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Backup Documents 07/08/2014 Item #16E11 (Landfill Strategies) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E 1 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO :, Cr-!\t' THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE JU 2 201ii Routed by Purchasing Department to Office nitials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk '7(at(c( 2. County Attorney Office County Attorney Office -74:4Y 3. BCC Office Board of County —Y Commissioners \/s/ 4. Minutes and Records Clerk of Court's Office Bflllip( (2.Z4pm 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart Phone Number 252-8375 Purchasing Staff July 21,2014 Contact and Date Agenda Date Item was July 8,2014✓ Agenda Item Number 16.E.11 t, Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 14-6188 Landfall number if document is Number/Vendor Name Strategies to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial)' Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed �,,�p Q.,- by the Office of the County Attorney. per" 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A - document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception), an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by th BCC,all changes directed by the BCC have been made,and the document is ready f r the Chairman's signature. 16E11 MEMORANDUM Date: August 11, 2014 To: Diana De Leon, Contracts Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #14-6188 "FEMA Acceptable Monitoring for Disaster Generated Debris" Contractor: Landfall Strategies, LLC Attached is an scanned copy of the contract referenced above, (Item #16E11) approved by the Board of County Commissioners on July 8, 2014. The original contract will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16E11 AGREEMENT 14-6188 for "FEMA Acceptable Monitoring for Disaster Generated Debris" THIS AGREEMENT, made and entered into on this f� day of J (1. 2014, by and between Landfall Strategies, LLC, authorized to do business in the State of Florida, whose business address is 22 South Links Avenue, Suite 200, Sarasota, Florida 34236, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the Work upon issuance of a Notice to Proceed, provided a Purchase Order has been established for the Work. 2. CONTRACT TERM. The contract shall be for a five (5) year period, commencing on Date of Board award and terminating five (5) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated by the County. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for five (5) additional one (1) year periods. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Contractor shall provide FEMA Acceptable Monitoring for Disaster Generated Debris as provided in Exhibit A, "Scope of Services", which is hereby incorporated by reference, in accordance with the terms and conditions of this Agreement, RFP #14-6188 and the Contractor's proposal referred to herein and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. The County reserves the right to assign all or portions of the Work to one (1) or multiple Contractors based on their availability. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County Purchasing Ordinance and Purchasing Procedures in effect at the time such services are authorized. Page 1 of 20 0'4 %) 16E11 4. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement upon completion or partial completion of the Work as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this Agreement, together with the Travel and Reimbursable Expenses as defined in this Agreement. Payments shall be made to the Contractor when requested as work progresses, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.2 Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties are expressly excluded. Reimbursements shall be at the following rates: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than$150.00 per night Parking Actual cost of parking Taxi or Airport Actual cost of either taxi or airport Limousine limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Page 2 of 20 16E11 Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Landfall Strategies, LLC 22 South Links Avenue,Suite 200 Sarasota, Florida 34236 Attention: Craig Schultz, Vice President, COO Telephone: 941-451-7472 Facsimile: 941-927-1803 cschultz @landfallstrategies.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors/Subconsultants. Page 3 of 20 ' ,i 16E11 1 Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Page 4 of 20 J 16E11 B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify 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 Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. BONDS: A.When a project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by The County, the Contractor shall furnish a Performance and Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibits "D" and "D-2". C.If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the County's approval. Page 5 of 25 16E11 1 14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 14.1 The duty to defend under this Article 14 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 14 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Division Department. 16. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 17. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #14-6188 Scope of Services and Addenda, Exhibit "A" Scope of Services, Exhibit "B" Hourly Rate Schedule, Exhibit "C" FEMA and FHWA Supplemental Conditions CFDA 97.036/CDFA 20.205, Exhibit "D" Public Payment Bond, and Exhibit "D-2" Public Performance Bond. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. Page 6 of 25 16E1 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, 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. 20. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. 24. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached Page 7 of 25 d� 16E11 during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 25. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 26. KEY PERSONNEL/CONTRACT STAFFING. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) That the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 27. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 28. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Page 8 of 25 bj 16E11 29. SAFETY. All Contractors and subcontractors 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. Also all Contractors and subcontractors 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. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of- way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. 30. SUBSTITUTE PERFORMANCE: In the event of the Contractor fails to perform any required services within the time scheduled under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. (Remainder of page intentionally left blank) Page 9 of 25 PT). 16E11 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E,'Brbc`k,'Clerlk of Courts / i y ► 1+ - 'mom. f Tom Henning, airman Dated: , < t t Atte1t '.`Atiairman'sN signature only, Landfall Strategies, LLC Contractor. ■ i rmab 0 By: _ j� First Witness 4 Signare 1 . fi R _ . ( )cAe //Z, Dec ? w /e7/ 4,74-- TType/print witne s e TType/print signature and titlel' fly ..., Seco. '!I ,&.s .3 Ep,' i4'r_ TType/print witness nameT Ap r.v-d a • For and Legality: ,A.44.:14 County Attorney SBoni—A74c Print Name 0 Page 10 of 20 16E11 EXHIBIT "A", SCOPE OF SERVICES Contract 14-6188 "FEMA Acceptable Monitoring for Disaster Generated Debris" The Contractor will monitor Disaster Debris Management and Technical Assistance, on an as- needed basis, to provide disaster recovery monitoring expertise and services to assist the County to monitor the removal, reduction and environmentally approved disposal of debris and other obstacles resulting from these disasters in full compliance with regulatory agency requirements. The disposal sites must also be monitored to ensure FDEP requirements for collection and disposal are met, and consistent with Federal Emergency Management Agency (FEMA) requirements for cost reimbursement for debris management, removal and disposal. Emergency Management Requirements: 1. The Contractor shall be allowed to subcontract project monitoring; such monitoring shall include detailed web based cost and load tracking suitable for a comprehensive audit of debris removal. Collier County may, at its discretion, limit the number of subcontract firms working under the prime or sub-prime contractor at its sole discretion to ensure safety and quality of work provided. For monitoring of debris management, the Contractor shall provide a web based load tracking and field project monitoring system or a paperless tracking system similar to the requirements of the US Army Corps of Engineers now specified in their Advanced Contracting Initiative-Disaster Debris Management. A detailed project-monitoring proposal shall also be included. Monitoring shall be done in compliance with the most current FEMA guidelines. Those monitoring efforts may include, but not be limited to: (a) Providing assistance in updating the County's Debris Management and Removal Plan. (b) Provide training of selected County staff in essential debris management, monitoring, and collection functions to insure appropriate and responsive interface with field debris collection contractors and County, State and Federal Agencies. (c) Provide field inspectors at designated checkpoints to check and verify information on debris removal and at the Debris Management Sites (DMS) located or developed throughout Collier County or the region if necessary as approved by the County. (d) Provide technical and permitting assistance associated with the need to locate additional DMS when requested by Collier County. (e) Provide assistance with scheduling, dispatching and logistical operations of the field inspectors assigned to work areas of storm debris clean up. This work will include, but not be limited to the following: • To act as Collier County's representative in determining all forms of debris eligibility. • Coordinate with the State and Federal Emergency Management personnel to determine debris eligibility. Page 11 of 20 16E11 • Acquiring, hiring, training, deploying and supervising properly equipped inspectors. • Establishing the schedule for inspectors for each day. • Monitoring and recording the volumetric measurement (cubic yards) or gross empty weight of each truck that is added into service. • Keeping records of contract hauler's trucks, to include cubic yardage, or loaded weight, time in and time out, number of loads per day and other data as requested by designated County staff. • Coordinate with the Debris Removal Contractor to determine vehicle certification, vehicle assignments, and provide the necessary vehicle decals or placards for ease of identification and tracking. • Coordinate with the County's Solid Waste Collections Contractors in instances when excessive amounts of Disaster Debris accumulate because of a hurricane, tropical storm, freeze, severe weather or other natural or manmade disaster and when the County directs the Collections Contractor to provide Disaster Debris collections services. The Contractor(s) will be responsible for measuring and documentation of the volumes from the Collections Contractor's vehicles, and an understanding of the contractual obligations is necessary. • Coordinating with County personnel to respond to problems in the field, to include residential or commercial property damage claims in the process of debris removal. Contractors(s) shall establish a telephone claim reporting system with a local or toll free phone number and provide staff for the professional management of a receiving phone complaints or damage claims. The Contractor shall investigate and assist in documentation of claims if requested by the County. • Conducting end of day duties, such as verifying all trucks have left the disposal site, addressing daily safety reports and corrective action recommendations, and locking down of the facility. • Surveying the affected areas for special situations to include but not limited to drainage, canals and navigable waters, or emergent needs, to include but not be limited to; identifying tree stumps and the management of root balls and associated cavities, hazardous trees, C&D debris, boats, vehicles, sand, hazmat, and/or other potentially hazardous situations. The Contractor must keep a list of these locations, track and coordinate the appropriate dispatch of equipment and make frequent reports to the County on any post event remedial action. • Record on a map the streets where debris was collected and provide an accounting of any remaining, ineligible piles as well as those streets that have been completed. • Perform other duties as directed by the designated County personnel. (f) Contractor will ensure tickets are written for all eligible debris and are responsible for ineligible debris. Page 12 of 20 16E11 (g) Contractor will collect baseline data, per Local, State, and Federal requirements, from the designated emergency debris management sites prior to opening of these sites. (h) Contractor will have the ability to provide separate documentation for Federal Highway Administration Roads that were eligible for debris collection within the County. (i) Contractor will assist the County in obtaining necessary Local, State, and Federal permits for the designated emergency debris management sites prior to current hurricane season. (j) Contractor will conduct ongoing environmental data collection per Local, State and Federal requirements for the designated emergency debris management sites. (k) Contractor will be responsible for technical, clerical, and information technology assistance to the County in completing any and all forms necessary for reimbursement from State or Federal agencies, including the Federal Emergency Management Agency Department of Homeland Security, the State of Florida, and the Federal Highway Administration or the Department of Housing and Urban Development (HUD) relating to eligible costs arising out of the disaster recovery effort. (1) This may include, but is not limited to; the timely completion and submittal of reimbursement requests, preparation and submittal of any and all necessary cost substantiations and preparing replies to any and all agency requests, inquiries or potential denials. (m) Contractor will coordinate inspections with FDEP for approved site prior to hurricane season. (n) Contractor will employ or maintain on the work site(s) a qualified accessible supervisor(s) or liaison officer as directed. At least one (1) accessible and designated supervisor in the area of operation and the liaison officer shall have full authority to act on behalf of Contractor and its subcontractors and all communications given to the supervisor or liaison officer in writing by the County's authorized representative shall be as binding as if given to Contractor. (o) Contractor will be experts on the most current FEMA guidelines. (p) Contractor will be required to cover a declared emergency event in which debris, including hazardous material items, may be widely and randomly distributed during the event. (q) Contractor will be required to be able to recognize/verify hazardous waste, understand how it is required to be packaged, transported, stored, labeled and disposed in a compliant manner so as to ensure FEMA reimbursement. (r) Contractor will be required to recognize and confirm that any storage sites used for hazardous materials are in compliance. (s) Contractor will be required to monitor/document if any discharges of hazardous materials occur under the Debris Contractors responsibility and follow up to ensure that Contractor achieves FDEP cleanup compliance. (t) Selected monitoring services staff will be trained and certified in hazardous materials handling/procedures/PPE, etc. Page 13 of 20 �! 16E11 (u) Monitoring services shall be required to know and follow the latest FEMA required procedures relating to hazardous materials recovery and handling that ensure full FEMA reimbursement for such activities. (v) Monitoring services will know and ensure Debris Contractor adheres to all Emergency Planning and Community Right-to-know Act (EPCRA) required rules during the event recovery phase. (w) Contractor will verify final disposition of material is consistent with State-FDEP and Federal EPA requirements. (x) Contractor will ensure compliance with the guidance from the County's staff, who have continually focused on a timely, unencumbered and accurate close out to absolutely maximize FEMA reimbursement for all debris removal. This process also incorporates monitoring, detailed documentation, and responding in a timely manner to changing funding eligibility associated with the most current FEMA- sponsored operations. (y) Contractor will provide final close-out audit support ensuring full reimbursement. (z) Contractor will be responsible for establishing a truck certification program including a location procedure and verification of the most current FEMA truck certification methods. (aa) Contractor will be responsible for ensuring that all load tickets contain the appropriate information (i.e. truck certification number, street address/intersection, monitor vendor/contract). (bb) Contractor will develop a resource draw down plan for cost containment as part of the program. The resource draw down plan will include but not limited to, equipment rental, housing, staffing, and overhead to ensure a best value, low cost operation. (cc) Contractor will assist County in conducting an annual pre-hurricane season tabletop exercise(s) (Strategic Debris Management Planning Exercise (SDMPE)) to determine the adequacy of the debris removal plan the debris management process and train all personnel associated with the debris management mission usually held in April or May of each year. (dd) Contractor will provide the County with reports including, but not limited to; Daily Situational Reports, Damage Reports, Daily Work Order Reports, and Ineligible Pile Reports. Communications and Customer Service Coordination: 1. Contractor shall develop a Communications and Customer Service Coordination Plan for the County's approval. Including a telephone claim reporting system as referenced in section (e.vi.). 2. Contractor shall develop a Public Information and Coordination Plan for the County's approval. 3. Contractor will provide a Health and Safety Plan. 4. Contractor will provide a plan to manage and execute the County's Geographic Information System (GIS) debris management site tacking and debris collection tracking progress real time. Page 14of20 16E11 1 EXHIBIT "B, HOURLY RATE SCHEDULE Contract 14-6188 "FEMA Acceptable Monitoring for Disaster Generated Debris" Position Title, r;3,.H y Rate Administrative/Clerical Assistance $27.00 Annual Table Top Exercise Included Billing Invoice Analysis/Data Manager Invoice $55.00 Reconciliation Damage /Customer Services $39.00 Debris Site/Tower/Field/ Crew Monitors $34.00 Dispatch/Schedule Manager $52.00 Emergency Management Planning $125.00 Environment Specialist/Compliance Specialist $53.00 Environmental Project Manager $75.00 Federal Program Coordinator $110.00 Field Supervisor/Collection & Disposal Operations $47.00 GIS Analysis/Mapping Manager $55.00 Grant Manager $115.00 IT Manager $125.00 IT Technician $65.00 Load Ticket/Data Entry Clerk $30.00 Operations Manager/Coordinator $66.00 Post Project FEMA Close Out Support $80.00 Project Coordinator $30.00 Project Inspector/Roving QA QC Inspector $40.00 Project Manager $75.00 Public Assistant Officer/Public Information $80.00 Page 15 of 20 16E11 EXHIBIT "C " FEMA and FHWA SUPPLEMENTAL CONDITIONS CFDA 97.036/CDFA 20.205 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract,the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703,Fla.Stat. 1) Administrative, contractual, or legal remedies Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. (2) Termination for cause and for convenience A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party,provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in 1(a) above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made,but (1) no amount shall be allowed for anticipated profit on unperformed services or other work,and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to Page 16 of 20 16E11 receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract,whether completed or in process. (3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,creed, color, or national origin. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of Page 17 of 20 CAQ 16E11 enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." (4) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.: The Contractor agrees it will require that mechanics and laborers (including watchmen and guards) employed on this federally assisted contract be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. (5) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq.: The Contractor agrees it will require that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (6) Copeland "Anti-Kickback" Act (U.S.C. Section 51): The Contractor agrees to comply with the Anti-Kickback Act of 1968 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities. (7) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. (8) Patents and Data: No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The grantor agency and the grantee shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor's services. (9) Access to Records The local government, the Florida Department of Emergency Management, the Federal grantor agency, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. (10) Retention of Records The contractor shall retain all records relating to this contract for five (5) years after the local government makes final payment and all other pending matters are closed. (11) Clean Air Act , Federal Water Pollution Control Act, Executive Order 11738, and US EPA Regulations: Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the Contractor or recipient to comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). (12) Energy Efficiency Standards: The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163,89 Stat. 871). Page 18 of 20 ��� 16E11 (13) Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and their subcontractors and partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Contractor's debarment and suspension status will be validated at the System for Award Management at www.sam.gov and the State of Florida at http://dms.myflorida.com/business_operations/state_purchasing/ vendor information. (14) CIVIL RIGHTS COMPLIANCE (FHWA) The Consultant, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally- assisted programs of the Department of Transportation issued pursuant to such Act, Collier County hereby notifies all consultants that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race,color, religion,national origin, marital status, sex, age, disability in consideration for an award. Non Discrimination : All contracts shall contain a provision requiring compliance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 1. Equal Employment Opportunity: The following equal employment opportunity requirements apply to the underlying contract: a. Age: Under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107), the Consultant agrees to refrain from discrimination against present and prospective employees on the basis of age. b. Race, Color, Creed, National Origin, Sex: Per Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, the Consultant agrees to refrain from discrimination against anyone on the Page 19 of 20 16E11 basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts. The Consultant agrees to take affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer and in such actions as recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship. c. Disabilities: The Consultant agrees that it will comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services,and in telecommunications. (15) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): FHWA 20.205 Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded up from tier-to-tier-to recipient. (16) DBE Participation The Department of Transportation has an 8.6% race-neutral DBE goal. This means that the State's goal is to spend at least 8.6% of the federal aid highway dollars with Certified DBE's as prime firms or as sub-consultants/sub-Consultants. Race-neutrality means that the Department has demonstrated that the 8.6% overall goal can be achieved through the normal competitive procurement process without using DBE contract goals. The County encourages DBE firms to compete for County professional services projects, and also encourages non-DBE consultants to use DBE firms as sub-consultants. However, use of DBE sub- consultants is not mandatory and no preference points will be given in the selection process for DBE participation. The CONSULTANT, sub recipient or subConsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The CONSULTANT shall carry our applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure of the CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. Each subcontract the CONSULTANT or its subs signs in regards to a federal aid project must include the assurance in the above paragraph (see 49 CFR 26.13(b)). The CONSULTANT and its subConsultants agree to comply with all applicable federal implementing regulations and other implementing requirements the Federal government may issue. Page 20 of 20 16E11 EXHIBIT"D" PUBLIC PAYMENT BOND Bond No. Contract No. 14-6188 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and ,as Surety,located at (Business Address)are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20 , with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract,then this bond is void;otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond,regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF,the above parties have executed this instrument this day of ,20 ,the name of under-signed representative,pursuant to authority of its governing body. Signed,sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 20 ,by ,as of ,a corporation,on behalf of the corporation. He/she is personally known to me OR has produced_ as identification and did(did not) take an oath. My Commission Expires: (Signature of Notary) Page 21 of 25 C.) 16E11 Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public,State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_,by ,as of , Surety,on behalf of Surety. He/She is personally known to me OR has produced as identification and who did(did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public,State of Commission No.: Page 22 of 25 I 16E11 EXHIBIT"D-2" PUBLIC PERFORMANCE BOND Bond No. Contract No. 14-6188 KNOW ALL MEN BY THESE PRESENTS: That ,as Principal,and ,as Surety,located at (Business Address)are held and firmly bound to ,as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors,personal representatives,successors and assigns,jointly and severally. WHEREAS,Principal has entered into a contract dated as of the day of , 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof,and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract,and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual,incurred by Oblige;and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 23 of 25 0 16E11 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05,Florida Statutes,shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF,the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. Signed,sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 201 ,by ,as of ,a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did(did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public,State of Commission No.: Page 24 of 25 '<t i fit) 16E11 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 ,by ,as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did(did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public,State of Commission No.: Page 25 of 25 0 1266354 Landfall Strategies, LLC Certificate of Insurance (page 1 of 1) 07/171 162E1711 I ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) Iiii....--,,,..- 7/17/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: /� lnsureon(BIN Insurance Holdings LLC.) /Alp,N.,Eat) 800-688-1984 FAX No) (877)826-9067 (n insureon 1301 Central Expy.South,Suite 115 E-MAIL D Allen,TX 75013 PRODUCER CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: The Hartford 30104 Landfall Strategies,LLC INSURER B 2884 Pinecrest Street INSURER C: Sarasota,FL 34239 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR i TYPE OF INSURANCE IADDLISUBR' I POLICY EFF POLICY EXP LIMITS LTR INSR!WVD POLICY NUMBER (MWDD/YYYY) (MWDD/YYYY)'. GENERAL LIABILITY - ',, EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED• • ✓�1 CO_MMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) ,$ 1,000,000 II !, I ! MED EXP(Any one person) $.-10,000 -t -'i CLAIMS-MADE ✓ OCCUR III A Yes Ali 46SBM8112UE I 7/15/2014 7/15/2015 PERSONAL&ADV INJURY $ 1,000,000 ', 1 . _GENERALAGGREGATE $ 2,000,000 GEN'L AGGRE GATE LIMIT APPLIES PER: ., PRODUCTS-COMP/OP AGG $ 2,000,000 JECT RO- 1 • ✓ POLICY PRO- I LOC $ •AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ! $ 1000,000 • '', '', (Ea accident) • , -- ANY AUTO - ---._.._. : BODILY INJURY(Per person) :$ ALL OWNED AUTOS ', --- ....._._....._._._. BODILY INJURY(Per accident)',. $ A SCHEDULED AUTOS I Yes 46SBM8112UE ', 7/15/2014 7/15/2015 _ PROPERTY DAMAGE ✓ HIRED AUTOS I�I� (Per accident) $ ✓ I NON-OWNED AUTOS $ • I $ UMBRELLA LIAB 1 I OCCUR • ! EACH OCCURRENCE $ • EXCESS LIAB _CLAIMS_MADE! AGGREGATE $• DEDUCTIBLE ', $ li !`v:TORY LIMITS l ER I$ AND EMPLOYERS'RS'LIABILITY Y/N • WORKERS COMPENSATION WC STATU- 0TH ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 A !OFFICER/MEMBER EXCLUDED? Y N/A 1 ''I 46WEC1155NV 7/15/2014 ! 7/14/2015 - ------ - (Mandatory in NH) I 1 E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under '—.— �' --- --- DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT 1 $ 500,000 • • DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Collier County Board of County Commissioners is named as Additional Insured as their interests may appear in regards to General Liability.Should any of the above described policies be cancelled before the expiration date,the issuing insurer will endeavor to mail 30 days written notice(10 days notice if due to non-payment)to Collier County Board of County Commissioners named below,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3299 Tamiami Trail East,Suite 303 ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112-5746 AUTHORIZED REPRESENTATIVE Contract#14-6188 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD