Request_for_Proposals_Instructions_Version_1.pdf

Version 1 _9.2.25

REQUEST FOR PROPOSALS (RFP) INSTRUCTIONS

1. PURPOSE/OBJECTIVE

As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “the County”) issued this Request for Proposals (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified Proposers/Firms/Vendors in accordance with the terms, conditions and specifications stated or attached. The Proposers, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. All references to “Proposer” are also referred to as “Consultant,” “Firm,” “Offeror,” “Contractor,” and “Vendor.”

2. QUESTIONS

2.1. Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: https://procurement.opengov.com/portal/collier-county-fl.

2.2. Bidders must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website.

2.3. For general questions, please call the referenced Procurement Professional on the solicitation.

3. PRE-PROPOSAL CONFERENCE (if applicable)

3.1. The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Proposers having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official and will be included as part of the RFP as an addendum.

3.2. All prospective Proposers are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for the solicitation. If this pre-proposal conference is denoted as “mandatory,” prospective Proposers must be present in order to submit a proposal response.

4. COMPLIANCE WITH THE RFP

4.1. Proposers must be in strict compliance with the RFP. Failure to comply with all provisions of the RFP may result in being deemed non-responsive/responsible.

4.2. Proposers submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature.

4.3. Proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature.

4.4. If the Proposer is an individual, his or her signature shall be inscribed.

4.5. If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the proposal.

4.6. All proposals shall have names typed or printed below all signatures.

4.7. By submitting a proposal, Proposers acknowledges and agrees that it shall execute the Agreement in the form attached and incorporated herein.

4.8. The Proposers shall complete the proposal and shall acknowledge the proposal correctly.

4.9. The proposal may be deemed non-responsive and/or rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind.

4.10. Proposers are responsible for reading and following the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the proposal being deemed non-responsive/responsible.

4.11. Proposals must be submitted electronically on the County’s bidding platform (https://procurement.opengov.com/portal/collier-county-fl). The County will not accept paper bids submitted via mail or in person delivery.

5. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFP

It is the sole responsibility of the Proposer if they discover any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional of such error in writing and request modification or clarification of the document prior to submitting the proposal and proposal opening date.

6. ADDENDA

6.1. The County reserves the right to formally amend and/or clarify the solicitation where it deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all parties who received the original solicitation specifications prior to the deadline for submission of proposals.

6.2. All changes to the RFP will be conveyed electronically through a notice of addendum or questions and answers to all Proposers registered under the applicable commodity code(s) at the time when the original RFP was released, as well as those Proposers who downloaded the RFP documents.

6.3. All addenda are posted on the Collier County Procurement Services Division Online Bidding System website: https://procurement.opengov.com/portal/collier-county-fl.

6.4. Before submitting a proposal submittal, please make sure that you have read all documents provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in deeming your submittal non-responsive/responsible.

7. PROPOSALS, PRESENTATIONS, AND PROTEST COSTS

The County will not be liable in any way for any costs incurred by any Proposer in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.

8. VALIDITY OF PROPOSALS

No proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.

9. DELIVERY OF PROPOSALS

9.1. All proposals are to be submitted by the due date and eastern standard local time, on the Collier County Procurement Services Division Online Bidding System website:

https://procurement.opengov.com/portal/collier-county-fl.

9.2. The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated date and/or time indicated.

10. METHOD OF SOURCE SELECTION

10.1. The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized, established, and adopted by Collier County Procurement Ordinance.

10.2. If the County receives proposals from less than three (3) firms, the Procurement Director or designee shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals.

11. SINGLE PROPOSAL

Each Proposer must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration.

12. EVALUATION OF PROPOSALS

12.1. The County’s procedure for selecting is as follows:

12.1.1. The Procurement Services Director or designee shall appoint a selection committee to review all proposals submitted.

12.1.2. The Request for Proposal is issued.

12.1.3. The RFP shall be awarded based upon the scoring criteria as set forth in the solicitation documents, to the responsive and responsible proposer(s) who, in the sole opinion of the evaluation committee, is determined to be the most qualified to perform the work.

12.1.4. Subsequent to the closing date of the solicitation, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP.

12.1.5. Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division.

12.1.6. In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least seventy-two hours advanced notice.

12.1.7. Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Scoresheet and prepare comments for discussion at the next meeting.

The Individual Selection Committee Scoresheet is merely a tool to assist the selection committee member in their review of the proposals.

12.1.8. At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other and may ask questions of one another. Time will be allowed for public comment.

12.1.9. Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information.

12.1.10. Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by shortlisting the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking.

12.1.11. The selection committee’s overall rank of firms in order of preference (from highest score or beginning with a rank of one (1) if presentations were held) will be discussed and reviewed by the Procurement Professional. By final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking, and staff will subsequently enter into negotiations.

12.2. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information.

12.3. Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner.

12.4. Acceptance of the proposal does not guarantee the issuance of any other governmental approvals.

13. REFERENCES

The County reserves the right to contact any and all references submitted as a result of this solicitation.

14. LICENSES

14.1. The Proposer is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents.

Failure on the part of any Proposer to submit the required documentation may be grounds to deem Proposer non-responsive. A Proposer, with an office within Collier County is also required to have an occupational license.

15. LOCAL VENDOR PREFERENCE (not applicable to Grant Funded Solicitations)

Any Proposer claiming local vendor preference must complete the required form and submit a Collier or Lee Business Tax receipt with their submission.

16. IMMIGRATION CERTIFICATION

16.1. Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements.

16.2. Proposers are required to be enrolled in the E-Verify program at the time of submission of the Proposal. Acceptable evidence of your enrollment 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 which will be produced at the time of the submission of the Proposer’s proposal.

16.3. Additionally, Proposers shall require all subcontracted Proposers to use the E-Verify system. All Proposers shall familiarize themselves with the statutory requirements set forth in the Florida Statutes §448.095 pertaining to the responsibilities of Public Employers, Contractors and Subcontractors.

16.4. 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 Proposer’s responsibility to familiarize themselves with all rules and regulations governing this program.

16.5. Proposer 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 certification. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this certification shall constitute a breach of the award agreement, and the County shall have the discretion to unilaterally terminate said agreement immediately.

17. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF

FLORIDA (FL STATUTE 607.1501)

Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501): In order to be considered for award, Proposers must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Section 607.1501, Florida Statutes, and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Proposers who do not provide the certificate of authority at the time of response shall be required to provide the same within five (5) days upon notification of selection for the award. If the Proposers cannot provide the document within the referenced timeframe, the County reserves the right to award to another Proposer.

18. INSURANCE REQUIREMENTS AND BONDS

18.1. The Proposer shall at its own expense and carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of the RFP. The Proposer shall be required to provide the Certificate of Insurance(s) with the limits set forth in the RFP and awarded Agreement. If the Proposer cannot provide the document within the referenced timeframe, the County reserves the right to award to another Proposer. The Proposer shall procure and maintain property insurance upon the entire term of the awarded contract, if required, to the full insurable value of the scope of work.

18.2. The County and the Proposer waive against each other and the County’s separate Proposers, 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 Proposer and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Proposers, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts.

18.3. Collier County shall be responsible for purchasing and maintaining its own liability insurance.

18.4. Bonds (if applicable):

18.4.1. The Successful Bidder agrees to provide payment and performance bonds at least 100 percent of the contract amount, including allowance.

18.4.2. All required bonds shall be from a surety company authorized to do business in the State of Florida to guarantee the full and faithful performance of the contractual obligations and the payment of labor and material expended pursuant to the contract whenever and in such amounts as is deemed necessary by the Procurement Services Division. The surety shall meet the requirements of the Department of the Treasury Fiscal Service, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies.” An irrevocable letter of credit from a financial institution operating within the State of Florida (or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond if so provided for in the bid and contract documents.

18.4.3. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Agreement, the specifications accompanying the Agreement, or to the work to be performed under the Agreement shall in any way affect its obligation on this bond, except as provided herein, and waive notice of any change, extension of time, alteration or addition to the terms of the Agreement or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Agreement that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to the Surety is not required for such increased obligation.

19. ETHICAL STANDARDS

19.1. All Proposers must comply with Procurement Ordinance, Section Seven, Ethical Standards, including the following:

19.1.1. No Proposer shall discuss or consult with other Proposers intending to compete for the same or similar contract for the purpose of bid rigging, collusion or other activities that are illegal, unethical or limiting competition.

19.1.2. Proposers must certify that, to the best of their knowledge or belief, no elected/appointed official or employee of Collier County, a spouse thereof or other person residing in the same household, is financially interested, directly or indirectly, in providing the goods or services specified in any submitted bid or proposal. Financial interest is defined as ownership of more than one percent (1%) of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of the business submitting the bid or proposal or of any subcontractor or supplier thereof providing goods or services in excess of one percent (1%) of the total bid or proposal amount. Additionally, the Proposer, on company letterhead, must divulge at the time of the submittal of a bid or proposal, any relative, other than those already specified, of an elected or appointed official or employee of the County who has a financial interest, in providing the goods or services specified in the bid or proposal. The County, at its sole discretion, will determine whether a conflict exists and whether to accept or reject the bid or proposal.

19.1.3. No Proposer shall submit false information or intentionally submit misleading information to Collier County. After the advertisement of any solicitation, a “cone of silence” is in effect such that no current or prospective Proposer or any person acting on their behalf, shall lobby, contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee, selection committee member, advisory board member, or elected or appointed official, other than the Procurement Services Division Director or designees.

19.1.4. Lobby shall mean influencing or attempting to influence action or non-action and attempting to obtain the goodwill of persons relating to the selection, ranking, or contract award in connection with any solicitation through direct or indirect oral or written communication. Any current or prospective Proposer that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Division Director, and (ii) will be subject to Debarment Suspension as outlined in Section Twenty-Six of the Procurement Ordinance.

19.1.5. If a Proposer becomes aware of a conflict of interest, unethical behavior, or illegal activity, they must promptly notify the Procurement Services Division. Failure to comply with this section shall be deemed a violation of ethical standards subject to administrative actions and may be subject to civil, and/or criminal penalties for ethical violations.

19.1.6. Proposers who violate the ethics standards described above and in the Procurement Ordinance shall be subject to debarment and suspension as provided in Section Twenty- Six of the Procurement Ordinance.

19.1.7. Proposers doing business with Collier County shall comply with the provisions of Sections 287.133, 287.135, 287.138, 448.095, and 908.111, Fla. Stat.

20. CONFLICT OF INTEREST

The Proposer shall complete the Conflict of Interest Certification included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a Proposer from consideration. These disclosures are intended to identify and/or preclude conflict of interest situations during contract selection and execution.

21. RELATION OF COUNTY

It is the intent of the parties hereto that the Proposer shall be legally considered an independent Proposer, and that neither the Proposer or nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Proposer, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation.

22. PROHIBITION OF COLLUSION

22.1. Proposers are hereby notified that collusion or anti-competitive practices among Proposers are strictly prohibited and will not be tolerated. Any agreement or cooperation between Proposers to manipulate pricing, restrict competition, or otherwise undermine the integrity of the procurement process may result in:

22.1.1. Disqualification of all involved Proposers.

22.1.2. Rejection of submitted Proposals.

22.1.3. Referral to appropriate legal authorities for investigation and prosecution under applicable state and federal laws.

22.2. Each Proposer must independently prepare and submit its Proposal without any consultation, communication, or agreement with any other Proposer or potential Proposer regarding prices, terms, or conditions of the offer, or with the intention of restricting competition.

22.3. All Proposers and have an affirmative duty to reveal if it/they have any professional or personal relationship with any other Proposers that provide a Proposal on a solicitation and that the duty to reveal such a relationship continues to run throughout the period of solicitation all the way up through the recommended award and ultimate award of the solicitation.

22.4. By submitting a Proposal, the Proposer certifies that the Proposal is made without collusion, fraud, or any connection with any other Proposer submitting a proposal for the same work, and that the Proposer has not offered or received any inducement or advantage in connection with their Proposal. Failure to comply with this provision may result in disbarment from future contracting opportunities with Collier County.

23. 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 Proposals, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause.

24. GRANT COMPLIANCE (if applicable)

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. The Proposer agrees to include with the Proposal submission all the completed and fully executed Grant documents provided as an attachment to the RFP.

25. PUBLIC ENTITY CRIME

A person or affiliate who has been placed on the convicted Proposer list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or Proposer under a contract with any public entity;

and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Proposer list.

26. RESERVED RIGHTS

The Procurement Services Division Director or designee may, after opening, request additional information or clarification by the Proposer.

The Procurement Services Division Director or designee may waive or accept minor irregularities and technicalities, request additional information or clarifications in a response and allow correction thereof when such actions are deemed to be in the best interest of the County and do not conflict with the basic principles of fair and open competition.

27. PROTESTS PROCEDURES

27.1. Any Proposer who alleges to be aggrieved in connection with the solicitation or award of a contract, may protest to the Procurement Services Director, who shall serve as the sole receipt of the any and all notices of intent to protest and all formal protests.

27.2. With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision.

27.3. Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award.

27.4. All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar business days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee.

27.5. Complete instructions for formal protest are set forth in the Procurement Ordinance.

28. ADDITIONAL ITEMS AND/OR SERVICES

Additional items and/or services may be added to the awarded contract, or purchase order, in compliance with the Procurement Ordinance.

29. PROPOSER PERFORMANCE EVALUATION

The County has implemented a Proposer Performance Evaluation System for all contracts awarded in excess of $25,000.

The County reserves the right to take into consideration Proposer’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work.

30. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS

All Proposer 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 Proposers will be required to adhere to IT policies for access to the County network. Proposers 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.

31. PROPOSAL AWARD PROCESS

31.1. Award shall be made in a manner consistent with the County’s Procurement Ordinance.

Award recommendations will be posted on the Collier County Procurement Services Online Bidding system Online Bidding system website: https://procurement.opengov.com/portal/collier-county-fl.

31.2. The selected Proposer may be required to sign a standard Collier County contract or accept the County’s Purchase Order terms and conditions to serve as a formal contact.

31.3. The resultant contract(s) may include purchase or work orders issued by the County’s Project Manager (a/k/a Contract Administrative Agent).

31.4. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents or agree to any exceptions to the County’s terms and conditions provided by the Proposer.

31.5. The County’s Project Manager shall coordinate with the Proposer / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work.

32. PUBLIC RECORDS COMPLIANCE

32.1. Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows:

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING

TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS AT:

Communications, Government & Public Affairs Division 3299 Tamiami Trail East

Suite 102 Naples, FL 34112-5746

Telephone: (239) 252-8999

32.2. The Contractor must specifically comply with the Florida Public Records Law to:

32.2.1. Keep and maintain public records required by the public agency to perform the service.

32.2.2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

32.2.3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency.

32.2.4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records.

All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

33. PAYMENT METHOD

Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include purchase order number and description and quantities of the goods or services provided per instructions on the County’s purchase order or awarded contract. Invoices shall be emailed to: bccapclerk@collierclerk.com.

33.1. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under the agreement.

33.2. In instances where the successful Proposer 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.

33.3. 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.

34. SURVIVABILITY

The Proposer agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of the award Agreement until the completion or termination.

35. ENVIRONMENTAL HEALTH AND SAFETY

35.1. All Proposers and Sub Proposers 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.

Proposers and Sub Proposers 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.

35.2. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Proposer’s work operations. This provision is non-negotiable by any department and/or Proposer.

35.3. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer.

35.4. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.

36. POLLUTION PREVENTION

The Proposer is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately.

37. DEDUCTION FOR NON-PERFORMANCE

The County reserves the right to deduct a portion of any invoice for goods not delivered or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Proposer the costs necessary to correct the deficiencies directly related to the Proposer’s non-performance.

38. 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.

Certification: The Proposer hereby agrees to comply with the instructions above, the Procurement Ordinance and Procurement Manual by submission of a Proposal.