Request for Proposal 19 7535 At Everglades Airport

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SSuubbmmiitttteedd bbyy:: Enterprise Leasing Company of Florida, LLC

d/b/a Enterprise Rent‐A‐Car

March 29, 2019

Enterprise Leasing Company of Florida, LLC d/b/a Enterprise Rent-A-Car

Request for Proposal Solicitation 19-7535 Car Rental Concessionaire

Marco Island Executive Airport

TTAABBLLEE OOFF CCOONNTTEENNTTSS

1. Cover Letter/Management Summary

2. Certified MBE 3. Business Plan 4. Experience and Capacity

A. Reference Questionnaires

5. Team Expertise

6. Form 7 Local Vendor Preference Affidavit

B. Collier County Business Tax License C. Attachment to Form 7 D. Florida Qualification Filings (Original and Current)

7. Form 2 Vendor Check List

8. Form 3 Conflict of Interest Affidavit 9. Form 4 Vendor Declaration Statement 10. Form 5 Immigration Affidavit Certification

E. Immigration Law Affidavit Certification * Section 34, Pages 11-12

11. Form 6 Vendor Substitute W – 9 12. E-Verify Documents 13. Signed Addenda 14. Insurance and Bonding Requirements

Enterprise Leasing Company of Florida, LLC 1905 Boy Scout Drive | Fort Myers, FL 33907

Phone 239-275-3393 | Fax 239-275-4204

March 29, 2019 Kristofer Lopez, Procurement Strategist Collier County Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 Naples, FL 34112 Re: Response to Request for Proposals (RFP), Solicitation 19-7535, Car Rental Concessionaire at Marco Island Executive Airport, Immokalee Regional Airport and Everglades Airport Dear Mr. Lopez: The undersigned, on behalf of Enterprise Leasing Company of Florida, LLC d/b/a Enterprise Rent-A-Car (“Proposer”) is pleased to submit for your consideration our proposal for the rental car concession at Marco Island Executive Airport, Immokalee Regional Airport and Everglades Airport. Enterprise Holdings, Inc., the parent company of Proposer, and its affiliate Enterprise Fleet Management together offer a total transportation solution. With annual revenues of over $24.1 billion, Enterprise Holdings and its affiliates own 2 million cars and trucks, making Enterprise Holdings the largest car rental service provider in the world measured by revenue and fleet. Enterprise Holdings – through its integrated global network of independent regional subsidiaries and franchises – operates the Enterprise Rent-A-Car brand. Enterprise Holdings has been profitable every year since it was founded in 1957, has the lowest debt-to-equity ratio and is the only investment-grade company in the U.S. car rental industry. In total, the annual revenues of Enterprise Holdings and Enterprise Fleet Management rank near the top of the global travel industry, ahead of many airlines and most cruise lines, hotels, tour operators and online travel agencies. These combined revenues make Enterprise Holdings one of the largest private-held companies in the U.S. and, if it were a public company, Enterprise Holdings would rank on Fortune's list of the 500 largest American public companies. Enterprise Rent-A-Car is an internationally recognized brand known for exceptional value, neighborhood convenience, and outstanding customer service, including picking up local customers at no extra cost. Most recently it has rapidly expanded its branded operations at airports and transport hubs across the globe with more than 7,800 locations throughout North America, Central America, South America, the Caribbean, and Europe, as well as parts of Asia-Pacific and the Middle East; including more than 5,800 fully staffed neighborhood and airport branch offices located within 15 miles of 90 percent of the U.S. population. Enterprise Rent-A-Car considers customer satisfaction its number one priority in conducting business. In the most recent 2018 J.D. Power and Associates North American Rental Car Satisfaction StudySM, Enterprise Rent-A-Car ranked first in customer satisfaction among airport rentals. In fact, Enterprise Rent-A-Car has ranked highest in customer satisfaction the last 18 years according to the study, which surveys leisure and business travelers who rented vehicles at North American airports. Proposer wishes to acknowledge its commitment to execute the Concession Agreement if selected, and further acknowledges receipt of all issued addenda to the RFP.

ENTER PR ISEHOLDINGS.

I Should you need any additional infonnation or clarification of any aspect of this bid. -nterprise

please do not hesitate to contact the undersigned at 239-275-3393 or [email protected].

We look forward to a successful business relationship and the opportunity to continue our service at the Marco Island Executive Airport, Immokalee Regional Airport and Everglades Airport.


Peter Dulac, Vice President/General Manager

Enterprise Leasing Company ofFlorid11, LLC 190S Boy Scout Drive j Fort Myers, FL 33907

Phone 239-27S-3393 Fax 239-27S-4204

Enterprise Leasing Company of Florida, LLC d/b/a Enterprise Rent‐A‐Car

Request for Proposal Solicitation 19‐7535 Car Rental Concessionaire


CCeerrttiiffiieedd MMBBEE Proposer does not qualify as a Minority Business Enterprise, and therefore is not MBE

certified.




BBuussiinneessss PPllaann Proponent’s proposed operations at the Marco Island Executive Airport, Immokalee Regional Airport and Everglades Airport will provide our mutual customers with many benefits. Based on Proponent’s success in other airport markets in the region, we have identified the unique ways in which our customers, and thereby the Airport, will benefit from having Proponent as a long‐term and trusted business partner. These benefits will be realized through Proponent’s provision of the following services: Vehicles Age and Availability On average, Proponent’s rental vehicles are less than thirteen (13) months old. At Immokalee Regional Airport and Everglades Airport, Proposer will provide limited, “on‐demand” service. With locations in the region and the unique ability to move cars from our other locations to the Marco Island Executive Airport during periods of peak demand, we are confident in our ability to meet the demands of customers at the Airport. In times of slow demand, Proponent can reverse this system and move cars back to our other offices, thereby reducing congestion. We purchase approximately 95% of our fleet and limit buybacks to approximately 5%. Unlike a buyback, ownership brings the advantage of controlling when we choose to sell the vehicle. Stated another way, buybacks have a specific time period when the vehicles must be returned. If demand spikes, buybacks don’t offer the flexibility to add fleet. Couple these benefits with solid investment grade ratings from Standard & Poor’s of A‐ and Moody’s of Baa1, and the autonomy of our local management to make purchase decisions, Proponent has the unparalleled ability to handle rental car demand spike at the Airport. This is certainly made easier by our vast network of non‐franchised stores. Another benefit is that Proponent has the ability and privilege to order vehicles directly from most automotive manufacturers, including the big three domestic manufacturers – General Motors, Ford and Chrysler. This is due to our long‐standing relationships with these manufacturers and the over one million annual rental units we purchase to supply our North American teams. The benefit is that we are able to take timely delivery of vehicles, including new product designs. In many cases, we are fortunate to take delivery of new product earlier than even most auto dealerships. The result is that our customers have the ability to drive current model years, including new product designs.




Preventative Maintenance and Cleaning In order to keep rental vehicles in proper working condition, Proponent schedules periodic maintenance as recommended by the vehicle manufacturer. A computerized rental fleet program monitors preventive maintenance needs based on manufacturer recommended intervals for the completion of the recommended service for each vehicle. At these pre‐determined mileage intervals, the rental computer system flags each vehicle for such preventative maintenance. Various employees monitor this system. The majority of the service work is outsourced to local authorized dealerships and independent service vendors, although some maintenance is performed at our service centers. All mechanical repairs performed internally (other than oil changes and tire replacements) are completed by certified technicians. All body work is performed by certified body shops. Proponent’s employees who clean rental vehicles are formally trained on our standards for cleaning vehicles, and the steps to be taken to provide a clean vehicle for each rental. Those steps include that the interior of the vehicle is vacuumed, including floors, floor mats, cloth seats, between doorjambs and seats, and between the console and seats. The trunk is vacuumed as well. All windows and mirrors are cleaned and all other “hard” interior items (e.g. dashboard, instrument panel, cup holders, vinyl/leather seats, etc.) are wiped down. Car deodorizer is to be utilized if necessary. The exterior of the vehicle is washed and rinsed (weather dependent) and the mirrors are to be cleaned. Customer Service Customer service is the driving force behind our business. In fact, our mission statement states, “…our success at satisfying customers and motivating employees will bring growth and long‐term profitability.” As a privately‐held company, we are able to make long term decisions that will positively impact our customers and employees with our eye on long term growth and profitability. That is why we have invested hundreds of millions of dollars in monitoring and measuring customer satisfaction at thousands of our individual locations. To ensure that our ability to provide superior customer service is never compromised, our management teams at each location are given an SQi (Service Quality index) score. The SQi score hinges on two simple words: completely satisfied. To obtain this score, we use an independent third party called Maritz to call upon hundreds of thousands of customers each month to ensure each store has a large enough sample of surveys to legitimately score the location. Maritz asks each customer one simple question: Please rate your level of satisfaction on your last rental: Completely satisfied Credit Somewhat satisfied 0 Neither satisfied nor dissatisfied 0




Somewhat dissatisfied 0 Completely dissatisfied 0 Each store location earns a ranking based on the percentage of its customers who say they were completely satisfied. Unlike other companies, we will only credit the calls that are classified in the “completely satisfied” category. This is important because completely satisfied customers are far more likely to be repeat customers. We call this ranking "Top Box" and that is the standard of excellence we set for ourselves when we work with our customers. “Top Box” performance is important for two reasons:

Completely satisfied customers are far more likely to be repeat customers. Through the SQi ranking system, we can link our employees’ advancement within the

company directly to the goal of providing consistently superior service to each and every customer.

SQi is one of many ways that we remind ourselves to put customers’ needs first. The result has been millions of satisfied customers, thousands of successful employees and a company that just keeps growing. Reservation System Proponent has a nationwide reservation system through which customers can reserve vehicles through their own travel agent or they can contact our toll‐free number – 1‐800‐736‐8227 – to book reservations at all of our North American and international locations. Proponent is focused on remaining on the cutting edge of technology and we offer easy to use web site – www.enterprise.com – to book local, national, regional and international reservations. In addition, Proponent has completed technology enhancements with each of the Global Distribution Systems, providing the highest level of connectivity with each. This allows travel agents and online consumers to receive real time rates and availability. We are dedicated to continuing to grow and market our business through the internet. In addition, Proponent is also listed as a car rental company option on all major internet travel sites. Telephone Reservations Enterprise Holdings operates two 24‐hour, 365‐days‐a‐year contact centers in St. Louis, Missouri and Eugene, Oregon, that process requests for services, facilitate reservations, and oversee billings and receivables. Our dedicated team processes over 22 million calls annually. Reservation Agents receiving telephone requests quote current rates, verify locations and hours of operation, and advise renters of vehicle pick up and drop off locations. Credit card numbers




are not required at the time of reservation. A confirmation number will be provided at the time of reservation, and a confirmed reservation will be held for a minimum of 2 business hours after the scheduled arrival time. Roadside Assistance Our contact center agents are trained to help those renters in the unfortunate instance of lost keys or a vehicle malfunction, such as flat tires, accidents and mechanical failure. In the event of vehicle malfunction, agents utilize resources from rental locations, vehicle manufacturers and a third‐party automobile club to assist renters and help them get back on the road. Renters are provided with the contact number on the back of the rental contract. Driver Assistance In the event that trip interruption requires overnight accommodations, our contact center agents will arrange lodging, meals and/or alternate transportation if necessary. The renter will be responsible for all expenses incurred, subject to reimbursement or direct payment at the discretion of authorized company personnel. Hours of Operation Proponent’s hours of operation will be as set forth by the Airport and will be adjusted based on customer needs and flight times but no less than a minimum of those set forth in accordance with the Concession Lease. Hours of operation can be adjusted as needed. Proponent is committed to remaining flexible to meet the needs of customers and the Airport. Physical Plan of Premises Proponent maintains high quality, state‐of‐the‐art facilities and equipment at all of our airport locations. It is our goal and objective that our customer touch points look better than our competitors. We have an outstanding record of investing in facilities that best represent us and the airports where we operate, and the same will hold true at the Airport. We adhere to a comprehensive set of corporate policies and standards set forth by our parent company relating to décor, trade dress, equipment, and fixtures to ensure continuity of the customer experience. All signage and displays will meet Proponent’s current corporate standards and will be continually monitored to ensure they are professional in appearance and appropriately maintained to promote a positive customer experience. We conduct our business in a first‐class manner in accordance with good business practices and adhere to only the highest standards of excellence and ethics in order to provide the highest level of service to all customers. Proponent’s proposed operation will be compatible with and will complement the overall design of the Airport and will operate within the Airport’s current design. Should the Airport physical plan change with regard to rental car operations, we will work in tandem with Airport staff to accommodate any such physical plan changes.




Our on‐site operation will consist of general office equipment such as computers, printers, phones and kiosks required for daily business operations and to ensure proper and efficient service for our customers. Proponent will in no way restrict passenger‐processing operations through unusual demands on the structure, services or physical plan of the building or parking structure. Proponent will, as may be required, perform regular maintenance and cleaning of its assigned premises and will at all times comply with any such requirements as outlined in the Lease. On‐site staff will have primary responsibility for daily cleaning and maintenance requirements. On‐site management will oversee and ensure that the assigned premises are being appropriately maintained by conducting daily and routine inspections. We operate within a strict code of business ethics which requires us to meet all applicable codes, regulations and laws, including compliance with all fire, safety and airport specific codes at the Airport. Proponent affirms that the proposed operation will comply with all fire and safety codes, as well as all other applicable regulations. Credit Cards Proponent, for the convenience of our customers, accepts all major credit cards, including those listed below, and also accepts as payment U.S. currency per applicable exchange rates:

American Express Carte Blanche Diners Club Discover Card JCB MasterCard Visa




EExxppeerriieennccee aanndd CCaappaacciittyy

Enterprise Leasing Company of Florida, LLC (“Proposer”) has almost 43 years of direct experience operating a large rental car business, having been in operation since 1976. At airports, Proposer has over 23 years’ operational experience, having opened its first airport rental car operation at Florida Keys/Marathon International Airport in 1996. Proposer is a wholly owned subsidiary of Enterprise Holdings, Inc., a Missouri corporation founded in St. Louis, Missouri in 1957 by the late Jack Taylor, former Chairman Emeritus. Jack’s underlying philosophy of business was to focus on the needs of customers, providing a top-quality product at a fair price, and to build a lasting relationship with each customer, account and supplier. Enterprise Holdings owns and operates – through its regional subsidiaries – the Enterprise Rent-A-Car brand, which together serve more than 95 percent of the worldwide car rental market and continue to grow. What makes us unique and sets us apart from our competition is our longevity and strengths in the industry, and being a private, family-owned company for over 60 years. Founded in 1957, Enterprise Rent-A-Car is an internationally recognized brand known for exceptional value and outstanding customer service, including picking up local customers at no extra cost. Enterprise pioneered and developed the significant market for convenient, affordable rentals right in the neighborhoods where customers live and work. That market segment began as a vehicle replacement business for consumers whose vehicles needed repair and, under the Enterprise Rent-A-Car brand, has grown into a home-city business that is larger than any other rental car company, having thousands of locations within 15 miles of 90 percent of the U.S. population. Enterprise Rent-A-Car has a significant presence in the airport marketplace servicing all 100 of the top 100 U.S. rental car markets and operates “in-terminal” at more than 290 airports. Enterprise Rent-A-Car specializes in renting vehicles to customers who:

• Need a car rental at the airport • Need a car because of an accident, mechanical repair, or theft • Want to take a short business or leisure trip or who need a different car for a special

occasion • Need a car in town for business purposes

With over 43 years of direct experience operating a large rental car business, and over 60 years of solid parent company growth in the rental car industry, Proposer is well-qualified to offer rental car services to the traveling public at the Airport.




Key Personnel The following individuals comprise the management team for the Marco Island Executive Airport.

• Peter Dulac – Vice President/General Manager • Jason Ellis – Controller • Drew Ebersole – Business Rental Sales Executive • Brennan Hyer – Branch Rental Manager

In addition to operations at Marco Island, Immokalee and Everglades airports, this team has a proven record of success on other projects such as on-airport rental car concessions at:

• Sarasota-Bradenton International Airport • Southwest Florida International Airport (Fort Myers) • Punta Gorda Airport • Naples Municipal Airport

Please refer to TTeeaamm EExxppeerrttiissee on the following page for more detailed information.

Reference Questionnaire

Solicitation:

Reference Questionnaire for:

(Name of Individuals Requesting Reference Information)

Name: (Evaluator completing reference questionnaire)

Company: (Evaluator’s Company completing reference)

Email: FAX: Telephone:

Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.”

Project Description: ___________________________ Completion Date: _____________________________

Project Budget: _______________________________ Project Number of Days: _______________________

Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope).

2 Ability to maintain project schedule (complete on-time or early).

3 Quality of work.

4 Quality of consultative advice provided on the project.

5 Professionalism and ability to manage personnel.

6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.)

7 Ability to verbally communicate and document information clearly and succinctly.

8 Ability to manage risks and unexpected project circumstances.

9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.

10 Overall comfort level with hiring the company in the future (customer satisfaction).

TOTAL SCORE OF ALL ITEMS

19-7535

Enterprise Leasing Company of Florida, LLC d/b/a Alamo, Enterprise, National (Name of Company Requesting Reference Information) Alisha Tillman, Director - Airport Properties and Relations

Benjamin SiegelLee County Port Authority / SW Florida International Airport & Page Field

[email protected] (239) 590-4500

10

10

10

10

10

N/A

N/A

N/A

N/A

10

60

On-Airport Rent-A-Car Concession

N/A

N/A - Perpetual (MTM) while negotiating

N/A - MTM

239-590-4539


Solicitation:











3 Quality of work.









19-7535


Ron Mallard Punta Gorda Airport (PGD)

[email protected] 941.639.1101 ext: 116

9

8

9

8

10

N/A

N/A

N/A

N/A

Rental Car Concession Agreement 11/30/2021 with option through 2026

N/A 5 years with 5 year option

8

52

941.743.1384


Solicitation:











3 Quality of work.









19-7535


N/A

N/A

10

N/A

10

N/A

10

10

10

1060

Joseph FilippelliSarasota Bradenton International Airport

[email protected] 941-359-2770, ext. 4214

Rental Car Concession 9/30/2019 - expect to continue

N/A To be determined

941-359-5055




TTeeaamm EExxppeerrttiissee Contract Team │ Resume Biographies

Proposer is locally managed by Peter Dulac, Vice President/General Manager. Mr. Dulac oversees Proposer’s rental car branches and airport operations in Southwest Florida, including Marco Island Executive Airport. A proven leader within the highest ranks of the Company, Mr. Dulac has over 23 years of experience with the Company. Jason Ellis is Proposer’s Controller and oversees all revenue reporting and accounting functions, including airport operations. Mr. Ellis is a financially responsible professional with over 16 years of experience with the Company. Drew Ebersole is Proposer’s Business Rental Sales Executive. With over 10 years of experience with the Company, Mr. Ebersole has exceled at developing and advancing the valuable business relationships with many of our business partners, including the Airport, thereby contributing to the success of many of our branch operations. Proposer’s Airport operation will be directly supervised by Brennan Hyer, Branch Rental Manager. With over 5 years of experience with the Company, Mr. Hyer has a proven record of leadership and customer service in our core business and is well‐experience in our industry to handle the oversight of operations at the airports Proposer serves, including at Marco Island Executive Airport.

~9UHtY ~SeM»t,~ ~ s..-OMsa,

Form 7: Vendor Submittal- Local Vendor Preference Affidavit

(Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business}

Gd' Collier County @°Lee County

Vendor affinns that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XV of the Collier County Procurement Ordinance:

Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other nonpermanent structure 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 Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier 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. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section.

Vendor must complete the following information:

Year Business Established in ~Collier County or G:;J'Lee County: 1982 and 1981 respectively

Number ofEmployees (Including Owner(s) or Corporate Officers): approx. 5200

Number of Employees Living in & Collier County or ~Lee (Including Owner(s) or Corporate Officers):88 and 512 respectively 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: Enterprise Leasing Company of Florida, LLC Date: March 22, 2019

Address in Collier or Lee County: 1905 Boy Scout Drive, Fort Myers, FL 33907

s;g-re~ £7 ~rac~

Title: Vice President/General Manager

I ~-

COLLIER COUNTY BUSINESS TAX BUJ INESSTAXNUMBER: COLLIER COUNTY TAX COLLECTOR· 2800 N. HORSESHOE DRIVE· NAPLES FLORIDA 34104 • (239) 252-2477

VISIT OUR WEBSITE AT: www.colllertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2019

LOCATION: 717 BALD EAGLE DR #1-C ZONED. C-4/M120 BUSINESS PHONE: 813-887-4299 ST ATE OR COUNTY UC #;

2-5 EMPLOYEES CLASSIFICATION: AUTO/MOTORCYCLE RENTA

DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS.

ENTERPRISE LEASING COMPANY OF FLORI

ENTERPRISE RENT A CAR NTERPRISE LEASING COMPANY OF 905 BOY SCOUT DR T. MYERS, FL 33907

-THIS TAX IS NON-~EFUNOABLE-DATE 08/09/2018 AMOUNT 22.00 RECEIPT 502-19-00048906

,L_~~ ~~




AAttttaacchhmmeenntt FFoorrmm 77 LLooccaall VVeennddoorr PPrreeffeerreennccee

Proposer has business locations and employs hundreds of employees in both Collier and Lee

Counties. Proposer consistently has employment opportunities in both counties, thereby

contributing to the local economic development and tax base of those counties (refer to Collier

County business tax license on previous page).

5105 JOHNSON ROADCOCONUT CREEK, FL 33073

Current Principal Place of Business:

Current Mailing Address:

600 CORPORATE PARK DRIVESAINT LOUIS, MO 63105 US

Entity Name: ENTERPRISE LEASING COMPANY OF FLORIDA, LLC

DOCUMENT# M09000003003

FEI Number: 59-1664426 Certificate of Status Desired:

Name and Address of Current Registered Agent:

C T CORPORATION SYSTEM1200 SOUTH PINE ISLAND ROADPLANTATION, FL 33324 US

The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.

SIGNATURE:

Electronic Signature of Registered Agent Date

Authorized Person(s) Detail :

I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered.

SIGNATURE:

Electronic Signature of Signing Authorized Person(s) Detail Date

FILEDJun 07, 2018

Secretary of StateCC7839004477

RICK SHORT MANAGER 06/07/2018

2018 FOREIGN LIMITED LIABILITY COMPANY AMENDED ANNUAL REPORT

No

Title MANAGER

Name SHORT, RICK A.

Address 600 CORPORATE PARK DRIVE

City-State-Zip: SAINT LOUIS MO 63105

Title MANAGER

Name NICHOLSON, PAMELA M.



Title VP

Name DULAC, PETER

Address 1905 BOY SCOUT DRIVE

City-State-Zip: FORT MYERS FL 33907

Title VP

Name MOORE, KEVIN

Address 3505 E FRONTAGE STREETSUITE 200

City-State-Zip: TAMPA FL 33607

Title MANAGER

Name TAYLOR, ANDREW C.



Title PRESIDENT

Name LEVINE, ALAN

Address 5105 JOHNSON ROAD

City-State-Zip: COCONUT CREEK FL 33073

Title VP

Name LAMONTE, DAVID

Address 11034 ATLANTIC BLVD

City-State-Zip: JACKSONVILLE FL 32225

State of FloridaDepartment of State

I certify from the records of this office that ENTERPRISE LEASINGCOMPANY OF FLORIDA, LLC is a Delaware limited liability companyauthorized to transact business in the State of Florida, qualified on August 4,2009.

The document number of this limited liability company is M09000003003.

I further certify that said limited liability company has paid all fees due thisoffice through December 31, 2018, that its most recent annual report was filedon June 7, 2018, and that its status is active.

I further certify that said limited liability company has not filed a Certificate ofWithdrawal.

Given under my hand and theGreat Seal of the State of Floridaat Tallahassee, the Capital, thisthe Sixth day of March, 2019

Tracking Number: 6928133764CU

To authenticate this certificate,visit the following site,enter this number, and thenfollow the instructions displayed.

https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication

https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication

Solfcilallon 19-7535

Form 2: Vendor Check List

IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal.

Vendor should check off each of the following items as the necessary action is completed:

51( The Solicitation Submittal has been signed. Not applicable,

lfilA The Solicitation Pricing Document (Bid Schedule/Quote Schedule/etc.) has been completed and attached. no form provided in this Solicitation

~ All applicable fonns have been signed and included, along with licenses to complete the requirements of the project.

is( Any addenda have been signed and included.

&1' Affidavit for Claiming Status as a Local Business, if applicable.

62( Division of Corporations - Florida Department of State - http://dos.mytlorida.com/sunbiz/ (If work performed in the State).

IS( E-Verify/lmmigration Affidavit (Memorandum of Understanding).

ALL SUBMITT ALS MUST HA VE THE SOLICITATION NUMBER AND TITLE

Name of Finn: Enterprise Leasing Company of Florida, LLC

Address: 1905 Boy Scout Drive

City, State, Zip: Fort Myers, FL 33907

Telephone: 239-275-3393

Email:

Representative Signature:

Representative Name:

Peter.Dulac~:

.... P...ae=te"'"'r"""D .... u .... 1 .... a ..... c..._,f-.... i .... c ___ e...:.~....;.r=es=i=d=e=n=t/ ___ Date March 22, 2019 General Manager

2/21/2019 7:37 AM p. 21

Solicitation 19-7535

Fonn 3: Conflict of Interest Affidavit

The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below:

Biased ground rules - The finn has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or perfonning systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my finn.

Impaired objectivity - The finn has not perfonned work on an affiliated past or current Collier County project identified above to evaluate proposals / past perfonnance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government.

Unequal access to information - The finn has not had access to nonpublic infonnation as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts.

In addition to this signed affidavit, the contractor I vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned

project; and, 2. Indicate if the infonnation produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in

the "sunshine") conversation (s), meeting(s), document(s) and/or other means.

Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s).

By the signature below, the finn (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict.

Finn: Ente

Print Name: Peter Du.tac

Title of Signatory: Vice President/General Manager

2/21/2019 7;37 AM p.22

BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112

Dear Commissioners:

Sollcitallon 19-7535

Form 4: Vendor Declaration Statement

The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud.

The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a fonnal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub-vendor for any future associated with work that is a result of this awarded contract.

IN WITNESS WHEREOF, WE have hereunto subscribed our names on this __ day of_.M=a=r..,,c=h._ _ _,, 2019 in the County of Lee in the State of Florida

Finn's Legal Name:

Address:

City, State, Zip Code:

Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded

Telephone:

Signature by: (Typed and written)

Title:

2/21/2019 7:37 AM

Enterprise Leasing Company of Florida, LLC

1905 Boy Scout Drive

Fort Myers, FL 33907

M09000003003

59-1664426

N/A

239-275-3393

Peter Dulac, Vice President/General Manager

p. 23

Additional Contact Information

Send payments to:

(required if different from

above) Company name used as payee

Contact name:

Title:

Address:

City, State, ZIP

Telephone:

Email:

Office servicing Collier

County to place orders

(required if different from

above)

Contact name:

Title:

Address:

City, State, ZIP

Telephone:

Email:

Solicitation 19-7535Collier County

2/21/2019 7:37 AM p. 24

All information is same as previous page.

717 Bald Eagle Drive, #1-C, Marco Island, FL 34145

Brennan Hyer

Branch Rental Manager

717 Bald Eagle Drive, #1-C

Marco Island, FL 34145

239-642-4488

[email protected]

TAB 10

Solicitation 19-7535

Form 5: Immigration Affidavit Certification

This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors 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 proposal. Acceptable evidence consists ofa 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•s proposal as nonresponsive.

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 proofofenrollment 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 proposal.

Company Name

Print Name

Signature

State of Florida

Enterprise Leasing Company of Florida, LLC

Peter Dulac ~ Title Vice President/General Manager

Date March 22, 2019

County or....;L=.e.;::..;:.e ____ _

The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made.

2/21/2019 7:37 AM p. 2:5

5

6

INSTRUCTIONS TO PROPOSERS

1. QUESTIONS

1.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System

website: https://www.bidsync.com/bidsync-cas/ .

1.2 Proposers 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. For general questions,

please call the referenced Procurement Strategist noted on the cover page.

2. PRE-PROPOSAL CONFERENCE

2.1 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 vendors having an equal opportunity to hear and participate.

Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only

written responses to written questions will be considered official, and will be included as part of the RFP as an

addendum.

2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal

conference for this solicitation. If this pre-proposal conference is denoted as “mandatory” , prospective Vendors

must be present in order to submit a proposal response.

3. COMPLIANCE WITH THE RFP

Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in

disqualification.

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

It is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other

error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and

request modification or clarification of the document prior to submitting the proposal. The Procurement Professional

will make modifications by issuing a written revision and will give written notice to all parties who have received this

RFP from the Procurement Services Division.

5. PROPOSALS, PRESENTATIONS, AND PROTEST COSTS

The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in

response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations,

or, if applicable, any protest procedures.

6. 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.

7. METHOD OF SOURCE SELECTION

7.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as

authorized by Ordinance Number 2017-08, establishing and adopting the Collier County Procurement Ordinance.

7.2 If the County receives proposals from less than three (3) firms, the Procurement Director 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.

8. EVALUATION OF PROPOSALS

8.1 The County’s procedure for selecting is as follows:

8.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.

8.1.2 The Request for Proposal is issued.

8.1.3 Subsequent to the receipt closing date for the proposals, 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.

8.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services

Division.

8.1.5 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 one (1) day advanced

notice.

8.1.6 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 Score and Rank

Form and prepare comments for discussion at the next meeting. The Individual Selection Committee

Score and Rank Form is merely a tool to assist the selection committee member in their review of the

proposals.

8.1.7 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.

8.1.8 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.

8.1.9 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 short listing 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.

8.1.10 The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank

of one (1) to the lowest) 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.

8.2 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.

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

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

9. REFERENCES

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

10. RESERVED RIGHTS

Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive

minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all

or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced

requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive

and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the

right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms

and conditions in the sole interest of the County unless otherwise provided by law.

11. INSURANCE AND BONDING REQUIREMENTS

11.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly

authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this

solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to

the full insurable value of the scope of work.

11.2 The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design

Vendor, 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 Vendors and Subcontractors and shall require each of them to include similar waivers in their

contracts.

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

11.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on

behalf of Collier County.”

11.5 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.

11.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of

Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For

any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows:

Collier County Board of County Commissioners

Naples, Florida

11.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance

and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their

equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum

required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self-

insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such

obligations. All self- insured retentions or deductibles will be Vendor ’s sole responsibility.

11.8 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.

11.9 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.

11.10 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.

11.11 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.

12. ADDITIONAL ITEMS AND/OR SERVICES

Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the

Procurement Ordinance.

13. COUNTY ’S RIGHT TO INSPECT

The County or its authorized Agent shall have the right to inspect the Vendor ’s facilities/project site during and

after each work assignment the Vendor is performing.

The County reserves the right to take into consideration a vendor ’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. Past poor performance may result in the County deeming the vendor non-responsible and therefore

refraining from awarding such work.

14. VENDOR PERFORMANCE EVALUATION

The 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 this

Agreement.

15. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT

15.1 The selected Vendor shall be required to sign a standard Collier County contract.

15.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager.

15.3 The County reserves the right to include in any contract document such terms and conditions, as it deems

necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available

upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements

or other documents provided by the Vendor.

15.4 The County’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets,

including materials, supplies, and equipment associated with the scope or work.

16. PUBLIC RECORDS COMPLIANCE

16.1 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 D U T Y T O P R O V I D E P U B L I C R E C O R D S RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

Communication and Customer Relations Division

3299 Tamiami Trail East

Suite 102

Naples, FL 34112-5746

Telephone: (239) 252-8383

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

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

16.2.2 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.

16.2.3 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.

16.2.4 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.

17. WORK ORDERS ON FIXED TERM CONTRACTS

17.1 The County reserves the right to order such services from selected firms as may be required during said period,

but does not guarantee any minimum or maximum services to be ordered during the period specified from any

given firm. Work Order service assignments shall be at the sole discretion of the County.

17.2 Agreements issued that are determined to be “CONTINUING CONTRACTS” where services will be requested

by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners.

17.3 Should any project that is active on a work order extend past the contract termination date, that work order will

be active and extended as necessary until completion of such project.

18. PAYMENT METHOD

18.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida

Statutes. Vendor ’s invoices must include:

18.1.1 Purchase Order Number

18.1.2 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 East, Suite 700

Naples FL 34112

Or

Emailed to: [email protected]

18.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval

of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely

submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine

of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of

invoices under this agreement.

18.3 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.

18.4 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.

19. ENVIRONMENTAL HEALTH AND SAFETY

19.1 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.

19.2 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 Vendor’s work operations. This provision is non -

negotiable by any department and/or Vendor.

19.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc

Flash Studies where relevant as determined by the engineer.

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

labels.

20. POLLUTION PREVENTION

The vendor is required to implement industry relevant pollution prevention and best management practices. Should

pollution incidents occur, Collier County Pollution Control must be notified immediately.

21. LICENSES

21.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other

authorizations necessary to carry out and perform the work required by the project pursuant to all applicable

Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of

the required licenses must be submitted with the proposal response indicating that the entity proposing, as well

as the team assigned to the County account, is properly licensed to perform the activities or work included in the

contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to

deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an

occupational license.

21.2 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.

21.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community

Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required

occupational licenses, please contact the Tax Collector ’s Office at (239) 252-2477.

22. SURVIVABILITY

The Vendor 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 that Agreement until

the completion or termination.

23. PRINCIPAL/COLLUSION

By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested

in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has

any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with

any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without

collusion or fraud.

24. RELATION OF COUNTY

It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that

neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the

County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor,

their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or

corporation.

25. TERMINATION

Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County

may terminate this Agreement immediately for cause; further the County may terminate this Agreement for

convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event

that the award of this solicitation is made by the Procurement Services Director, the award and any resultant

purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded

vendor(s) pursuant to the Board ’s Procurement Ordinance.

26. LOBBYING

After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall

contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or

elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition

ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor

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

Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance

2017-08.

27. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501)

In order to be considered for award, firms must be registered with the Florida Department of State Divisions of

Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority

(www.sunbiz.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. 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.

28. SINGLE PROPOSAL

Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal

entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or

joint venture submitting as primary may not then act as a sub-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.

29. PROTEST PROCEDURES

29.1 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.

29.2 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.

29.3 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 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.

29.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 -

08. The protesting party must have standing as defined by established Florida case law to maintain a protest.

30. PUBLIC ENTITY CRIME

A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity

crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may

not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public

building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may

not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public

entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017

for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list.

31. SECURITY AND BACKGROUND CHECKS

31.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid

for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be

responsible for the costs of providing background checks by the Collier County Facilities Management Division

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.

31.2 All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges

at all times while performing services on County facilities and properties. Contractor ID badges are valid for one

(1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time

period in which their background check is valid, as discussed below. All technicians shall have on their shirts

the name of the contractor ’s business.

31.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL-

[email protected]) whenever an employee assigned to Collier County separates from their employment.

This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to

notify within four (4) hours of separation may result in a deduction of $500 per incident.

31.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be

coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for

all costs.

32. CONFLICT OF INTEREST

Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure

of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify

a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations

during contract selection and execution.

33. 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.

34. IMMIGRATION LAW AFFIDAVIT CERTIFICATION

34.1 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.

34.2 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 Request for Professional Services (RFP) and construction services.

34.3 Exceptions to the program:

34.3.1 Commodity based procurement where no services are provided.

34.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners

34.4 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

Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The

affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the

acceptable E-Verify evidence and the executed affidavit the bidder ’s / Vendor ’s proposal may be deemed non-

responsive.

34.5 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.

34.6 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.

34.7 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.

Yes No

Certification: I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers

above.


2/21/2019 7:37 AM p. 11

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6

INSTRUCTIONS TO PROPOSERS

1. QUESTIONS

1.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System

website: https://www.bidsync.com/bidsync-cas/ .

1.2 Proposers 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. For general questions,

please call the referenced Procurement Strategist noted on the cover page.

2. PRE-PROPOSAL CONFERENCE

2.1 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 vendors having an equal opportunity to hear and participate.

Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only

written responses to written questions will be considered official, and will be included as part of the RFP as an

addendum.

2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal

conference for this solicitation. If this pre-proposal conference is denoted as “mandatory” , prospective Vendors

must be present in order to submit a proposal response.

3. COMPLIANCE WITH THE RFP

Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in

disqualification.

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

It is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other

error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and

request modification or clarification of the document prior to submitting the proposal. The Procurement Professional

will make modifications by issuing a written revision and will give written notice to all parties who have received this

RFP from the Procurement Services Division.

5. PROPOSALS, PRESENTATIONS, AND PROTEST COSTS

The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in

response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations,

or, if applicable, any protest procedures.

6. 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.

7. METHOD OF SOURCE SELECTION

7.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as

authorized by Ordinance Number 2017-08, establishing and adopting the Collier County Procurement Ordinance.

7.2 If the County receives proposals from less than three (3) firms, the Procurement Director 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.

8. EVALUATION OF PROPOSALS

8.1 The County’s procedure for selecting is as follows:

8.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.

8.1.2 The Request for Proposal is issued.

8.1.3 Subsequent to the receipt closing date for the proposals, 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.

8.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services

Division.

8.1.5 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 one (1) day advanced

notice.

8.1.6 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 Score and Rank

Form and prepare comments for discussion at the next meeting. The Individual Selection Committee

Score and Rank Form is merely a tool to assist the selection committee member in their review of the

proposals.

8.1.7 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.

8.1.8 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.

8.1.9 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 short listing 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.

8.1.10 The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank

of one (1) to the lowest) 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.

8.2 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.

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

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

9. REFERENCES

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

10. RESERVED RIGHTS

Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive

minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all

or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced

requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive

and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the

right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms

and conditions in the sole interest of the County unless otherwise provided by law.

11. INSURANCE AND BONDING REQUIREMENTS

11.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly

authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this

solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to

the full insurable value of the scope of work.

11.2 The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design

Vendor, 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 Vendors and Subcontractors and shall require each of them to include similar waivers in their

contracts.

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

11.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on

behalf of Collier County.”

11.5 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.

11.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of

Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For

any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows:

Collier County Board of County Commissioners

Naples, Florida

11.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance

and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their

equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum

required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self-

insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such

obligations. All self- insured retentions or deductibles will be Vendor ’s sole responsibility.

11.8 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.

11.9 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.

11.10 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.

11.11 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.

12. ADDITIONAL ITEMS AND/OR SERVICES

Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the

Procurement Ordinance.

13. COUNTY ’S RIGHT TO INSPECT

The County or its authorized Agent shall have the right to inspect the Vendor ’s facilities/project site during and

after each work assignment the Vendor is performing.

The County reserves the right to take into consideration a vendor ’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. Past poor performance may result in the County deeming the vendor non-responsible and therefore

refraining from awarding such work.

14. VENDOR PERFORMANCE EVALUATION

The 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 this

Agreement.

15. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT

15.1 The selected Vendor shall be required to sign a standard Collier County contract.

15.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager.

15.3 The County reserves the right to include in any contract document such terms and conditions, as it deems

necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available

upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements

or other documents provided by the Vendor.

15.4 The County’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets,

including materials, supplies, and equipment associated with the scope or work.

16. PUBLIC RECORDS COMPLIANCE

16.1 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 D U T Y T O P R O V I D E P U B L I C R E C O R D S RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

Communication and Customer Relations Division

3299 Tamiami Trail East

Suite 102

Naples, FL 34112-5746

Telephone: (239) 252-8383

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

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

16.2.2 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.

16.2.3 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.

16.2.4 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.

17. WORK ORDERS ON FIXED TERM CONTRACTS

17.1 The County reserves the right to order such services from selected firms as may be required during said period,

but does not guarantee any minimum or maximum services to be ordered during the period specified from any

given firm. Work Order service assignments shall be at the sole discretion of the County.

17.2 Agreements issued that are determined to be “CONTINUING CONTRACTS” where services will be requested

by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners.

17.3 Should any project that is active on a work order extend past the contract termination date, that work order will

be active and extended as necessary until completion of such project.

18. PAYMENT METHOD

18.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida

Statutes. Vendor ’s invoices must include:

18.1.1 Purchase Order Number

18.1.2 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 East, Suite 700

Naples FL 34112

Or

Emailed to: [email protected]

18.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval

of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely

submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine

of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of

invoices under this agreement.

18.3 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.

18.4 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.

19. ENVIRONMENTAL HEALTH AND SAFETY

19.1 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.

19.2 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 Vendor’s work operations. This provision is non -

negotiable by any department and/or Vendor.

19.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc

Flash Studies where relevant as determined by the engineer.

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

labels.

20. POLLUTION PREVENTION

The vendor is required to implement industry relevant pollution prevention and best management practices. Should

pollution incidents occur, Collier County Pollution Control must be notified immediately.

21. LICENSES

21.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other

authorizations necessary to carry out and perform the work required by the project pursuant to all applicable

Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of

the required licenses must be submitted with the proposal response indicating that the entity proposing, as well

as the team assigned to the County account, is properly licensed to perform the activities or work included in the

contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to

deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an

occupational license.

21.2 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.

21.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community

Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required

occupational licenses, please contact the Tax Collector ’s Office at (239) 252-2477.

22. SURVIVABILITY

The Vendor 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 that Agreement until

the completion or termination.

23. PRINCIPAL/COLLUSION

By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested

in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has

any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with

any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without

collusion or fraud.

24. RELATION OF COUNTY

It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that

neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the

County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor,

their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or

corporation.

25. TERMINATION

Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County

may terminate this Agreement immediately for cause; further the County may terminate this Agreement for

convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event

that the award of this solicitation is made by the Procurement Services Director, the award and any resultant

purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded

vendor(s) pursuant to the Board ’s Procurement Ordinance.

26. LOBBYING

After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall

contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or

elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition

ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor

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

Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance

2017-08.

27. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501)

In order to be considered for award, firms must be registered with the Florida Department of State Divisions of

Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority

(www.sunbiz.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. 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.

28. SINGLE PROPOSAL

Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal

entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or

joint venture submitting as primary may not then act as a sub-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.

29. PROTEST PROCEDURES

29.1 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.

29.2 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.

29.3 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 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.

29.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 -

08. The protesting party must have standing as defined by established Florida case law to maintain a protest.

30. PUBLIC ENTITY CRIME

A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity

crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may

not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public

building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may

not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public

entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017

for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list.

31. SECURITY AND BACKGROUND CHECKS

31.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid

for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be

responsible for the costs of providing background checks by the Collier County Facilities Management Division

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.

31.2 All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges

at all times while performing services on County facilities and properties. Contractor ID badges are valid for one

(1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time

period in which their background check is valid, as discussed below. All technicians shall have on their shirts

the name of the contractor ’s business.

31.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL-

[email protected]) whenever an employee assigned to Collier County separates from their employment.

This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to

notify within four (4) hours of separation may result in a deduction of $500 per incident.

31.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be

coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for

all costs.

32. CONFLICT OF INTEREST

Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure

of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify

a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations

during contract selection and execution.

33. 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.

34. IMMIGRATION LAW AFFIDAVIT CERTIFICATION

34.1 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.

34.2 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 Request for Professional Services (RFP) and construction services.

34.3 Exceptions to the program:

34.3.1 Commodity based procurement where no services are provided.

34.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners

34.4 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

Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The

affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the

acceptable E-Verify evidence and the executed affidavit the bidder ’s / Vendor ’s proposal may be deemed non-

responsive.

34.5 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.

34.6 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.

34.7 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.

Yes No

Certification: I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers

above.


2/21/2019 7:37 AM p. 12

TAB 11

Collier County

.sJ&eoMHey Solicitation 19-7535

,•,dmil~ ~s.--

Form 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) requires 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 EntererIse t10IaIngs, Inc. (as shown on income lax return) Business Name (if different from taxpayer name) Enterprise Leasing Company of Florida, LLC Address 1905 Boy Scout Drive City Fort Myers. FL

State Florida Zip 33907

- .. 239-27 5""3393 i::-..,ail Peter.Dulac®ehl.com

Order Information (Must be filled out) Remit/ Payment Information (Must be filled out)

Address 1905 Boy Scout Drive Address 1905 Boy Scout Drive

City Fort Myers State EL Zip 33907 City Fort Myers State FL Zip 33907

- - - . -- ···-·· . . . Email [email protected]

2. Company Status (check only one)

_Individual / Sole Proprietor I __ Corporation I _ Partnership

__ Tax Exempt (Federal income tax-exempt entity ....X. Limited Liability Company under Internal Revenue Service guidelines IRC

D 50l(c)3) Enter the tax classification m .., n; ' • Ji'Mtitu r ..- r, P • , w

..

3. Taxpayer Identification Number (for lax reporting purposes only)

Federal Tax Identification Number (TIN) ..:5:.:9=--__,1..,,6:.:,:6:..:4:..:4~2:.:6;..._ _________________ _

rovide a social securi

4.

ormation shown on this orm is correct to m know/ed: e. Date

-...::-i~=~~...,,,,-£--+-r-~...e:::;_--1-/_____ March 22, 2019

Title Vice President/General Manager

Phone Number 239-275-3393

2/21/2019 7:37 AM p.26

TAB 12

Employer

ENTERPRISE LEASING COMPANY OF FLORIDA LLC

Name (Please Type or Print)

ALAN LEVINE

Title

Signature

Electronically Signed

Date

February 26, 2019

E-Verify Employer Agent

Verify I-9, LLC


Robert Griggs

Title

Signature


Date

February 26, 2019

Department of Homeland Security - Verification Division

Name

USCIS Verification Division

Title

Signature


Date

February 26, 2019

Company ID Number:40133 Client Company ID Number:1384893

Page 1 of 1 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13

THE E-VERIFY

MEMORANDUM OF UNDERSTANDING

FOR EMPLOYERS USING AN E-VERIFY EMPLOYER AGENT

ARTICLE I

PURPOSE AND AUTHORITY

The parties to this agreement are the Department of Homeland Security (DHS), the ENTERPRISE LEASING COMPANYOF FLORIDA LLC (Employer), and the E-Verify Employer Agent. The purpose of this agreement is to set forth termsand conditions which the Employer and the E-Verify Employer Agent will follow while participating in E-Verify.

E-Verify is a program that electronically confirms an employee's eligibility to work in the United States aftercompletion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU)explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-VerifyEmployer Agent, the Social Security Administration (SSA), and DHS.

Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and ImmigrantResponsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. Section 1324a note). TheFederal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts.

ARTICLE II

RESPONSIBILITIES

A. RESPONSIBILITIES OF THE EMPLOYER

1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearlyvisible to prospective employees and all employees who are to be verified through the system:

A. Notice of E-Verify ParticipationB. Notice of Right to Work

2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers ofthe Employer representatives to be contacted about E-Verify. The Employer also agrees to keep suchinformation current by providing updated information to SSA and DHS whenever the representatives'contact information changes.

3. The Employer shall become familiar with and comply with the most recent version of the E-Verify UserManual. The Employer will obtain the E-Verify User Manual from the E-Verify Employer Agent.

4. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:A. 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)(B)) can bepresented during the Form I-9 process to establish identity.) If an employee objects to the photorequirement for religious reasons, the Employer should contact E-Verify at 1-888-464-4218.

B. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (EmploymentAuthorization Document), or U.S. Passport or Passport Card to complete I-Form I-9, the Employeragrees to make a photocopy of the document and to retain the photocopy with the employee's FormI-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review ofphoto mismatches that employees contest. DHS may in the future designate other documents thatactivate the photo screening tool.

Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right topresent any List A, or List B and List C, document(s) to complete the Form I-9.

5. The Employer agrees to record the case verification number on the employee's Form I-9 or to print thescreen containing the case verification number and attach it to the employee's Form I-9.



6. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility tocomplete, retain, and make available for inspection Forms I-9 that relate to its employees, or from otherrequirements of applicable regulations or laws, including the obligation to comply with the antidiscriminationrequirements of section 274B of the INA with respect to Form I-9 procedures.

A. The following modified requirements are the only exceptions to an Employer's obligation to notemploy unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List Bidentity documents must have photos, as described in paragraph 5 above; (2) When an Employerconfirms the identity and employment eligibility of newly hired employee using E-Verify procedures,the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) ofthe Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If theEmployer receives a final nonconfirmation for an employee, but continues to employ that person,the Employer must notify DHS and the Employer is subject to a civil money penalty between $550and $1,100 for each failure to notify DHS of continued employment following a finalnonconfirmation; (4) If the Employer continues to employ an employee after receiving a finalnonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowinglyemployed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participantis civilly or criminally liable under any law for any action taken in good faith based on informationprovided through the E-Verify.

B. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any otherenforcement or compliance activity authorized by law, including site visits, to ensure proper use ofE-Verify.

7. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired,meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. TheEmployer agrees to create an E-Verify case for new employees within three Employer business days aftereach employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and tocomplete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational inorder to accommodate the Employer's attempting, in good faith, to make inquiries during the period ofunavailability.

8. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of anyunlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does notauthorize.

9. The Employer must use E-Verify (through its E-Verify Employer Agent) for all new employees. The Employerwill not verify selectively and will not verify employees hired before the effective date of this MOU.Employers who are Federal contractors may qualify for exceptions to this requirement as described in ArticleII.B of this MOU.

10. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentativenonconfirmations. The Employer must promptly notify employees in private of the finding and provide themwith the notice and letter containing information specific to the employee's E-Verify case. The Employeragrees to provide both the English and the translated notice and letter for employees with limited Englishproficiency to employees. The Employer agrees to provide written referral instructions to employees andinstruct affected employees to bring the English copy of the letter to the SSA. The Employer must allowemployees to contest the finding, and not take adverse action against employees if they choose to contestthe finding, while their case is still pending. Further, when employees contest a tentative nonconfirmationbased upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contactDHS with information necessary to resolve the challenge.

11. The Employer agrees not to take any adverse action against an employee based upon the employee'sperceived employment eligibility status while SSA or DHS is processing the verification request unless theEmployer obtains knowledge (as defined in 8 C.F.R. Section 274a.1(l)) that the employee is not workauthorized. The Employer understands that an initial inability of the SSA or DHS automated verificationsystem to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the needfor additional time for the government to resolve a case), or the finding of a photo mismatch, does notestablish, and should not be interpreted as, evidence that the employee is not work authorized. In any ofsuch cases, the employee must be provided a full and fair opportunity to contest the finding, and if he orshe does so, the employee may not be terminated or suffer any adverse employment consequences basedupon the employee's perceived employment eligibility status (including denying, reducing, or extendingwork hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholdingpay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming thathe or she is unauthorized to work) until and unless secondary verification by SSA or DHS has beencompleted and a final nonconfirmation has been issued. If the employee does not choose to contest atentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a finalnonconfirmation 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 callE-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline).

12. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA asapplicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibilityverification, or recruitment or referral practices because of his or her national origin or citizenship status, orby committing discriminatory documentary practices. The Employer understands that such illegal practicescan include selective verification or use of E-Verify except as provided in part D below, or discharging orrefusing to hire employees because they appear or sound "foreign" or have received tentativenonconfirmations. The Employer further understands that any violation of the immigration-related unfairemployment practices provisions in section 274B 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 payawards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII mayalso lead to the termination of its participation in E-Verify. If the Employer has any questions relating to theanti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).

13. The Employer agrees that it will use the information it receives from E-Verify (through its E-Verify EmployerAgent) only to confirm the employment eligibility of employees as authorized by this MOU. The Employeragrees that it will safeguard this information, and means of access to it (such as PINS and passwords), toensure that it is not used for any other purpose and as necessary to protect its confidentiality, includingensuring that it is not disseminated to any person other than employees of the Employer who are authorizedto perform the Employer's responsibilities under this MOU, except for such dissemination as may beauthorized in advance by SSA or DHS for legitimate purposes.

14. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breachesare defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmedbreaches should be reported by calling 1-888-464-4218 or via email a [email protected]. Please use"Privacy Incident - Password" in the subject line of your email when sending a breach report to E-Verify.

15. The Employer acknowledges that the information it receives through the E-Verify Employer Agent from SSAis governed by the Privacy Act (5 U.S.C. Section 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C.1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose otherthan as provided for in this MOU may be subject to criminal penalties.

16. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify (whether directly or through their E-Verify Employer Agent), which includes permitting DHS, SSA, theircontractors and other agents, upon reasonable notice, to review Forms I-9 and other employment recordsand to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a promptand accurate manner to DHS requests for information relating to their participation in E-Verify.

17. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its servicesas federally-approved, federally-certified, or federally-recognized, or use language with a similar intent onits website or other materials provided to the public. Entering into this MOU does not mean that E-Verifyendorses or authorizes your E-Verify services and any claim to that effect is false.

18. The Employer shall not state in its website or other public documents that any language used therein hasbeen provided or approved by DHS, USCIS or the Verification Division, without first obtaining the priorwritten consent of DHS.

19. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (seeM-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in anymanner that might imply that the Employer's services, products, websites, or publications are sponsored by,endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.

20. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized bythis MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU.

21. The Employer agrees that it will notify its E-Verify Employer Agent immediately if it is awarded a federalcontract with the FAR clause. Your E-Verify Employer Agent needs this information so that it can updateyour company's E-Verify profile within 30 days of the contract award date.

B. RESPONSIBILITIES OF E-VERIFY EMPLOYER AGENT

1. The E-Verify Employer Agent agrees to provide to the SSA and DHS the names, titles, addresses, andtelephone numbers of the E-Verify Employer Agent representatives who will be accessing information underE-Verify and shall update them as needed to keep them current.

2. The E-Verify Employer Agent agrees to become familiar with and comply with the E-Verify User Manual andprovide a copy of the most current version of the E-Verify User Manual to the Employer so that the Employer



https://www.uscis.gov/sites/default/files/USCIS/Verification/E-Verify/everifytrademark.pdf

can become familiar with and comply with E-Verify policy and procedures. The E-Verify Employer Agentagrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revisedversion to the Employer no later than 30 days after the manual becomes available.

3. The E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the mostrecent E-Verify policy and procedures.

4. The E-Verify Employer Agent agrees that any E-Verify Employer Agent Representative who will performemployment verification cases will complete the E-Verify Tutorial before that individual initiates any cases.

A. The E-Verify Employer Agent agrees that all E-Verify Employer Agent representatives will take therefresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify,including any tutorials for Federal contractors, if any of the Employers represented by the E-VerifyEmployer Agent is a Federal contractor.

B. Failure to complete a refresher tutorial will prevent the E-Verify Employer Agent and Employer fromcontinued use of E-Verify.

5. The E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verifyaccess. The E-Verify Employer Agent must promptly terminate an employee's E-Verify access if theemployee is separated from the company or no longer needs access to E-Verify.

6. The E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by theE-Verify rules and regulations as modified from time to time.

7. The E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commitsufficient personnel and resources to meet the requirements of this MOU.

8. The E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, andprocedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E-Verify training asneeded. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents.

9. The E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.1below.

10. The E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordancewith the E-Verify Manual, the E-Verify Web-Based Tutorial and all other published E-Verify rules andprocedures. The E-Verify Employer Agent will create E-Verify cases using information provided by theEmployer and will immediately communicate the response back to the Employer. If E-Verify is temporarilyunavailable, the three-day time period will be extended until it is again operational in order toaccommodate the E-Verify Employer Agent's attempting, in good faith, to make inquiries on behalf of theEmployer during the period of unavailability

11. When the E-Verify Employer Agent receives notice from a client company that it has received a contractwith the FAR clause, then the E-Verify Employer Agent must update the company's E-Verify profile within 30days of the contract award date.

12. If data is transmitted between the E-Verify Employer Agent and its client, then the E-Verify Employer Agentagrees to protect personally identifiable information during transmission to and from the E-Verify EmployerAgent.

13. The E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personalinformation. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. Allsuspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at [email protected]. Please use "Privacy Incident - Password" in the subject line of your email when sending abreach report to E-Verify.

14. The E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoringand evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, uponreasonable notice, to review Forms I-9, employment records, and all records pertaining to the E-VerifyEmployer Agent's use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and torespond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify.

15. The E-Verify Employer Agent shall not make any false or unauthorized claims or references about itsparticipation in E-Verify on its website, in advertising materials, or other media. The E-Verify EmployerAgent shall not describe its services as federally-approved, federally-certified, or federally-recognized, oruse language with a similar intent on its website or other materials provided to the public. Entering into thisMOU does not mean that E-Verify endorses or authorizes your E-Verify Employer Agent services and anyclaim to that effect is false.

16. The E-Verify Employer Agent shall not state in its website or other public documents that any language usedtherein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the



prior written consent of DHS.17. The E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by

DHS/USCIS (see ) and, other than pursuant to the specific terms of such license, may not be used in anymanner that might imply that the E-Verify Employer Agent's services, products, websites, or publications aresponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.

18. The E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than asauthorized by this MOU, the E-Verify Employer Agent may be subject to appropriate legal action andtermination of its participation in E-Verify according to this MOU.

C. RESPONSIBILITIES OF FEDERAL CONTRACTORS

The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented by the E-Verify Employer Agent carry out the following responsibilities if the Employer is a Federal contractor or becomes afederal contractor. The E-Verify Employer Agent should instruct the client to keep the E-Verify Employer Agentinformed about any changes or updates related to federal contracts. It is the E-Verify Employer Agent'sresponsibility to ensure that its clients are in compliance with all E-Verify policies and procedures.

1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verificationterms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version ofthe E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for FederalContractors.

2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if itis a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it mustverify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801).Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify theemployee through E-Verify.

A. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract awardmust enroll as a Federal contractor in the E-Verify program within 30 calendar days of contractaward and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether ornot they are assigned to the contract. Once the Employer begins verifying new hires, suchverification of new hires must be initiated within three business days after the hire date. Onceenrolled in E-Verify as a Federal contractor, the Employer must begin verification of employeesassigned to the contract within 90 calendar days after the date of enrollment or within 30 days of anemployee's assignment to the contract, whichever date is later.

B. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contractaward must use E-Verify to begin verification of employment eligibility for new hires of the Employerwho are working in the United States, whether or not assigned to the contract, within three businessdays after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90calendar days or less at the time of contract award, the Employer must, within 90 days ofenrollment, begin to use E-Verify to initiate verification of new hires of the contractor who areworking in the United States, whether or not assigned to the contract. Such verification of new hiresmust be initiated within three business days after the date of hire. An Employer enrolled as aFederal contractor in E-Verify must begin verification of each employee assigned to the contractwithin 90 calendar days after date of contract award or within 30 days after assignment to thecontract, whichever is later.

C. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), stateor local governments, governments of Federally recognized Indian tribes, or sureties performingunder a takeover agreement entered into with a Federal agency under a performance bond maychoose to only verify new and existing employees assigned to the Federal contract. Such Federalcontractors may, however, elect to verify all new hires, and/or all existing employees hired afterNovember 6, 1986. Employers in this category must begin verification of employees assigned to thecontract within 90 calendar days after the date of enrollment or within 30 days of an employee'sassignment to the contract, whichever date is later.

D. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibilityof all existing employees working in the United States who were hired after November 6, 1986,instead of verifying only those employees assigned to a covered Federal contract. After enrollment,Employers must elect to verify existing staff following DHS procedures and begin E-Verifyverification of all existing employees within 180 days after the election.

E. The Employer may use a previously completed Form I-9 as the basis for creating anE-Verify case foran employee assigned to a contract as long as:

i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6,



ii. The employee's work authorization has not expired, andiii. The Employer has reviewed the information reflected in the Form I-9 either in person or in

communications with the employee to ensure that the employee's Section 1, Form I-9attestation has not changed (including, but not limited to, a lawful permanent resident alienhaving become a naturalized U.S. citizen).

F. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previousForm I-9 to provide the necessary information if:

i. The Employer cannot determine that Form I-9 complies with Article II.A.6,ii. The employee's basis for work authorization as attested in Section 1 has expired or changed,

oriii. The Form I-9 contains no SSN or is otherwise incomplete.

Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies withArticle II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired aftercompleting Form I-9, the Employer shall not require the production of additional documentation, or usethe photo screening tool described in Article II.A.5, subject to any additional or supersedinginstructions that may be provided on this subject in the E-Verify User Manual.

G. The Employer agrees not to require a second verification using E-Verify of any assigned employeewho has previously been verified as a newly hired employee under this MOU or to authorizeverification of any existing employee by any Employer that is not a Federal contractor based on thisArticle.

3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performancerequirement under the terms of the Federal contract or subcontract, and the Employer consents to therelease of information relating to compliance with its verification responsibilities under this MOU tocontracting officers or other officials authorized to review the Employer's compliance with Federalcontracting requirements.

D. RESPONSIBILITIES OF SSA

1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent)against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not matchthe information in SSA's database.

2. SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent)through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, toindividuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5U.S.C. Section 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).

3. SSA agrees to provide case results from its database within three Federal Government work days of theinitial inquiry. E-Verify provides the information to the E-Verify Employer Agent.

4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentativenonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSAfield office within the eight Federal Government work days from the date of referral to SSA, SSA agrees toupdate SSA records, if appropriate, within the eight-day period unless SSA determines that more than eightdays may be necessary. In such cases, SSA will provide additional instructions to the employee. If theemployee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-VerifyEmployer Agent.

Note: If an Employer experiences technical problems, or has a policy question, the employer should contactE-Verify at 1-888-464-4218.

E. RESPONSIBILITIES OF DHS

1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer(through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU:

A. Automated verification checks on alien employees by electronic means, andB. Photo verification checks (when available) on employees.

2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participationin E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephonenumbers of DHS representatives to be contacted during the E-Verify process.

3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as



an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for bothSSA and DHS, including restrictions on the use of E-Verify.

4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use ofmandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify,DHS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials.

5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) a notice, which indicates theEmployer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination noticesissued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), CivilRights Division, U.S. Department of Justice.

6. DHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identificationnumber and password that permits them to log in to E-Verify.

7. HS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), andto limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be usedonly to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA andFederal criminal laws, and to administer Federal contracting requirements.

8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verificationprocedures) confirmation or tentative nonconfirmation of employees' employment eligibility within threeFederal Government work days of the initial inquiry.

9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employeeswho contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This providesfinal confirmation or nonconfirmation of the employees' employment eligibility within 10 FederalGovernment work days of the date of referral to DHS, unless DHS determines that more than 10 days maybe necessary. In such cases, DHS will provide additional verification instructions.

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 asdirected by E-Verify. The Employer must promptly notify employees in private of the finding and providethem with the notice and letter containing information specific to the employee's E-Verify case. TheEmployer also agrees to provide both the English and the translated notice and letter for employees withlimited English proficiency to employees. The Employer agrees to provide written referral instructions toemployees and instruct affected employees to bring the English copy of the letter to the SSA. The Employermust allow employees to contest the finding, and not take adverse action against employees if they chooseto contest the finding, while their case is still pending.

2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentativenonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only theemployee may determine whether he or she will contest the tentative nonconfirmation.

3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed byE-Verify. The Employer must record the case verification number, review the employee informationsubmitted to E-Verify to identify any errors, and find out whether the employee contests the tentativenonconfirmation. The Employer will transmit the Social Security number, or any other corrected employeeinformation that SSA requests, to SSA for verification again if this review indicates a need to do so.

4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days.SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government workdays of the referral unless it determines that more than 10 days is necessary.

5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates.6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration

number database (the Numident) or other written verification of the SSN from the SSA.

B. REFERRAL TO DHS

1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notifyemployees in private of the finding and provide them with the notice and letter containing informationspecific to the employee's E-Verify case. The Employer also agrees to provide both the English and thetranslated notice and letter for employees with limited English proficiency to employees. The Employer mustallow employees to contest the finding, and not take adverse action against employees if they choose to



contest the finding, while their case is still pending.2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative

nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only theemployee may determine whether he or she will contest the tentative nonconfirmation.

3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentativenonconfirmation.

4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct theemployee to contact DHS through its toll-free hotline (as found on the referral letter) within eight FederalGovernment work days.

5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentativenonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentativenonconfirmations, generally.

6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photomismatch, the Employer will send a copy of the employee's Form I-551, Form I-766, U.S. Passport, orpassport card to DHS for review by:

A. Scanning and uploading the document, orB. Sending a photocopy of the document by express mail (furnished and paid for by the employer).

7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, theEmployer must forward the employee's documentation to DHS as described in the preceding paragraph. TheEmployer agrees to resolve the case as specified by the DHS representative who will determine the photomatch or mismatch.

8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government workdays of the referral unless it determines that more than 10 days is necessary.

9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates.

ARTICLE IV

SERVICE PROVISIONS

A. NO SERVICE FEES

1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employeris responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will needa personal computer with Internet access.

ARTICLE V

MODIFICATION AND TERMINATION

A. MODIFICATION

1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA andDHS operates the E-Verify program unless modified in writing by the mutual consent of all parties.

2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checkingagainst additional data sources and instituting new verification policies or procedures, will be covered underthis MOU and will not cause the need for a supplemental MOU that outlines these changes.

B. TERMINATION

1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days priorwritten notice to the other parties. In addition, any Employer represented by the E-Verify Employer Agentmay voluntarily terminate this MOU upon giving DHS 30 days' written notice.

2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer'sparticipation in E-Verify, with or without notice at any time if deemed necessary because of therequirements of law or policy, or upon a determination by SSA or DHS that there has been a breach ofsystem integrity or security by the Employer, or a failure on the part of the Employer to comply withestablished E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federalcontractor, termination of this MOU by any party for any reason may negatively affect the performance of itscontractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify ismandatory, termination of this by any party MOU may negatively affect the Employer's business.

3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its



participation in E-Verify is terminated or completed. In such cases, the Federal contractor must providewritten notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then thatEmployer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify theemployment eligibility of all newly hired employees.

4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer isterminated from E-Verify.

5. Upon termination of the relationship between an Employer and their E-Verify Employer Agent, E-Verifycannot provide the Employer with its records. The Employer agrees to seek its records from the E-VerifyEmployer Agent.

ARTICLE VI

PARTIES

A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA andDHS may adjust verification responsibilities between each other as necessary. By separate agreement withDHS, SSA has agreed to perform its responsibilities as described in this MOU.

B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive orprocedural, enforceable at law by any third party against the United States, its agencies, officers, oremployees, or against the Employer, its agents, officers, or employees.

C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control ormerger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS,which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transferany of the rights, duties, or obligations herein is void.

D. Each party shall be solely responsible for defending any claim or action against it arising out of or related toE-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 regarding the applicability of Section403(d) of IIRIRA to any action taken or allegedly taken by the Employer.

E. The Employer understands that its participation in E-Verify is not confidential information and may bedisclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressionaloversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractualrequirements, and responses to inquiries under the Freedom of Information Act (FOIA).

F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU onbehalf of the Employer, the E-Verify Employer Agent, and DHS respectively. The Employer understands thatany inaccurate statement, representation, data or other information provided to DHS may subject theEmployer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statementspursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment orsuspension.

G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-VerifyEmployer Agent. ENTERPRISE LEASING COMPANY OF FLORIDA LLC (Employer) hereby designates andappoints Robert Griggs (E- Verify Employer Agent), including its officers and employees, as the E-VerifyEmployer Agent for the purpose of carrying out (Employer) responsibilities under the MOU between theEmployer, the E-Verify Employer Agent, and DHS.



If you have any questions, contact E-Verify at 1-888-464-4218.

Approved by:

Employer

Name (Please Type or Print) Title

Signature Date

E-Verify Employer Agent

Verify I-9, LLC


Robert Griggs

Title

Signature


Date

February 26, 2019

Department of Homeland Security - Verification Division

Name Title

Signature Date



Information Required for the E-Verify Program

Information relating to your Company:

Company Name ENTERPRISE LEASING COMPANY OF FLORIDA LLC

Company Facility Address5105 JOHNSON ROAD

COCONUT CREEK, FL 33073

Company Alternate Address5105 JOHNSON ROAD

COCONUT CREEK, FL 33073

County or Parish Broward

Employer Identification Number 59-1664426

North American Industry ClassificationSystems Code Rental And Leasing Services (532)

Parent Company

Number of Employees 5,000 to 9,999

Number of Sites Verified for 4



Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in eachState:

Florida 4



Information relating to the Program Administrator(s) for your Company on policy questions oroperational problems:

Name ALAN LEVINEPhone Number (954) 354-5000Fax NumberEmail Address [email protected]

Name JILL TROUTPhone Number (954) 354-5000Fax NumberEmail Address [email protected]



TAB 13

Email: Kristo fer. lopez@co 11 iercountyfl. gov Telephone: (239)252-8944

Date:

From:

To:

Addendum #3

March 19, 2019

Kristofer Lopez,, Procurement Strategist

Interested Bidders

Subject: Addendum# 3 Solicitation# 19-7535 Airport Authority Car Rental Concessionaire

The following clarifications are issued as an addendum:

I. Proposal due of March 22, 2019@3:00 p.m. has changed:

---New due date: Friday March 29, 2019@ 3:00 p.m.

If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platfonn under the solicitation for this project.

Please sign below and retum a cop of this Addendum with your submittal for the above referenced solicitaf .

(Signature}

Enterprise Leasing Company of Florida, LLC (Name of Finn}

March 22, 2019 Date

Email: [email protected] Telephone: (239)252-8944

Date:

Addendum#2

March 7, 2019

From:

To:

Kristofer Lopez, Procurement Strategist

Interested Bidders

Subject: Addendum # 2 Solicitation # 19-7535 Airport Authority Car Rental Concessionaire


1. Exhibit A and Exhibit B have been attached.

If you require additional infonnation, please post a question on our Bid Sync (www.bidsync.com) bidding platfonn under the solicitation for this project.

of this Addendum with your submittal for the above

-Enterprise Leasing Company of Florida, LLC

(Name of Firm)

March 22, 2019 Date

Date:

From:

To:

Subject:

Email: [email protected] Telephone: (239)252-8944

Addendum #1

February 25, 2019

Kristofer Lopez, Procurement Strategist

Interested Bidders

Addendum# I Solicitation #19-7535 Airport Authority Car Rental Concessionaire


1. Pre-proposal meeting has been scheduled for Thursday March 7, 2019@ 2:00 p.m. at 3295 Tamiami Trail East, Naples, FL 34112, Procurement Services Division, Conference Room A.

If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project.

Please sign below and return a py of this Addendum with your submittal for the above referenced soli · ·

Enterprise Leasing Company of Florida. LLC (Name of Firm)

March 22. 2019 Date

TAB 14

INSURANCE AND BONDING REQUIREMENTS

Insurance / Bond Type Required Limits

1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government

Statutory Limits and Requirements

Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued

by the State of Florida is required. Entities that are formed as Sole Proprietorships

shall not be required to provide a proof of exemption. An application for exemption

can be obtained online at https://apps.fldfs.com/bocexempt/

2. Employer’s Liability

$_1,000,000__ single limit per occurrence

3. Commercial General

Liability (Occurrence Form)

patterned after the current

ISO form

Bodily Injury and Property Damage

$__1,000,000___single limit 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.

4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend,

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 or anyone

employed or utilized by the Contractor/Vendor in the performance of this Agreement.

5. Automobile Liability $__1,000,000__Each Occurrence; Bodily Injury & Property Damage,

Owned/Non-owned/Hired; Automobile Included. This would include courtesy vehicles.

6. Other insurance as noted:

Umbrella $ 1,000,000 Per Occurrence

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.


Aircraft Liability coverage shall be carried in limits of not less than $5,000,000

each occurrence if applicable to the completion of the Services under this Agreement.


Pollution $ __________ Per Occurrence

Professional Liability $ ___________ Per claim & in the aggregate

Project Professional Liability $__________ Per Occurrence

Valuable Papers Insurance $__________ Per Occurrence

Cyber Liability $__________ Per Occurrence

Technology Errors & Omissions $__________ Per Occurrence

7. 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.


2/21/2019 7:37 AM p. 35

https://apps.fldfs.com/bocexempt/

Collier County Solicitation 19-7535

8. D Perfonnance and Payment Bonds

For projects in excess of $200,000, bonds shall be submitted w:ith the 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 Perfonnance 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. of75 Fulton Street, New York, New York 1 003 8.

9. [8J 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.

10. [8J Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly.

11. [8J 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. The Certificates oflnsurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.

12. 181 On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112

13. 181 Thirty (30) Days Cancellation Notice required.

14. Collier County shall procure and maintain Builders Risk: Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division.

2/20/19- cc

Vendor's Insurance Slatement

We understand the insurance requirements of these specifications and that the evidence ofinsurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) monlhs from the date of award.

NameofFirm

Vendor Signature

Print Name

Insurance Agency

Agent Name

2/21/2019 7:37 AM

Peter Dulac

Marsh USA Inc.

Michael Graetz

Date March 22, 2019

Telephone Number 314-342-7016

p. 36

Request for Proposal 19 7535 At Everglades Airport

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Transcript of Request for Proposal 19 7535 At Everglades Airport