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Agenda 11/13/2012 Item #16C111/13/2012 Item 16.C.1. EXECUTIVE SUMMARY Recommendation to award bid #12 -5908, Grease Hauling Services, to Carlos Rivero Plumbing and Septic Tank Contractor, Inc., in the estimated annual amount of $175,000. OBJECTIVE: To ensure efficient operation of Collier County's wastewater collections system and water reclamation facilities by removing the buildup of grease and insoluble materials from the collection system. CONSIDERATIONS: Grease hauling services are utilized by the Collier County Wastewater Department on a scheduled basis. This preventative maintenance service removes grease and insoluble material from the collection system at the lift stations. The material is hauled to a processing facility to eliminate the possible re -entry of the material into the system. This program reduces the potential for a sanitary sewer overflow at the lift stations and assists the water reclamation facilities in producing compliant reclaimed water for irrigation. Bid 912 -5908 was posted August 24, 2012, for public notice on Collier County's online vendor bidding system. The system sent out 225 notifications to firms who provide these services, and 24 companies downloaded full packages for review. On September 7, 2012, staff conducted the bid opening and reviewed the five bids received. See the attached bid tabulation. Staff recommends award of Bid #12 -5908, Grease Hauling Services, to Carlos Rivero Plumbing and Septic Tank Contractor, Inc., as the lowest, qualified, responsive bidder. The estimated annual amount of the bid is $175,000. FISCAL IMPACT: Funds in an estimated annual amount of $175,000 are budgeted in the Collier County Water -Sewer Operating Fund 408. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally sufficient and a majority vote is required for Board approval. - ERP RECOMMENDATION: That the Board of County Commissioners award bid #12- 5908, Grease Hauling Services, to Carlos Rivero Plumbing and Septic Tank Contractor, Inc., in the estimated annual amount of $175,000; and, authorize the Chairman to sign the County Attorney- approved agreement. Prepared by: Irene Johnson, Wastewater Technical Support Manager Packet Page -1828- 11/13/2012 Item 16.C.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1. Item Summary: Recommendation to Award bid #12 -5908, Grease Hauling Services, to Carlos Rivero Plumbing and Septic Tank Contractor, Inc., in the estimated annual amount of $175,000. Meeting Date: 11/13/2012 Prepared By Name: JohnsonIrene Title: Manager - Technical Support - WW,Wastewater 9/19/2012 2:37:46 PM Submitted by Title: Manager - Technical Support - WW,Wastewater Name: JohnsonIrene 9/19/2012 2:37:47 PM Approved By Name: HapkeMargie Title: Operations Analyst, Public Utilities Date: 9/21/2012 10:49:31 AM Name: JohnssenBeth Date: 9/21/2012 11:38:08 AM Name: Joseph Bellone Title: Manager - Utility Billing & Cust Serv.,Utilities Finance Operations Date: 9/21/2012 12:59:16 PM Name: NagySteve Title: Manager - Wastewater Collection, Wastewater Date: 9/21/2012 3:07:39 PM Name: Susan Jacobs Packet Page -1829- 11/13/2012 Item 16.C.1. Title: Operations Analyst, Public Utilities Date: 9/21/2012 4:45:44 PM Name: Steve Messner Title: Plant Manager,Water Date: 9/24/2012 2:56:22 PM Name: ParkerNicole Title: Contracts Specialist,Purchasing & General Services Date: 9/25/2012 7:42:47 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 9/26/20124:10:01 PM Name: ParkerNicole Title: Contracts Specialist,Purchasing & General Services Date: 10/2/2012 7:32:22 AM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 10/2/2012 10:45:49 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 10/8/2012 2:50:24 PM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 10/9/2012 11:05:06 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 10/9/2012 3:56:45 PM Name: KlatzkowJeff Title: County Attorney Date: 10/25/2012 3:26:31 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/2/2012 2:56:15 PM Packet Page -1830- m a O m A d Z O m 'O tD Packet Page -1831- 11/13/2012 Item 16.C.1. G mo Yk D —1 D N M m W 2 °w C D r O Z Z a ° o � � n 0 3 0 0o m N � N � fD J O S fD 7 w o 0 A 0 N � N N O. m n n •• N •� N N to A lA 11/13/2012 Item 16.C.1. Cor Cvtty �h�iiMe Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Hid prices offered have been reviewed. 3_ The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included, 7. If required, the amount of bid bond has been checked. and the bid bond or cashiers check has been included. 8, Addendum have been signed and included. if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company`s E- Verify profile page or memorandum of understanding. 11. Copies of licenses. equipment lists. subcontractors or any other information as noted in this ITB.. 11 The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: #12 -5908 Grease Hauling • Opening Date: September 7, 2012 at 3:00 PM. 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Carlos Rivero PlumbinC And Septic Tank Contractor, Inc Company Name -- __ President Signature & Title .t 09/0212012 Date # ?2.,5908 Grease Haudna 2� (TETemWate 03o1�72 Packet Page -1832- 11/13/2012 Item 16.C.1. Attachment 3: Vendor Submittal - Bid Response Form FROM: Carlos Rivera Plumbing And Septic Tank Contractor. Inc, Hoard of County Commissioners Collier County Government Center Naples, Florida 34112 RE Solicitation: #12 -5908 Grease Hauling Dear Commissioners: The undersigned. as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Sid is made without connection with any other person, company or companies submitting a Bid: and it is ail respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * SEE FOLLOWING PAGES ' * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: ,0_ %,0_ Days: Net 30 Days Bid Response Form is electronic. Please input your prices online. Note: if you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract. if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award, §12 -5908 Grease Hauling 1TB Tempiata_830"2012 Packet Page -1833- 11/13/2012 Item 16.C.1. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _2 day of September, 2012 in the County of Dade in the State of _Florida_ Firm's Complete Legal Name Carlos Rivero Plumbinq And Septic Tank ContracCor Inc Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax identification Number Telephone Number FAX Number Signature 1 Title Type Name of Signature !date 14364 SW 34 Street Miami. Florida 33165 59.2446956 305 -638 -5897 345 -224 -5125 Javier Rivero - -- President Javier Rivero 091=20 2 �y e•tta Y' I. 4waa4YrtartrtaHSYl rttt/ n1l. airaN44♦ Y.. 444Y�rtartaatartarttartairtstitae�trtw» �yiert44R +Y1VliYwty.�ktwa�lfalnlwwM Additional Contact Information Send Payments To-, (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #12- 590BGrease Hauurg ITB 7emplate_03012ot2 Packet Page -1834- 28 M1 11/13/2012 Item 16.C.1. Registered Septic Tank Contractor JAV1ER RIVERO 10180 SW 34TH STREET MIAMI FL 73185- CARLOS RIVERO PLUMSP YG & SEPTIC TANK CONTRACTOR. INC. Business Authorization: SA00812S7 SROOD1344 Re-otstrattor. Expres at% Septer oer 30E '012 Packet Page -1835- x. Packet Page -1836- W M 11/13/2012 Item 16.C.1. Qi LL ia 11/13/2012 Item 16.C.1. Table 2 -1. N astewater Treatment Plants Discussed in This Report mcd ::: miilum gMfi ms Per &v f3n¢Errtcucr. ez a3.. �EH) i iiszcll and San Ozer. 1444 Packet Page -1837- Design or Wastewater stews > County Type of Disposal Treatment i ?Current C:aQacitc "' Trca Plant in mud) i Cape Canaveral ' Drevard. Surface 4wZW. reu.Se 1 Secondan• grid i }figh-ie:'ri 1 i disinfection l t Ssondary and Sotrch Reaches I }3revard Surface %vrtcr relrx i high -level 12.4 dcen xcli in�ctinun i dltimtcct "ion L it" of Fon ; Brgw trxi f)c p -wcfl itiiecti< :n Seurridar, 43 Lauclunttl}e`' V1 Sunni e i 13roxard i Dct:p -wteil tn)Lcnon i Secandary i 1 9e40ndnN and rtk ql }'lik1,'VY4'(Ttil1 °,. l Brow"alif S(Mie lteu.5e. l.)Ca In 1 lit li - }eVC} L f gntt$11 j dlsinf -ci.ion Sgtric Reuse. ocean ! Secondary and iilr�ward County Nardi I out ll. deep -welt 1 High -level { Ri_Son.al" zzieClt[iti dlsinlertion Secondary and 1 Golden Chlte i NIT les♦ Collier Reuse !fs h ievcl t3.c.) dt"tinfeclion Miami -1 ?adc South Dude I [)cep -wcil infection Sccundary District ' t - ! t.tItl,t- 1 ?adCel3tYat Dade {)c.t.an cxltta'1_ tlei'"j}• F Secondary f 1 f l Di.Enci u'ut" nun gr — — �--- -- C )cc.x l min nl, dec^la- iecondlln and Miami -Dade Aonh i Cade ; we i inlectuir, High -level 3 1�: District, ` District, I Sonic roux i disinfection awtutf h. Cunt n water. }iiilshorough 1 ' i Adx,lnccd 9G i tTalltsria'l rvelunned 4ecundary and Sc=clrast" Palin Beach lt`ux and t7ce}a- Hleh•icucl 1 l Well to ectzgn dibinkClion "" 1 Palm Beach Sonic rcuse. Ciccan t Scunndary and Hiah- 'eve[ - 4;gca lLlton : tautrlli ! 1 diaurtcction i South C catrai ! Smondary slid I ltc Han 31. Deira }' PaiEn Beath Ocaan outfall High -level '- l3caefr "` d isinfi gtinrl SQeondan and Piuel }as Dcc wc11 itt)cctwn, Htsh- 1r4e1„ p' t =•� :1lhcnWhitted i Suin nt,r mcd ::: miilum gMfi ms Per &v f3n¢Errtcucr. ez a3.. �EH) i iiszcll and San Ozer. 1444 Packet Page -1837- Carlos Rivera Plumbing And Septic Tank Contractor, Inc. Equipment List 1. 2007 Vactor Truck — 824 Roots Blower with water jetter 2. 2003 International 4000 Gallon Septic Truck with water jetter 3. 2003 Sterling 4000 Gallon Septic Truck with water jetter 4. 2004 International 4000 Gallon Septic Truck with water jetter 5. 2007 O'Brien Water jetting trailer 6. 2005 GMC Savannah Plumbers Van 7. 2002 Gen -Eye Pipeline Inspection Camera S. 2006 Quickview Zoom Mainline Camera Packet Page -1838- 11/13/2012 Item 16.C.1. 11/13/2012 Item 16.C.1. C�c�- > ✓o�ttr;tty Attachment 4: Vendor Submittal - Local Vendor Preference Affidavit Solicitation: #12 -5508 Grease Hauling (Check Appropriate Boxes Below) State of Fiorida.(SeiectCounty if Vendor is described as a Local Business M Collier County Lee County Vendor affirms that tt 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 0) year prior to a Collier County bid or Proposal submission that authorit_es 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 deveiopment,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 Countys tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their comoliance 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 7Collier County or ❑ Lee County. Number of Emoloyees (;Including Owneri,$) 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 vendors submission being deemed.not applicable. Vendor Name Address in Collier or Lee County: Signature: STATE OF FLORIDA ED COLLIER COUNTY i7 LEE COUNTY Date. Titte: 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) rti2 -59DA Grease hauling ITSTemolsie n..«01=12 Packet Page -1839- 29 11/13/2012 Item 16.C.1. Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: 912 -5908 Grease Hauling This Affidavit is required and should be signed. notarized by an authorized principal of the firm and submitted with format Invitations to Bid ( 1TS's) and Request for Proposals (RFP j submittals. Further. Vendors 1 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 property completed E- Verify Company Profile page or 8 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 1 Bidder's proposal as non- resoonsive 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 ate) 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 Empioyment 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 fuliv compliant with all applicable :mmigratton laws (specifically to the 1986 Immigration Act and subsequent Amendmentw 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 Vendors / Bidder's proposal. Company Name Carlos Rivero Plum in And Septic Tank Contractor Inc Print Name Javi r Title President x Signature - ---- -- �' date 09 ?02?'1012 tr �� Statc of riorida County of trade The foregoing instrument was signed and acknowledged before me this LI day of -. =^ zt7i ;r ,, by who has produced 0 - Y y 7�:'� r as identifieaiton. IPnnt or T1A�e" Name" (Type of Identification and Nurnoerr Notary Public Sianature�- -- MYCOM Fretted Name of Notary ¢ubiic MR.4pFf sfft957yt � � 06.2lltb tuSLteYaaaopt Notary Co—i ion Numbensixonation 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 91 ^< 5808 Grease Hauling ITS Template_- 03012012 Packet Page -1840- CEO 11/13/2012 Item 16.C.1. �j�.. Attachment 6: 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,x'1(,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 Carlos Rivero Plumbing Ana Seotc Tank Contractor Irc ;as Stiown on income tax return) { Business Name I fit different from taxpayer name) Address 10350 SVY 34 Street City Miami State F ?critic Zip 33?E5 i Teiep gne 305 - 3313.5897 ;:AX 305.220-5?25 Email tawernvero20000vahoo coin {) Order information Remit! Payment Information I Address 15044 SW 141 Terrace Address 10360 SVd 34 Street City Miami State FL Zia; 33196 i City Miami State =L Zip _331E5 I FAX _305-220-5128 ( FAX 305- 220 -5125 Email _javiernvero2400 yanoo.cgm_ Email _laviemvero2000.@gyahoc.com I 1 Company Status (cheat oniy one) ndividuai 1 Soie ?roprielgr z_Carporatipn Partnership I Tax Exempt (Federal income tax - exempt entity Limited E iat>rlity Company under Internal Revenue Service guidelines IRC 50' (c) 3) a Enter the tax classification Corporation. P = f1rinership) 3; Taxpayer Identification Number (for tax reporting purposes only) ederal Tax laeniificatton Number (TIN) 59- 24469551 Vendors who do not have a TIN, will be required to provide a social securfty number Prior to an award of the contract.) 4. Sign and Date forth Certification: Underpetls oPpepury, i certdy that the irrfornietion shown on this form is correct to my knowiedge. Signaaure�M i "e „, Cate 091022012_ Titie President Phone Number 305 - 63£-5$37 9'.2 -5268 Grease Hauling ITS .i efnpiaie 6361201 Packet Page -1841- 3” 11/13/2012 Item 16.C.1. 17 Pollution $ Per Occurrence ❑ Professional Liability s per claim and.in • S1.000,000 per claim and in the aggregate She aggregate • S2.000,000 per claim and in the aggregate Sl- -5406 Crease Hauling ITS Tempiate_0 0,. -;t2 Packet Page -1842- 's2 v ~ >L -: Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance 1 Band Type -.. Regairod.li�r+its _ . ?. Z Workers Statutory Limits of Florida Statutes, Chapter 440 and ail Federal Government Compensation Statutory Limits and Requirements �. [X3 Employers 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 !SO form Liability anc Property Damage Liability. This shall include Premises and Operations: independent Contractors: Products and Completed Operations and Contractual Liability 4, n indemnification Tc the maximum extent permitted by Florida law. the ContractorNenderiConsuttant shall indemnity 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 ContractorNendorlConsuttant or anyone employed or utilized by the ContractorNendor:Consuttant 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. Q Automobile Liability $ 1,000.000 Each Occurrence: Bodily Injury & Property Damage, Owned/Non- owned /Hired, Automobile Included 51 L7 Other insurance as .7 Watercraft $ Per Occurrence noted: United States Longshoreman's and Harborworker's Act coverage snail be maintained where applicable to the completion of the work, $ Per Occurrence {� Maritime Coverage (Jones Act) shall oe maintained where applicable to the completion of the work. $ Per Occurrence Aircraft Liability coverage shaft be carried in limits of not Tess than 55.000.000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence 17 Pollution $ Per Occurrence ❑ Professional Liability s per claim and.in • S1.000,000 per claim and in the aggregate She aggregate • S2.000,000 per claim and in the aggregate Sl- -5406 Crease Hauling ITS Tempiate_0 0,. -;t2 Packet Page -1842- 's2 v 11/13/2012 Item 16.C.1. 7 Project Professional Liability S Per Occurrence 17 Valuable Papers insurance S . 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 home 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 shalt 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 shalt 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 10036. 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. 0 Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. fl 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. 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 Carlos Rivero Hli Contractor. Inc. Vendor Signature Print Name Javier Riverc Insurance Agency Bentley Insurance Agent Name Semio Giron #1: -5908 Grease Hauling M3 Template,_ 03012012 Date 09!0212012 Telephone Number 305-463 -! r 115 Packet Page -1843- 33 11/13/2012 Item 16.C.1. Veri x[['1jj��- Company ID Number: 597775 by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non - citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E- Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E- Verify process. 3. DHS agrees to make available to the Employer at the E- Verify Web site and on the E- Verify Web browser, instructional materials on E -Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E- Verify. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E- Verify program. DHS also agrees to provide to the Employer anti - discrimination notices issued by the Office of Special Counsel for Immigration - Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E- Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 131 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E -Verify Packet Page -1844- 11/13/2012 Item 16.C.1. ' u Company ID Number: 597775 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non - match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E- Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E- Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E- Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E- Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions: - If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(8)) can be presented during the Form 1 -9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E- Verify at 888 - 464 -4218. • If an employee presents a DHS Form 1 -551 (Permanent Resident Card). or Form 1 -766 (Employment Authorization Document) to complete the Form 1 -9, the Employer.agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1 -9. The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 13 1 E -Verify MOU for Employer 1 Revision Date 09/01/09 www.dhs.gov /E- Verify Packet Page -1845- 11/13/2012 Item 16.C.1. Company 1D Number: 597775 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non - matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E- Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 2748 of the INA with respect to Form 1 -9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E- Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1 -9 and E- Verify system compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E- Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1 -9 has been completed), and to complete as many (but only as many) steps of the E- Verify process as are necessary according to the E -Verify User Manual, or in the case of Federal contractors with the FAR E- Verify clause, the E- Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1 -9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1 -9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E- Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E- Verify procedures for pre - employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E- Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses the E- Verify system for any purpose other than as authorized by this MOU, the Employer Page 4 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E -Verify Packet Page -1846- 11/13/2012 Item 16.C.1. SAMS, I r, f -Ve Company ID Number: 597775 may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non - match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non - match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been .issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E- Verify at 1- 888 - 464 -4218 or OSC at 1 -800- 255 -8155 or 1- 800 - 237 -2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E- Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative non confirmations, The Employer further understands that any violation of the unfair immigration - related employment practices provisions in section 2748 of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E- Verify. If the Employer has any questions relating to the anti - discrimination provision, it should contact OSC at 1 -800 -255 -8155 or 1- 800 - 237 -2515 (TDD). Page 5 of 13 1 E -Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov /E- Verify Packet Page -1847- 11/13/2012 Item 16.C.1. -a �,w -UAkriF%ff 6R, 4k Company ID Number: 597775 12. The Employer agrees to record the case verification number on the employee's Form 1 -9 or to print the screen containing the case verification number and attach it to the employee's Form 1 -9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E- Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1 -9 and other employment records and to interview it and its employees regarding the Employer's use of E- Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E- VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E -Verify by the Employer, the Employer may not reverify the employee through E- Verify. a. Federal contractors with the FAR E- Verify clause agree to become familiar with and comply with the most recent versions of the E- Verify User Manual for Federal Contractors and the E -Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E -Verify clause agree to complete a tutorial for Federal contractors with the FAR E- Verify clause. c. Federal contractors with the FAR E- Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E- Verify at the time of a contract award must enroll as a Federal contractor with the FAR E- Verify clause in E- Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E -Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E- Verify as a Federal contractor with the FAR E- Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time Page 6 of 13 1 E -Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov /E- Verify Packet Page -1848- 11/13/2012 Item 16.C.1. .ta. d.. nrnr^b Company ID Number: 597775 of enrollment in the system and after the date and selecting which employees will be verified in E- Verify or within 30 days of an employee's assignment to the contract, whichever date is later. d. Employers that are already enrolled in E- Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E- Verify clause: Employers enrolled in E- Verify for 90 days or more at the time of a contract award must use E- Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E- Verify as other than a Federal contractor with the FAR E- Verify clause, must update E- Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E- Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E- Verify clause in E- Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E- Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E- Verify clause may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E- Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form 1 -9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E- Verify clause may choose to complete new Forms 1 -9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E- Verify clause may also update previously completed Forms 1 -9 to initiate E- Verify verification of existing employees who are not completely exempt as long as that Form 1 -9 is complete (including the SSN), complies with Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1 -9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form_ 1 -9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form Page 7 of 13 1 E -Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov /E- Verify Packet Page -1849- 11/13/2012 Item 16.C.1. y bEr,t� erifv .N Company ID Number: 597775 1 -9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1 -9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1 -9 consistent with Article II.C.5, or update the previous 1 -9 to provide the necessary information. If section 1 of the Form 1 -9 is otherwise valid and up -to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1 -551) that expired subsequent to completion of the Form 1 -9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E- Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E- Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E -Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by the E- Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system - generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E -Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. Page 8 of 13 1 E -Verify Mou for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify Packet Page -1850- 11/13/2012 Item 16.C.1. 101 J SF K ^ Company ID Number: 597775 B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E- Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo. non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non - match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toil -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will send a copy of the employee's Form 1 -551 or Form 1 -766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non -match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E- Verify, the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. ARTICLE IV SERVICE PROVISIONS Page 9 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 . www.dhs.gov /E- Verify Packet Page -1851- 11/13/2012 Item 16.C.1. �• ate, ,,a�� b����, T Company ID Number: 597775 SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E- Verify, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E- Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E -Verify User Manual, the E- Verify User Manual for Federal Contractors or the E- Verify Supplemental Guide for Federal Contractors. Even without changes to E- Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E- Verify clause may terminate this MOU when the Federal contract that requires its participation in E- Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E- Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E- Verify clause fails to provide such notice, that Employer will remain a participant in the E- Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E- Verify clause, and will be required to use the E- Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E- Verify clause, termination of this MOU by any parry for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E- Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity Page 10 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify Packet Page -1852- 11/13/2012 Item 16.C.1. VerIF y ,. y liiiilr�� Company ID Number: 597775 regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E- Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E- Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 11 of 13 1 E- Verify MoU for Employer I Revision Date 09/01/09 www.dhs.gov/E- Verify Packet Page -1853- 11/13/2012 Item 16.C.1. Company ID Number: 597775 To be accepted as a participant in E- Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E- Verify at 888 - 464 -4218. (Employer Carlos Rivero Plumbing and Septic Tank Contractor, Inc. F Javier Rivero,' Name (Please Type or Print): , T9/0612012 ;Electronicall Si ned Signature rate )Department of Homeland Security — Verification Division USCIS`Verification 'Division Name (Please Type or, Print) ftle ; Electronically Signed 109/06/2012 Signature ate f Information Required for the E- Verify Program Information relating to yo ur Company: Com an 'NameCarlos Rivero Plumbing and Septic Tank Contractor, Inc. Company Facility Address: -57 NW 21 Terrace Miami, FL .33127 I Company Alternate Address: 0360 SW 34 Street �iami,.Fl- 33165 County or Parish: IAMI -DADS i Employer Identification Number 1592446956 Page 12 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify Packet Page -1854- 11/13/2012 Item 16.C.1. Company ID Number: 597775 Information relating to the Program Administrator(s) for your Company on .policy questions or operational - problems: Page 13 of 13 1 E -Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov /E -Verify Packet Page -1855- 11/13/2012 Item 16.C.1. Ver�F X51 �.r Company ID Number: 597775 THE E- VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Carlos Rivero Plumbing and Septic Tank Contractor, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E- Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E- Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1 -9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E- Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104 -208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E- Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification ", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E- Verify clause ") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E- Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E- Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify Packet Page -1856- 11/13/2012 Item 16.C.1. A G R E E M E N T #12-5908 for Grease Hauling THIS AGREEMENT, made and entered into on this day of 2012, by and between Carlos Rivero Plumbing & Septic Tank Contractor, Inc., authorized to do business in the State of Florida, whose business address is 10360 SW 34th Street Miami FL. 33165, (the "Contractor ") and Collier County, a political subdivision of the State of Florida, (the "County "): WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a Purchase Order. The contract shall be for an initial one (1) year period. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods, for a total contract length not to exceed three (3) years. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Grease Hauling in accordance with the terms and conditions of Sid #12 -5908 and the Contractor'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 Contractor 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. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price of One Thousand One Hundred Forty Nine Dollars ($1,149.00) per station offered by the Contractor in his bid, together with the cost of any other charges /fees submitted in the proposal. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 3.1 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 Page 1 of 7 Packet Page -1857- 11/13/2012 Item 16.C.1. "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Carlos Rivero Plumbing & Septic Tank Contractor, Inc. 10360 SW 34til Street Miami, FL. 33165 Telephone: 305 -638 -5897 Facsimile: 305 - 220 -5125 Email: iavierrivero2000@yahoo.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing & General Services Director Telephone: 239 - 252 -8407 Facsimile: 239 - 252 -6480 The Contractor 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. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply Page 2 of 7 Packet Page -1858- 11/13/2012 Item 16.C.1. with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor 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 Contractor 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 Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor 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 Contractors; 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. Page 3 of 7 Packet Page -1859- 11/13/2012 Item 16.C.1. 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 Contractor 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. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Wastewater Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor 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: Contractor's Proposal, Insurance Certificate, Bid #12 -5908 Specifications/ Scope of Services shown in the Solicitation Document. Page 4 of 7 Packet Page -1860- 11/13/2012 Item 16.C.1. 16. SUBTECT 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. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, 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. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor 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 Contractor 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. 19. 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. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor 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 Contractor with full decision - making authority Page 5 of 7 Packet Page -1861- 11/13/2012 Item 16.C.1 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. 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. PERSONNEUSTAFFING: The Contractor'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 ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the requirements of the contract on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the timeframes established by the Collier County Collections Manager or his designee. 25. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents. 26. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Page 6 of 7 Packet Page -1862- 11/13/2012 Item 16.C.1. IN WITNESS WHEREOF, the Contractor 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 TType /print witness nameT Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman CARLOS RIVERO PLUMBING & SEPTIC TANK CONTRACTOR, INC. Assistant County Attorney 0 Print Name Page 7 of 7 Contractor Signature Typed signature and title Packet Page -1863- 11/13/2012 Item 16.C.1. C aMr Copy Aditnisbratve Services Division r= urchasing INVITATION TO BID Date: August 24, 2012 From: Nicole Parker (239) 252 -4270 (Telephone) (239) 252 -6549 (FAX) nicoleparker @colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: #12 -5908 Grease Hauling As requested by the Wastewater Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre -ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E- Procurement website: www.collier-gov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Irene Johnson, Project Manager Note: All manual ITB responses submitted must include one (1) original labeled MASTER, along with one (1) exact duplicate copy, including all required forms. #12 -5908 Grease Hauling ITB Template_03012012 Fumhasirq Cepartmeri- 332' Tamiam; TraP 7- as! • Naples. Florida 34112 -4901 • v Av.colhergov.net(purchasing Packet Page -1864- 11/13/2012 Item 16.C.1. Invitation to Bid Index PublicNotice ............................................................................................... ............................... 3 Exhibit I: Scope of Work, Specifications and Response Format ................ ............................... 4 Exhibit II: General Bid Instructions ............................................................. ............................... 8 Exhibit III: Standard Purchase Order Terms and Conditions ....................... .............................14 Exhibit IV: Additional ITB Terms and Conditions ......................................... .............................17 Attachment 1: Vendor Submittal - Vendor's Non - Response Statement ....... .............................25 Attachment2: Vendor's Check List ............................................................. .............................26 Attachment 3: Vendor Submittal - Bid Response Form ............................... .............................27 Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .......... .............................29 Attachment 5: Vendor Submittal — Immigration Affidavit ............................... .............................30 Attachment 6: Vendor Substitute W — 9 ........................................................ .............................31 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ... .............................32 #12 -5908 Grease Hauling 2 ITB Template_03012012 Packet Page -1865- 11/13/2012 Item 16.C.1. Public Notice Sealed bid responses for Solicitation #12 -5908 Grease Hauling, will be received electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00 p.m. Collier County local time on September 7, 2012. Solicitation responses received after the stated time and date will not be accepted. Solicitation #12 -5908 Grease Hauling No pre -bid conference will be held for this solicitation All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E- Procurement website: www.coiliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department E- Procurement website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing /General Services Director Publicly posted on the Collier County Purchasing Department website: www.colliergov.net /purchasing and in the lobby of the Purchasing Building on August 24, 2012. #12 -5908 Grease Hauling ITB Template-03012012 Packet Page -1866- 11/13/2012 Item 16.C.1. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Wastewater Department (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ") has issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and Specifications stated herein. Brief Description of Purchase Collier County Wastewater's collections system includes approx. 770 lift stations. To maintain efficient operation, grease and matted material must be occasionally removed from the wet wells at the stations and disposed of in a manner to prevent re -entry into the wastewater system. The procurement of grease /mat removal and disposal services supports the overall wastewater maintenance function and contributes to compliant and effective operation of the wastewater collections system. Detailed Scope of Work This information is provided to prospective bidders to ensure an understanding of the requirements of the Collier County Wastewater Department relative to furnishing emergency and scheduled grease removal and disposal service. Any County department may utilize this bid. A. Material 1) This material primarily consists of fats from cooking grease and residue from soap film (mat). 2) There may also be other organics and plastics trapped in the mat material. B. Method 1) The contractor shall supply all equipment and personnel to perform the required tasks. 2) The contractor shall remove all mats and floating grease from wet well including level floats and monitors. 3) Mat /grease material may not be dewatered onsite. 4) The material must be taken from wet well and hauled directly to disposal. 5) The contractor shall be responsible for cleaning up any material spills in accordance with State, Federal and local regulations. The contractor must have on board their trucks, a spill kit to be used in the event of a spill of grease, scum, fuel, or any other discharge, while performing this contract. C. Location /Frequency 1) The contractor shall schedule with the Collier County Collections Manager the removal and disposal of grease and related material at any of the Master Pumping Stations or lift stations throughout the District. 2) The location and frequency of the described work is dependent upon seasonal population fluctuation and maintenance activities. #12 -5908 Grease Hauling ITB Template_03012012 Packet Page -1867- 11/13/2012 Item 16.C.1. D. Response 1) The contractor must respond within 24 hours, including weekends and holidays, to any requests not previously scheduled by the Collier County Collections Manager (or designee). This work will be billed at the lump sum rate. All requests for services require response from the Contractor within 24 hours. 2) In the event the contractor fails to perform any required service under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the contractor's payments. The contractor may be exempt from this provision if such exemption is granted by the Collier County Collections Manager or his designee, in writing. E. Disposal 1) At the time of bid submittal the contractor must specify the method of disposal and certify that this method meets all requirements of the Environmental Protection Agency (EPA) and is in accordance with State, Federal and Local regulations. 2) The contractor has the sole responsibility to comply with any with local, state federal and /or Department of Transportation (DOT) rules and laws and /or regulations in regards of transportation and disposal of material removed and submit copies of licensure and permits. 3) Each load shall have a manifest signed by an agent of the contractor and Department 4) The disposal site shall be identified on the manifest for official records. 5) Compensation for transportation and disposal of waste material resulting from the removal process is secondary to the removal process. Additional requests for compensation for disposal will not be accepted. F. Damage to Structures: 1) Damage caused by the contractor to pipes, manholes, property or any other system appurtenances shall be repaired by the Department at the contractor's expense. a. The contractor shall contact the Department immediately to notify them of any damage. b. The Department will coordinate the repair and charge the contractor for all associated fees involved in such work. G. Safety 1) The contractor has the sole responsibility to comply with any local, state, federal, and /or OSHA rules, laws and /or regulations including best management practices in regards of operation around wet wells, transportation and disposal of material removed. H. Payment 1) Payment will be on a lump sum basis, as per the lump sum bid item. The prospective contractor will be responsible for measurements, fees, hauling and disposal costs. Lump sum price is inclusive per lift station regardless of size, this includes standard lift stations and master pump stations. The majority of the hauling services will be on master pump stations. 2) The contractor shall invoice the Department on a monthly basis and the invoice shall have a detailed description of the: a. date of the work; b. station number; 3) Each invoice submitted for payment shall be accompanied by the hauling manifest and receipt from disposal site for each load of material removed. 4) The contractor shall invoice the Department monthly for work performed in the prior thirty (30) days. Invoices not submitted timely, within sixty (60) days, of the work being performed is subject to non - payment under the legal doctrine of "laches" as untimely submitted. #12 -5908 Grease Hauling ITB Template_03012012 Packet Page -1868- 11/13/2012 Item 16.C.1. I. Bid Response Format 1) Disposal must be at a facility permitted, licensed and certified to accept waste material; response must indicate disposal location with copies of facility permit. 2) This is an electronic submission that must be uploaded into www.colliergov.net/bid with all attachments uploaded. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids /projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor. • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select a single awardee. • The contract will be in the form of a standard short form contract. Term of Contract The term of the contract shall be for one (1) year with an option by the parties to renew the contract yearly for a maximum of two (2) years for a total contract length not the exceed three (3) years. All required licenses, permits and insurances are to be maintained and current at all times under the contract term. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Timetable Event Date Issue Solicitation Notice Au ust 24, 2012 Last Date for Receipt of Written Questions September 4, 2012, 3:00 PM, Naples Local Time Mandatory or Non - mandator re- solicitation meeting N/A Solicitation Deadline Date and Time September 7, 2012, 3:00 PM, Naples Local Time Vendor Required Documents #12 -5908 Grease Hauling ITB Template-03012012 Packet Page -1869- 11/13/2012 Item 16.C.1. • Attachment 1: Vendor's Non Response Statement • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W -9 • Attachment 7: Insurance and Bonding Requirement • Attachment 8: Licenses /Permits, Department of Health & Pollution Control Licenses #12 -5908 Grease Hauling ITB Template_03012012 Packet Page -1870- 7 Exhibit II: General Bid Instructions 1. Purpose /Objective 11/13/2012 Item 16.C.1. As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein /hereto. The successful vendor will hereinafter be referred to as the "Vendor" All bids must be submitted on the Bid form furnished by the County noted in Attachments 1, 2, 3, 4, and 5 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non - responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and /or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and /or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #12 -5908 Grease Hauling ITB Template_03012012 Packet Page -1871- 11/13/2012 Item 16.C.1. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be ' considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and /or clarify the requirements of the bid specifications where it deems necessary. Any such addendum /clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department e- procurement website: www.colliergov.net /bid. All paper bids shall be submitted to the County Purchasing Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. Vendors must submit one (1) paper copy clearly labeled "Master," and one (1) compact disks (CD's) with one copy of the proposal on each CD in Word Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist #12 -5908 Grease Hauling ITB Template-03012012 Packet Page -1872- 11/13/2012 Item 16.C.1. before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.collierclov.net/bid. Questions will not be answered after the date noted on the ITB. 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 identified in the Public Notice. 10. Protests Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate issue with the ITB shall file a written protest with the Purchasing Director rip or to the opening of the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Request for Proposals. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non - responsive. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2008 -181 establishing and adopting the Collier County Purchasing Policy. The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County purchases. A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County quote 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 quote or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive non -local business submits the lowest price quote, and the quote submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest #12 -5908 Grease Hauling 10 ITB Template_03012012 Packet Page -1873- 11/13/2012 Item 16.C.1. quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff Aft shall first verify if the lowest non -local vendor and the lowest local vendor are in fact qualified and responsive vendors. ._ Next, the Purchasing Department shall determine if the lowest local vendor meets the requirements of Section 287.087 F.S. If the lowest local vendor meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local vendor submits an offer that fully matches the lowest quote from the lowest non -local vendor tendered previously, then award shall be made to the local vendor. If the lowest local vendor declines or is unable to match the lowest non local quote price(s), then award will be made to the lowest overall qualified and responsive vendor. If the lowest local vendor does not meet the requirement of Section 287.087 F.S. and the lowest non -local vendor does, award will be made to the vendor that meets the requirements of the referenced state law. Vendor must complete and submit with its quote 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 quote 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 quote submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with any of the competing 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. 13. 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 #12 -5908 Grease Hauling ITB Template_03012012 Packet Page -1874- 1iF 11/13/2012 Item 16.C.1. shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.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 seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 15. 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.org /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. 16. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug -free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 17. Bid Award Process #12 -5908 Grease Hauling 12 ITB Template_03012012 Packet Page -1875- 11/13/2012 Item 16.C.1. Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. 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. #12 -5908 Grease Hauling ITB Template_03012012 Packet Page -1876- 13 11/13/2012 Item 16.C.1. Exhibit 111: Standard Purchase Order Terms and Conditions Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and /or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and /or services, or any similar act by VENDOR. Inspection All goods and /or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and /or services provided early in the term of the Purchase Order are non - conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and /or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. 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. #12 -5908 Grease Hauling 14 ITB Template-03012012 Packet Page -1877- 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. 7. 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. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 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 #12 -5908 Grease Hauling ITB Template_03012012 11/13/2012 Item 16.C.1. 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). 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 15 Packet Page -1878- 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 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 11/13/2012 Item 16.C.1. 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 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 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. #12 -5908 Grease Hauling 16 ITB Template_03012012 Packet Page -1879- 11/13/2012 Item 16.C.1. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and /or Services During the contract term, Collier County reserves the right to add related items and /or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and /or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. 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. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of agreement. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 90% or more of the solicitation amount for said work. 6. Deductions for Non - Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non - performance. 7. 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. 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. #12 -5908 Grease Hauling ITB Template 03012012 Packet Page -1880- 17 11/13/2012 Item 16.C.1. 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. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 10. Licenses * * * * ** The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non - responsive. A Vendor with an office within Collier County is 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. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252 -2477. 11. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair /replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired /replaced by the County, the cost of such work will be deducted from the monies due the Vendor. #12 -5908 Grease Hauling 18 ITB Template_03012012 Packet Page -1881- 11/13/2012 Item 16.C.1. 12. 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. 13. Invoice and Payments 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 #12 -5908 Grease Hauling 19 ITB Template-03012012 Packet Page -1882- 11/13/2012 Item 16.C.1. is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 14. Survivability Purchase Orders: The Consultant /ContractorNendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation #12 -5908 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 15. 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 Insurance and Bonding Requirements 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 #12 -5908 Grease Hauling 20 ITB Template_03012012 Packet Page -1883- 11/13/2012 Item 16.C.1. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such 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. 15. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty -four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.coiliergov.net/purchasing. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non - responsive. #12 -5908 Grease Hauling ITB Template_03012012 Packet Page -1884- 21 11/13/2012 Item 16.C.1. 16. 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. 17. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and /or Purchasing Departments and are available on -line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 18. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 19. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and /or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and /or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and /or materials provided under Vendor's agreements with material suppliers #12 -5908 Grease Hauling 22 ITB Template_03012012 Packet Page -1885- 11/13/2012 Item 16.C.1. 20. Grant Compliance The purchase of any goods and /or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 21. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. All equipment must be new and of current manufacture in production at the time of ITB opening, and carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and /or acceptance by the County. 22. Storage Tank Installation and Closure Requirements An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the 'County prior to installation or closure of the tank. The Pollution Control Department (239- 252 -2502) via contract GC -690 with the Florida Department of Environmental Protection (FDEP) is the County (local program) for the purposes of these rules. Regulated tanks require notification to the `County' local program 30 days prior to installation and again 48 hours prior to commencement of the installation. Closure activities require a 10 day notification and then a 48 hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation / closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the Vendor / Project Manager. Specifics on applicability, exemptions and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 23.62- 761.300 Applicability 1) General Requirements: a) Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of UST systems with individual storage tank capacities greater than 110 gallons that contain or contained: i) Vehicular fuel, subject to Chapter 17 -61, F.A.C., after May 21, 1984 ii) Pollutants or hazardous substances after December 10, 1990; or #12 -5908 Grease Hauling ITB Template_03012012 Packet Page -1886- 23 11/13/2012 Item 16.C.1. iii) Regulated substances in unmaintained storage tank systems. b) This rule is applicable to non - residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information only -not required by this Chapter). 24. 62- 762.301, F.A.C. Applicability 1) General Requirements: a) Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17- 61, F.A.C., after May 21, 1984 (1) Vehicular fuel, subject to Chapter 17 -61, F.A.C., after May 21, 1984; (2) Pollutants after March 12, 1991; or (3) Pollutants in unmaintained storage tank systems. b) Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing hazardous substances are only required to comply with subsections 62- 762.401(1) -(2), F.A.C. c) Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with Rule 62- 762.891, F.A.C. 25. Definitions 62- 761.200(11) and 62- 762.201(16), F.A.C.: "County' means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems. 62- 761.200(48) and 62- 762.201(62), F.A.C.: "Pollutants" includes any "product" as defined in Section 377.19(l 1), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas. 62- 761.200(51) and 62- 762.201(65), F.A.C.: "Product" as defined in Section 377.19(l 1), F.S., means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. 62- 761(73) and 62- 762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails. #12 -5908 Grease Hauling 24 ITB Template_03012012 Packet Page -1887- 11/13/2012 Item 16.C.1. Goer County �rrunistraiive services Lh�isian Purchasing Attachment 1: Vendor Submittal - 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 why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: #12 -5908 Grease Hauling ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood (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): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature / Title Type Name of Signature Date: #12 -5908 Grease Hauling ITB Template_03012012 Packet Page -1888- 25 11/13/2012 Item 16.C.1. CoIr minty A&Tvniwalive Services Dwision Purchasing Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: #12 -5908 Grease Hauling • Opening Date: September 7, 2012 at 3:00 PM. 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date #12 -5908 Grease Hauling 26 ITB Template_03012012 Packet Page -1889- 11/13/2012 Item 16.C.1. corer Gcry r'�dn�nisira�ae Services �ivisian Purchasing Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: #12 -5908 Grease Hauling Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net _ Days ❑ Bid Response Form is electronic. Please input your prices online. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. #12 -5908 Grease Hauling ITB Template-03012012 Packet Page -1890- 27 11/13/2012 Item 16.C.1. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2012 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number Telephone Number FAX Number Signature / Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #12 -5908 Grease Hauling 28 ITB Template-03012012 Packet Page -1891- 11/13/2012 Item 16.C.1. Ccer :snty Administrative SeM--s Wsion Purr - hosing Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: #12 -5908 Grease Hauling (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: Address in Collier or Lee County: Signature: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Date: 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) #12 -5908 Grease Hauling ITB Template-03012012 Packet Page -1892- 29 1 11/13/2012 Item 16.C.1. Cofer CAMXty AdmmsuaWe Seances. DMsion Nurhasina Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: #12 -5908 Grease Hauling 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 Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of who has produced (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration as identification. (Type of Identification and Number) 20_, by 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. #12 -5908 Grease Hauling ITB Template_03012012 Packet Page -1893- 30 11/13/2012 Item 16.C.1. coli'e�r County AdrnrusbaM Services CWslon chasing Attachment 6: 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. I. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address State Telephone FAX Order Information Address City State FAX Email City Zip. Email Remit / Payment Information Address Zip City State FAX Email 2. Company Status (check only one) Zip _Individual / Sole Proprietor I _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 = Disre arded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #12 -5908 Grease Hauling ITB Template_03012012 Packet Page -1894- 31 11/13/2012 Item 16.C.1. co aer C.Qwnt,,� Adrnnistratve Services Division Purchasing Attachment 7: Vendor Submittal - 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 Contractor /Vendor /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 Contractor /Vendor /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. S Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate #12 -5908 Grease Hauling 32 ITB Template-03012012 Packet Page -1895- 11/13/2012 Item 16.C.1. ❑ Project Professional Liability $ Per Occurrence ❑ 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 Vendor Signature Print Name Insurance Agency Agent Name #12 -5908 Grease Hauling ITB Template-03012012 Packet Page -1896- Date Telephone Number 33