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Backup Documents 09/13/2016 Item #16F 1 (07/26/2016 Absentia) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Michelle Rubio Community&Human Services (CHS) Division mg— 1-01 2. County Attorney Office County Attorney Office 3. BCC Office Board of County ,, %\'Sw.r Commissioners /5/ q,\31\te 4. Minutes and Records Clerk of Court's Office 011403 tt'.QtOi„ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jody Paley/ ` Phone Number 252-2903 Contact/ Department Community&Human Services . N Agenda Date Item was • . I - Agenda Item 16F tem \\ Approved by the BCC = /a6 tIC Number � 149ef-46414.-} 1 F Type of Document Fifth Amendment to Agreement Between Collier Number of Original 6 Attached County and Big Cypress Housing Corporation Documents and Third Amendment to Agreement Between Attached Collier County and Habitat for Humanity PO number or account number if document is 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? SA} f\Q v JSP 2. Does the document need to be sent to another agency for additional signature .? If yes, na 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 JSP signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JSP 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 JSP 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 JSP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JSP should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/26/16 and all changes made during the JSP 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 the 1. BCC,all changes directed by the BCC have been made,and the document is ready for the r0 • Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 it MEMORANDUM 1 6 F 1 Date: September 14, 2016 To: Jody Paley, Grant Coordinator Community & Human Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Fifth Amendment to Agreement between Collier County and Big Cypress and Third Amendment to Agreement between Collier County and Habitat for Humanity Attached are two (2) originals of each agreement referenced above, (Item #16F1 ratification for July 26, 2016 Absentia Meeting) approved by the Board of County Commissioners on Tuesday, September 13, 2016. An original has been kept by the Minutes and Records Department as part of the Official Records of the Board. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16F � C ram#FAIN# M-06-UC-12-0217 M-08-UC-12-0217 M-09-UC-12-0217 M-10-UC-12-0217 M-11-UC-12-0217 M-12-UC-12-0217 M-13-UC-12-0217 M-14-UC-12-0217 M-15-UC-12-0217 Federal Award Dates) Est. 10/2013 Federal Award Agency: HUD CFDA Name: HOME CFDA/CSFA#: 14.239 Total Amount of Federal FundsAwarded: $2,164,755.40 Subrecipient Name: Big Cypress Housing Corporation(BCHC) DUNS#-0647232520 1DIS#-455 FEIDN#-65-1067124 R&D-No Indirect Cost Rate-No Period of Performance: 10/22/13—9/30/2016 FY End 12/31 Monitoring Deadline 06/2036 FIFTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION THIS AMENDMENT is made and entered into this,131r1,-% day ofSc. 016, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER", "Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 19308 SW 380th Street,Florida City,Florida 33034. RECITALS WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME Investment Partnerships (HOME) Program funds for the a new construction of Multi-Family Project consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve located at 3180 Westclox Street in Immokalee, Florida. Big Cypress Housing Corporation(HM13-03) Multi-Family Project 18 for Single Family Rental Housing Construction Amendment#5 Page 1 of 9 16 F1 WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to this Agreement;and WHEREAS, on September 9, 2014, Item 16D13, the COUNTY approved the second amendment to this Agreement; and WHEREAS, on September 8, 2015, Item 16D2, the COUNTY approved the third amendment to this Agreement;and WHEREAS, on December 8, 2015, Item 16D4, the COUNTY approved the fourth amendment to this Agreement;and WHEREAS, the Parties desire to amend the Agreement to clarify the period of performance terminology and incorporate 2 CFR 200 requirements. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged,the Parties agree to amend the Agreement as follows: Words are deleted;Words Underlined are added II. TIME PERIOD OF PERFORMANCE Services of the DEVELOPER shall start on the 22w'day of October,2013 and end on the 30th day of October, 2016. Construction activities shall be completed by 2016 and the affordability period shall cease in 2036. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the DEVELOPER remains in control of HOME funds or other HOME assets, including program income. * * * III. AGREEMENT AMOUNT * * * Milestone Anticipated Deadline Environmental Scope Review by County 10/2014 Environmental approved by HUD 12/2014 Environmental Review Published and NTP Issued 11/2014 Design work complete 2/2015 Land Acquisition 12/2014 Big Cypress Housing Corporation(HM13-03) Multi-Family Project 18 for Single Family Rental Housing Construction Amendment#5 Page 2 of 9 16F1 Building Plans submitted&Reviewed by County 01/2015 Bid selection made 03/2015 Contract signed/Awarded/NTP issued 05/2015 Construction complete or near completion for one of the eighteen units-failure to accomplish this task may 12/15/2015 08/15/16 result in the subrecipient being required to repay $371,260.57 of CDBG/DRI funds that were previously invested in the project Construction of all 18 units complete 064944 8/15/16 Lease agreement complete for one of the eighteen units 12/15/2015 08/15/16 Lease Agreements Complete for the remaining 09/2016 seventeen units COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that can be attributed specifically to the projects referenced above as defined in 2 CFR 200.413.The Subrecipient must provide adequate documentation for validating costs incurred. Payments to Subrecipient's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. VI. GENERAL CONDITIONS * * * G.DEFAULTS,REMEDIES AND TERMINATION In accordance with 24 CFR 85.112 CFR 200.339, this Agreement may also be terminated for convenience by either the Grantee or the DEVELOPER, in whole or in part,by setting forth the reasons for such termination,the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made,the Grantee may terminate the award in its entirety. * * * Big Cypress Housing Corporation(HM13-03) Multi-Family Project 18 for Single Family Rental Housing Construction Amendment#5 Page 3 of 9 16F1 VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the DEVELOPER shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration)and any accounts receivable attributable to the use of HOME funds per 24 CFR 92.504(2)(vii). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse DEVELOPER's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). Regulations regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(bX7). VIII. INSURANCE DEVELOPER shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit"A" and 2 CFR 200.310 has been obtained, and carried, at all times during its performance. IX ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The DEVELOPER shall maintain sufficient records in accordance with 24 CFR 92.508 to determine compliance with the requirements of this Agreement, the HOME Program and all other applicable laws and regulations.This documentation shall include,but not be limited to,the following: B. DOCUMENTATION AND RECORDKEEPING 7. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. DEVELOPER shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law 2 CFR 200.337. * * * C. REPORTS AND EVALUATIONS(MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. Big Cypress Housing Corporation(I-1M13-03) Multi-Family Project 18 for Single Family Rental Housing Construction Amendment#5 Page 4 of 9 16F1 The COUNTY will monitor the performance of the DEVELOPER in attempts to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the DEVELOPER within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. DEVELOPER agrees to provide HUD. the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. E. PURCHASING DEVELOPER may be required to follow Federal Procurement standards at (2 CFR 200.318 through .326)and Collier County's purchasing thresholds. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range($) Quotes Under$3K 1 Written Quote $3K to$50K 3 Written Quotes Request for Proposal(RFP)Invitation Above$50K for Bid(IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY(and/or its representatives)may deem necessary, the DEVELOPER shall make available all records, documentation and anyother data relating to all matters covered by the Agreement for review, dinspectio or audit and in compliance with 24 CFR 92.504. Any deficiencies noted in audit reports must be fully cleared by the Developer, within 30 days after receipt by the organization.Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Developer hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Developer audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by OMB Circular A-133 for fiscal years beginning before December 26, 2014 and established by 2 CFR Part 200, Subpart F-Audit Requirements for fiscal years beginning on or after December 26. 2014. G. GRANT CLOSEOUT PROCEDURES DEVELOPER's obligation to the COUNTY shall not end until all closeout requirements are completed. Big Cypress Housing Corporation(HM13-03) Multi-Family Project 18 for Single Family Rental Housing Construction Amendment#5 Page 5 of 9 16F1 Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Any balance of unobligated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the DEVELOPER is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. In addition to the records retention outlined in Section IX.B.3, the DEVELOPER shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. DEVELOPER shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. The County will record a Mortgage, Deed and Note for each property upon completion of each HOME unit. Developer shall execute any additional documents and provide additional information as may be necessary for the County to enter into these additional documents. X. OTHER PROGRAM REQUIREMENTS * * E. CONFLICT OF INTEREST The DEVELOPER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal fmancial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the DEVELOPER. The DEVELOPER covenents that it will comply with all provisions of 24 CFR 92.356(f) "Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations, oridinaces and resolutions governing conflicts of interest. The Developer will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the DEVELOPER. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit DEVELOPER's ability to self-manage the project using its own employees. Any possible conflict of interest on the part of the DEVELOPER or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph-shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. * * * Exhibit E of the agreement is replaced with revised Exhibit E on following page * * * Big Cypress Housing Corporation(HM13-03) Multi-Family Project 18 for Single Family Rental Housing Construction Amendment#5 Page 6 of 9 16F1 REVISED EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT Circular 2 CFR 200.500 requires Cofer County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements. Accordingly, Collier County requires that all appropriate documentation Is provided regarding your organizations compliance, In determining Federal awards expended in a fiscal year,the entity must consider all sources of Federal awards based on when the activity related to the federal award occurs,including any Federal award provided by Collier County. The Otermination of amounts of Federal awards emended shall be in accordance with oMelines established by OMB Circular A-133.for fiscal years beainnina before December 26.2014.and established b tj CFR Part 200,Subpart F—Audit Requirements.for fiscal years bepinnkto on or after December 26,2014. This form may be used to monitor Florida Single Audit Act(Statute 215.97)reouirements. Subreclplent Youth Haven Name First Date of Fiscal Year(MMIDDIYY) Last Date of Fiscal Year(MMIDD1YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A.or B.Check C if applicable A.The FederalState expenditure threshold for our fiscal year ending as indicated above has been ❑ met and a Circular A.133 or 2 CFR Part 200,Subpart F Single Audit has been completed or will be completed by .Copies of the audit report and management letter are attached or will be provided within 30 days of completion. 6.We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200.Subpart F because we: ❑ i ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ` ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain I An audited financial statement is attached and if applicable.the independent auditor's management letter. C_ Findings were noted,a current Status Update of the responses and corrective action plan Is included separate from the written response provided within the audit reports.While we understand ❑ that the audit report contains a written response to the finding(s),we are requesting an updated status of the corrective action(s)being taken, Please do riot provide just a copy of the written response from your audit report,unless it includes details of the actions, procedures,policies,etc. implemented and when it was or will be Implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/15 Big Cypress Housing Corporation(HM13-03) Multi-Family Project 18 for Single Family Rental Housing Construction Amendment#5 Page 7 of 9 EXHIBIT"F" 1 6 F 1 4 LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS 40. 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles, and Audit requirements for Grants and Agreements. 41. The DEVELOPER agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200 et seq. 42. Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the County nine (9) months after the end of the DEVELOPER'S fiscal year. The DEVELOPER shall comply with the requirements and standards of OMB A-133, or 2 CFR 200 (as applicable). Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitehouse.gov/omb/circulars/al 33 compliance supplement 2011 * * * Signature page to follow * * * IN WITNESS WHEREOF,the Parties have each,respectively,by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOOF COUNTY COMMISSIONERS OF COLLIER COUNTY, DWIGHT E.BROCK,CLERK FLO A • t � R B (V142O A 411 ,Deputy -. e ONNA FIALA, CHAIRMAN Dated: . Lt.11"f�)(„b" 14 lb((4 A roved in absentia per Resolution (SEAL) pP Attest as to Chairman's No. 2000-149 on Jul 26, 20 • signature only. j By: 11Alr Leo . Ochs,J .,Cou Manager Big Cypress Housing Corporation(HMI3-03) Multi-Family Project 18 for Single Family Rental Housing Construction Amendment#5 Page 8 of 9 1 6 F 1 Big Cypress Housing Corpo .tion By: c�EV Pa-• ' . „ - Steve irk, President DEVELOPER Name and Title Approved as to form and legality: Jenni A.Belpedio Assistant County Attome CI-' a � Big Cypress Housing Corporation(HM13-03) Multi-Family Project 18 for Single Family Rental Housing Construction Amendment#5 Page 9 of 9 16F1 GtFAIN: # B-14-UC-12-0016 # B-13-UC-12-0016 Federal Award Date: Est. 10/2014 Federal Award Agency: HUD CFDA Name: Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded: FY 2014 $715.000 Subrecipient Name: —Habitat for Humanity of Collier County, Inc. DUNS #- 080676690 FEIN# - 59-1834379 R&D: No Indirect Cost Rate: No Agreement It CD14 03 Period of Performance: 9/23/2014 to 9/30/2018 TSS# 482 Fiscal Year End: 6/30 Monitor End: 9/30/2023 THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Legacy Lakes Access Roadway (Woodcrest Drive)Infrastructure Project This Amendment is entered into this 15}-1 s day of e_ 2016, by and between HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a private not-for-profit corporation existing under the laws of the State of Florida, herein after referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the "Parties." WHEREAS, on September 23, 2014, the COUNTY entered into an Agreement with the Community Development Block Grant Program funds to be used for Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Improvements Project (hereinafter referred to as the "Agreement"); and WHEREAS, on May 12, 2015 the parties amended the agreement to increase Community Development Block Grant funding and to clarify beneficiary and Milestones requirements, WHEREAS, on June 9, 2015 the parties amended the agreement to clarify the records retention requirements, Habitat for Humanity of Collier County,Inc.—Third Amendment 2014-2015 CDBG(CDBG14-03) Legacy Lakes Access Roadway(Woodcrest Drive)Infrastructure Project Page 1 of 11 16F1 WHEREAS, the Parties desire to amend the Agreement to clarify the period of performance terminology and incorporate 2 CFR 200 requirements. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words Struck-Through are deleted; Words Underlined are added PART I 1.3 TIME PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start effective the date of the execution of this agreement and shall end on September 30, 2018. 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 21 CFR 85.22 (21 CFR 81.27 for nonprofit recipients) 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee e-an Subrecipient may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The Grantee Subrecipient must provide adequate documentation for validating costs incurred. Payments to Grantee's Subrecipient's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.10 18, as applicable 2 CFR.318. Allowable costs incurred by the Grantee Subrecipients and contractors shall be in compliance with 2FR Subpart E-Cost Principles. OMB • . : I • . . • • . . . Habitat for Humanity of Collier County,Inc.—Third Amendment 2014-2015 CDBG(CDBG14-03) Legacy Lakes Access Roadway(Woodcrest Drive)Infrastructure Project Page 2 of 11 16F1 A Developer is not subject to 21 CFR Part 81 and 21 CFR Part 85 2 CFR Subpart E however the County is Subject to 21 CFR Part 85 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 24 CFR Part 85 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement or the Admin Plan. PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS * * * The determination of amounts of Federal awards expended shall be in accordance with guidelines established by OMB Circular A-133 for fiscal years beginning before December 26, 2014 and established by 2 CFR Part 200, Subpart F-Audit Requirements for fiscal years beginning on or after December 26, 2014. * * * 2.2 RECORDS AND DOCUMENTATION * * * H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337 law. Habitat for Humanity of Collier County,Inc.—Third Amendment 2014-2015 CDBG(CDBG14-03) Legacy Lakes Access Roadway(Woodcrest Drive)Infrastructure Project Page 3 of 11 16F1 2.3 MONITORING The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. :. . _ . - ., - standards as stated with all other applicable federal, state and local laws, regulations, and policies COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. * * * 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.'13 2 CFR 200.339, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons forsuch termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. * * * Habitat for Humanity of Collier County,Inc.—Third Amendment 2014-2015 CDBG(CDBG14-03) Legacy Lakes Access Roadway(Woodcrest Drive)Infrastructure Project Page 4 of 11 1 6 F 1 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required as outlined in Exhibit"A" and 2 CFR 200.310 has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work(Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85)Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT are required to follow Federal Procurement regulations standards at(2 CFR 200.318 through .326) and Collier County's purchasing thresholds. 3.13 PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. Habitat for Humanity of Collier County,Inc.—Third Amendment 2014-2015 CDBG(CDBG14-03) Legacy Lakes Access Roadway(Woodcrest Drive)Infrastructure Project Page 5 of 11 16 F1 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The COUNTY may close out the project with the SUBRECIPIENT after the five (5) year period has been met. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. * * * 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318 and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. * * * Habitat for Humanity of Collier County,Inc.—Third Amendment 2014-2015 CDBG(CDBG14-03) Legacy Lakes Access Roadway(Woodcrest Drive)Infrastructure Project Page 6 of 11 PART IV 1 6 F 1 GENERAL PROVISIONS 4.19. 21 CFR 81 2 CFR 200 et seq - Uniform Administrative Requirements Cost Principles, and Audit requirements for Grants and Agreements. with Institutions of Higher Education, Hospitals and Other Non Profit Organizations and specified by the following subsections: http://www.law.cornell.edu/cfr/text/21/part 81 • Subpart A General; + Subpart B Pre Award Requirements, except for 81.12, Forms for Applying for Federal Assistance; + Subpart C Post Award Requirements, except for: o Section 84.22, Payment Requirement- _ -- - . .. . 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 81.23, Cost Sharing and Matching; o Section 84.24, Program Income in lieu of 81.21 CDBG SUBRECIPIENTs shall follow 570.501; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property In lieu of 81.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.31(g), Equipment In lieu of the disposition provisions of 81.31(g) the following applies: In all cases in which equipment is sold, the proceeds shall be program income (pro rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 81.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 54.53(b) applies with the following exceptions: The retention period referenced in 81.53(b) pertaining to individual + The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 21 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 8461, Termination In lieu of the provisions of 81.61, CDBG SUBRECIPIENT's shall comply with 570.503(b)(7); and Habitat for Humanity of Collier County,Inc.—Third Amendment 2014-2015 CDBG(CDBG14-03) Legacy Lakes Access Roadway(Woodcrest Drive)Infrastructure Project Page 7 of 11 16F1 • Subpart D After the Award Requirements except for 8'1.71, Closeout Procedures * 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200 et seq. States, local governments, and Indian Tribes follow: • A 87 for Cost Principles • A 102 fer Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A 21 fer Cost Principles • A 11-0 for Administrative Requirements Non Profit Organizations follow: • A 122 fer Cost Principles • A 11-0 fer Administrative Requirements OMB Circular A87: http://www.whitehouse.gov/omb/circulars a087 200'1/ OMB Circular A102:http://www.whitehouse.gov/omb/circulars a102/ OMB Circular A21:http://www.whitehouse.gov/omb/circulars a021 2004/ OMB Circular A110:http://www.whitehouse.gov/omb/circulars al10/ OMB Circular A122: http://www.whitehouse.gov/omb/circulars a122 2001/ 4.33 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133 or 2 CFR 200 (as applicable), Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitehouse.gov/omb/circulars/a133 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.comell.edu/cfr/text/24/92.206 * * * Habitat for Humanity of Collier County,Inc.—Third Amendment 2014-2015 CDBG(CDBG14-03) Legacy Lakes Access Roadway(Woodcrest Drive)Infrastructure Project Page 8 of 11 16F1 Exhibit F of the agreement is replaced with revised Exhibit F on following page * * * Habitat for Humanity of Collier County,Inc.—Third Amendment 2014-2015 CDBG(CDBG14-03) Legacy Lakes Access Roadway(Woodcrest Drive)Infrastructure Project Page 9 of 11 REVISED EXHIBIT "F" 16 F 1 ANNUAL AUDIT MONITORING REPORT Circular 2 CFR 200.500 requires Collier County to monilcr subrecipenis of federal awards to determine if subrecipients are compliant with established audit requirements, Accordingly, Collier County requires that all appropriate documentation is provided regarding your organizations complance, In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the federal award occurs, including any Federal award provided by Collier County, The determinatign of amounts of Fgderal awards expended shall be in accordance with guidelines el • 'r I• :-1 , ti ,:1 `. - *IV inni ► Ml. 1� .j 1 CFR Part 200, Subpart F—Audit Requirements,for fiscal years beginning on or after December 26, 2014. This form may be used to monitor Florida Single Audit Act(Statute 215.97)requirements. Subreciplent Youth Haven Name First Date of Fiscal Year(MMIDDIYY) Last Date of Fiscal Year IMMIDDIYY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year s $ Check A.or B.Check C if applicable A.The FederallState expenditure threshold for our fiscal year ending as indicated above has been met and a Circular A-133 or 2 CFR Part 200,Subpart F Single Audit has been completed or will be completed by .Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B.We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200,Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year Uidicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable,the independent auditor's management letter. C. Findings were noted,a current Status Update of the responses and corrective action planis included separate from the written response provided within the audit reports.While we understand that the audit report contains a written response to the finding(s),we are requesting an updated status of the corrective action(s)being taken.Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures,policies,etc. implemented and when it was or will be implemented Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/15 Habitat for Humanity of Collier County,Inc.—Third Amendment 2014-2015 CDBG(CDBG14-03) Legacy Lakes Access Roadway(Woodcrest Drive)Infrastructure Project Page 10 of 11 16F1 * * * IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOA' 0 OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK CO i R COUNT FLORIDA By: By. ' f =VIP P onna Fiala, CHAIRMAN 4 , L. r.;: i ,Depu t lor HABITAT FOR HUMANITY OF COLLIER Attest as to Chairman's COUNTY, INC. signature only, By: s, NICK V LOHE' ' S, EXECUTIVE V.P. OF LAND DEVELOPMENT FOR HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Approved in absentia per Resolution No. 2000-149 on July 26,2016 Approved as to form nd legality: By: '�� pp g ty: Leo E.Ochs,Jr.,Co anager Jen ' er A. Belpedio • \�L Assistant County Atto Habitat for Humanity of Collier County,Inc.—Third Amendment 2014-2015 CDBG(CDBG14-03) Legacy Lakes Access Roadway(Woodcrest Drive)Infrastructure Project Page 11 of 11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16F I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later ,"'"\ than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 8123/16 121416 4. County Manager Office County Manager Office y BCC Office Board of County Commissioners NAVS/ a\V31tb 5. Minutes and Records Clerk of Court's Office q(r3lit lbOlah, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sandra Herrera,Purc ing 252-4270 Contact/Department V Agenda Date Item was 7/26/16 Absentia VVVV Agenda Item Number Item 16-E-1 Approved by the BCC 9/13/16 Ratification Item 16-F-1 tol/ Type of Document Assumption Agreement—Leo's Sod Number of Original One Attached Documents Attached PO number or account n/a number if document is 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 STAMP OK JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK 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 JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK 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 JAK 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 JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved in absentia on 7/26/16 and ratified by the BCC on JAK 9/13/16 and all changes made 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 the j-R K .' BCC,all changes directed by the BCC have been made,and the document is ready fi the `rt ` Chairman's signature. v A‘1r I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 MEMORANDUM 1 6 F 1 Date: September 15, 2016 To: Sandra Herrera, Procurement Manager Procurement Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Assumption Agreement - Leo's Sod (#13-6070R) Attached is an original of the document referenced above, (Agenda Item #16F1) approved by the Board of County Commissioners on Tuesday, September 13, 2016. The second original has been kept by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16F1 ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of Sc c r 'o e r; \3 2016, by and between DWJH, LLC dba Leo's Sod ("Vendor") and Collier County, a political subdivision of the State of Florida("County"), collectively"Parties." WHEREAS, on September 10, 2013 (Agenda Item 16-A-20), the County awarded Invitation to Bid (ITB) #13-6070R "Purchase and Delivery of Turf' to Leo's Sod, Inc. ("Leo's Sod"), a copy of ITB #13-6070R, together with all contract renewals, are attached hereto as Exhibit A, and hereinafter referred to as the"Agreement;"and WHEREAS, by virtue of a Bill of Sale dated April 15, 2016, DWJH,LLC is the successor in interest to Leo's Sod in relation to the Agreement; and WHEREAS, the Parties wish to formalize DWJH, LLC's, assumption of rights and obligations under the Agreement, effective June 27, 2016, the date of the written notification along with the accompanied required documentation of ownership. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. DWJH, LLC accepts and assumes all rights, duties,benefits, and obligations of the Vendor under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. DWJH,LLC will promptly deliver to County evidence of insurance consistent with the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 4. Notice required under the Agreement to be sent to Vendor shall be directed to: VENDOR: DWJH,LLC d/b/a Leo's Sod 3612 Bayshore Drive Naples Florida 34112 Phone: (239) 732-6131; Fax: (239) 732-1800 Attention: John M. Wicker,Principal 5. The County hereby consents to DWJH, LLC's assumption of the Agreement in order to continue the services provided under ITB #13-6070R. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat DWJH,LLC as the Vendor for all purposes under the Agreement. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect. [16-PRC-03119/1267774/1] 1 16 F1 IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption Agreement approved on the date first above written. COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 14,0 B a in 44, By: ,Deputy i lea, D NNA FIALA, CHAIR Attest as to Chairman's 4 signature only., DWJH,LLC d/b/a Leo's Sod By: ,--.......r.- . Attest: Type/print name Type/print name Approved •s t•Ifo. an. - .ality: Approved in absentia per Resolution ...414I �� No. 2000- 49 on July 2 016 By: lb.._ St i I y Jeffre !lac.ow 7/511V I By. . c rney 1 — Leo`E. Ochs,Jr., County nager Coun tt l I [16-PRC-03119/1267774/1] 2 01 EXHIBIT 1 16F Co�Ter County Purchasing Department 3327 Tamiami Trail East Adrnirisirdtve s°n ' Naples, Florida 34112 0 Purchasing Telephone:(239)252-2667 FAX:(239)252-2810 Email:evelyncolon@colliergov.net www.colliergov.net NOTICE OF AWARD • September 10, 2013 Ms. Tamara Hurt, President Leo's Sod, Inc. 3612 Bayshore Drive Naples, FL 34112 FAX: 732-6131 Email: tammy(r)a.leosod.net Re: Contract #13-6070R "Purchase and Delivery of Turf" Dear Ms. Hurt: This letter serves as notification that you have been awarded a Purchase Order as the Primary vendor for 1 contract#13-6070R "Purchase and Delivery of Turf", furnishing products and services in accordance with the terms, conditions, the specifications of the solicitation and your proposal. A formal contract for this service will not be necessary. The Collier County department will forward a purchase order which will serve as the County's agreement to your proposal and your notice to proceed with the work. Please provide an updated insurance certificate as soon as possible. Thank you for your interest in Collier County, and congratulations on the award of this solicitation. If there are any questions, please do not hesitate to contact me at the above number. Respectfully, '411 7,-;66--)z- Evelyn Colon Purchasing Strategist C: JR Gorentz, Supervisor Road Maintenance Contracts & Projects 1F , 1 Co vi Adnlins ........--%6----%.,......._-, e SeruDivision Purchasing • Invitation to Bid Date: June 4, 2013 From: Evelyn Colon, Procurement Strategist (239) 252-2667 (Telephone) (239) 252-2810 (FAX) Evelyncolon@colliergov.net (Email) To: Prospective Vendors Subject: Solicitation #13-6070R, Purchase and Delivery of Turf As requested by the Growth Management Division, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the sole intent and purpose of obtaining fair and competitive bid responses on the above referenced ITB. Please refer to the Public Notice included in this document for the time and date of the opening date and any applicable pre-ITB conference. Any and all questions regarding this ITB must be asked online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All answers to questions will be posted on the noted website with electronic notification to all prospective bidders. We look forward to your participation in Collier County's competitive procurement process. cc: Travis Gossard, Project Manager Note: All ITB responses submitted must include one (1) original labeled MASTER, along with one (1) exact duplicate copy, including all required forms. di 'fes PU,r11,-King DeortrAnt-3327 Tamwm Ma$1 East•NaYeB,Fkmda 341124901•wva oolier 6v,nettmurch,sw j #13-6070R,Purchase and Delivery of Turf 1 16F1 Invitation to Bid Index PUBLIC NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT 11:GENERAL BID INSTRUCTIONS 8 EXHIBIT III:STANDARD PURCHASE ORDER TERMS AND CONDITIONS 14 EXHIBIT IV:ADDITIONAL ITB TERMS AND CONDITIONS 17 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 24 ATTACHMENT 2:VENDOR'S CHECK LIST 25 ATTACHMENT 3:VENDOR SUBMITTAL—BID RESPONSE FORM 26 ATTACHMENT 4:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 28 ATTACHMENT 5:IMMIGRATION LAW AFFIDAVIT CERTIFICATION 29 ATTACHMENT 6:VENDOR SUBSTITUTE W—9 30 ATTACHMENT 7:INSURANCE AND BONDING REQUIREMENTS 31 1 #13-6070R,Purchase and Delivery of Turf 2 16F i PUBLIC NOTICE Sealed bid responses for Solicitation #13-6070R, Purchase and Delivery of Turf will be received electronically or manually only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00 PM Collier County local time on June 28, 2013. ITB responses received after the stated time and date will not be accepted. Solicitation #13-6070R Purchase and Delivery of Turf No pre-bid conference will be held for this solicitation. Any and all questions regarding this ITB must be asked online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All answers to questions will be posted on the noted website with electronic notification to all prospective bidders. All ITB responses must be made on the official ITB response form included as part of this ITB and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. Solicitation documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages bidders to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/Joanne Markiewicz Interim Purchasing/General Services Director Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the lobby of the Purchasing Building on June 4, 2013. #13-6070R,Purchase and Delivery of Turf 3 16F 1 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Growth Management Division (hereinafter, the "Division"),the Collier County Board of County Commissioners Purchasing Department(hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB")with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The work specified in this Section consists of furnishing all labor, equipment, materials and services necessary for the purchase and/or delivery of various types of turf on pallets to Collier County in accordance with the specifications and subject to the terms and conditions of the Contract. This Contract shall be made available to all divisions and agencies within and part of Collier County Government. Historically, County departments have spent approximately $720,000.00 annually on this service. Detailed Scope of Work Turf Purchase and Availability The Vendor shall provide Collier County turf on pallets containing a minimum turf area of 400 sq. ft. (+/-)for Sand Grown or 500 sq. ft. (+/-) for Muck Grown type turf. The Vendor will be notified as to the type and quantity of turf required. Due to the varying quantities of turf required, the Vendor must be able to provide the turf throughout the Contract period in a timely manner, being no more than five (5) working days, and in the quantities required. Turf Types The following are the various types of turf necessary. A. St. Augustine • Cultivar— Palmetto TM (grown by licensed grower) • Cultivar— Floratam • Cultivar— Bitterblue • Cultivar— Seville B. Bahia • Cultivar—Argentine C. Bermuda • Cultivar—Tifway Tifton 419 • Cultivar—TifSport #13-6070R,Purchase and Delivery of Turf 4 3 16F11 • Cultivar—Common ‘, • Cultivar— Floratex • Certified Celebration Turf Origin and Quality All turf supplied shall be "Nursery Grown" or "Field Grown", grown for purposes of sodding, and shall be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and/or laid in accordance to the following specifications or the most current and accepted Horticultural Industry's Standards and Practices, whichever is more restrictive. All sod shall be delivered to the site and be accompanied by a delivery ticket listing quantity, origin, and the date and time the sod was cut and loaded. Sod shall be delivered at the specified site within a twenty-four (24) hour period after field cutting and shall be laid within a forty-eight (48) hour period after field cutting. Sod being transported for a time period greater than one (1) hour shall be covered during transport. a The Vendor acknowledges that an acceptance of sod of a grade other than the Premium Grade (as specified in this Contract), shall not establish a lesser standard or relieve the Vendor from providing the Premium Grade Sod as specified. Premium Sod Sand Grown: Turf grown on 90% natural sand o Each sod pad shall be insect and disease free, vigorous and have healthy green color in appearance. The top growth (grass blades or foliage), shall have no more than ten percent (10%) chlorosis within the top growth and contain no thatch or dead vegetation layer within each pad. Sod shall be weed t free. Samples to be provided upon request. 4 a i Pad Size: Individual sod pads shall be cut to industry standard widths and lengths with a deviation no greater than +/- 5%. Broken or uneven ended pads will not be accepted. IPad Thickness: Thickness of the cut sod shall be no less than one inch (1") in depth for St. Augustine I and Bahia grasses and no less than one half inch (1/2") for Bermuda grasses. Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain its size and shape when the pad is suspended vertically by hand on the upper ten percent (10%) of the pad section without tearing apart. Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or wet. In no case will the sod be accepted if the soil layer becomes hardened, loose so not to hold its shape and/or hydrophobic in nature. Supply/Delivery Unit Prices shall reflect the following supply/delivery situations: A. Picked up by Collier County at a local site suitable for pick-up and loading by the ContractorNendor. #13-6070R, Purchase and Delivery of Turf 5 16F B. Delivered and off-loaded at a designated location in Collier County. C. Delivered, off-loaded, fine graded for sod, laid in place and rolled, and trimmed edges as necessary by the Contractor/Vendor. Rejection of Materials Collier County, through its assigned representative(s), shall have the right to reject any and all work and materials which, in its opinion, do not meet with the terms and/or specifications of this Contract. Such rejected material shall be immediately removed from the site and replaced by acceptable materials within five (5) working days. Work Schedules The Vendor shall arrange work to cause a minimum of interference with normal traffic, both vehicular and pedestrian and shall be responsible for providing safe and suitable means of ingress and egress to all public and private properties during all stages of the work. Barricades, Guards and Safety Provisions The responsibility for the installation and maintenance of adequate traffic control devices, warning devices, barriers, and flagmen for the protection of the traveling public and workmen, as well as to safeguard the delivery area in general shall rest with the ContractorNendor. Such provisions shall conform with the latest edition of the FDOT Manual on Traffic Control and Safe Practices, FDOT Standard index Series 600, and Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), and the Collier County Maintenance of Traffic, a copy of which is available in the Purchasing or Risk Management Departments. The ContractorNendor shall conduct operations in such a manner that no undue hazard will result due to the requirements of this Section, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the ContractorNendor or surety. Measurement and Payment Measurement shall be the total square feet of turf supplied and accepted by the requesting division in Collier County. Should conditions so warrant, Collier County reserves the right to increase or decrease quantities specified on the Purchase Order issued by Collier County. Payment for the quantities ordered shall be at the Contract Unit Prices. Such payment shall be full compensation for furnishing all labor, equipment, material and services necessary for the turf purchase. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are #13-6070R,Purchase and Delivery of Turf 6 16F 1 requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in accordance with the following methodology: Primary Secondary based on a line by line item. • Collier County reserves the right to select one supplier. • Any additional items will be quoted among the multiple awardees. • The contract will be in the form of a standard County Purchase Order. Term of Contract The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3) one year renewal option. Prices shall remain firm for the initial term of this contract. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Timetable Event Date Issue Solicitation Notice June 4, 2013 Last Date for Receipt of Written Questions June 14, 2013 3:00PM Non-mandatory pre-solicitation meeting N/A Solicitation Deadline Date and Time June 28, 2013 3:00PM Anticipated Evaluation of Submittals July, 2013 Anticipated Board of County Commissioner's Approval Date August 2013 Vendor Required Documents • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirement #13-6070R,Purchase and Delivery of Turf 7 16F 1 Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department(hereinafter, the County) has issued this Invitation to 1d(hereinafter, the"ITB", or"Bid")with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the"Vendor" All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty(180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #13-6070R,Purchase and Delivery of Turf 8 16F 1 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All paper bids shall be submitted to the County Purchasing Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. All bids submitted manually must be an original and one exact duplicate copy and placed in a sealed envelope, and plainly marked as follows: • The due date and time of receipt of the bids by the County Purchasing Director. • The number of the bid and the bid title. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. #13-6070R,Purchase and Delivery of Turf 9 16F 1 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Request for Proposals. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2008-181 establishing and adopting the Collier County Purchasing Policy. The Collier County Board of County Commissioners has adopted a Local Preference"Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County purchases. A"local business" is defined as a business that has a valid Business Tax Receipt, formerly known as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County quote or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. #13-6070R,Purchase and Delivery of Turf 10 16F 1 Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their quote or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive non-local business submits the lowest price quote, and the quote submitted by one or more qualified and responsive local businesses is within ten percent(10%) of the price submitted by the non-local business,then the local business with the apparent lowest quote offer(i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff shall first verify if the lowest non-local vendor and the lowest local vendor are in fact qualified and responsive vendors. Next, the Purchasing Department shall determine if the lowest local vendor meets the requirements of Section 287.087 F.S. If the lowest local vendor meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local vendor submits an offer that fully matches the lowest quote from the lowest non-local vendor tendered previously, then award shall be made to the local vendor. If the lowest local vendor declines or is unable to match the lowest non local quote price(s), then award will be made to the lowest overall qualified and responsive vendor. If the lowest local vendor does not meet the requirement of Section 287.087 F.S. and the lowest non-local vendor does, award will be made to the vendor that meets the requirements of the referenced state law. Vendor must complete and submit with its quote response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Vendor to submit this Affidavit with their quote response will preclude said Vendor from being considered for local preference under this solicitation. A Vendor who misrepresents the Local Preference status of its firm in a quote submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with any of the competing vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 14. Certificate of Authority to Conduct Business in the State of Florida(Florida Statute 607.1501) 16. 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.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number #13-6070R,Purchase and Delivery of Turf 11 16F 1 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. 17. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 18. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free #13-6070R, Purchase and Delivery of Turf 12 16F 1 workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 19. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. t 8N pp1 #13-6070R,Purchase and Delivery of Turf 13 16F 1 Y Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer actual receipt of the goods by the COUNTY This offer is subject to cancellation by the nonetheless remain with VENDOR. COUNTY without notice if not accepted by b) No charges will be paid by the COUNTY for VENDOR within fourteen (14)days of issuance. packing, crating or cartage unless otherwise specifically stated in this Purchase Order. 2. Acceptance and Confirmation Unless otherwise provided in Purchase This Purchase Order (including all documents Order, no invoices shall be issued nor attached to or referenced therein) constitutes payments made prior to delivery. Unless the entire agreement between the parties, unless freight and other charges are itemized, any otherwise specifically noted by the COUNTY on discount will be taken on the full amount of the face of this Purchase Order. Each delivery of invoice. goods and/or services received by the COUNTY c) All shipments of goods scheduled on the from VENDOR shall be deemed to be upon the same day via the same route must be terms and conditions contained in this Purchase consolidated. Each shipping container must Order. be consecutively numbered and marked to show this Purchase Order number. The No additional terms may be added and Purchase container and Purchase Order numbers must Order may not be changed except by written be indicated on bill of lading. Packing slips instrument executed by the COUNTY. VENDOR must show Purchase Order number and is deemed to be on notice that the COUNTY must be included on each package of less objects to any additional or different terms and than container load (LCL) shipments and/or conditions contained in any acknowledgment, with each car load of equipment. The invoice or other communication from VENDOR, COUNTY reserves the right to refuse or notwithstanding the COUNTY'S acceptance or return any shipment or equipment at payment for any delivery of goods and/or VENDOR'S expense that is not marked with services, or any similar act by VENDOR. Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any 3. Inspection shipment made under this Purchase Order All goods and/or services delivered hereunder and the full invoice value of such shipment. shall be received subject to the COUNTY'S d) All invoices must contain the Purchase Order inspection and approval and payment therefore number and any other specific information as shall not constitute acceptance. All payments are identified on the Purchase Order. Discounts subject to adjustment for shortage or rejection. All defective or nonconforming goods will be of prompt payment will be computed from the date of receipt of goods or from date of returned pursuant to VENDOR'S instruction at receipt of invoices, whichever is later. VENDOR'S expense. Payment will be made upon receipt of a proper invoice and in compliance with To the extent that a purchase order requires a Chapter 218, Fla. Stats., otherwise known as series of performances by VENDOR, the the "Local Government Prompt Payment COUNTY prospectively reserves the right to Act," and, pursuant to the Board of County cancel the entire remainder of the Purchase Commissioners Purchasing Policy. Order if goods and/or services provided early in the term of the Purchase Order are 5. Time Is Of the Essence non-conforming or otherwise rejected by the Time for delivery of goods or performance of COUNTY. services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery 4. Shipping and Invoices schedules or deliver within a reasonable time, as a) All goods are FOB destination and must be interpreted by the COUNTY in its sole judgment, suitably packed and prepared to secure the shall entitle the COUNTY to seek all remedies lowest transportation rates and to comply available to it at law or in equity. VENDOR with all carrier regulations. Risk of loss of agrees to reimburse the COUNTY for any any goods sold hereunder shall transfer to expenses incurred in enforcing its rights. the COUNTY at the time and place of VENDOR further agrees that undiscovered delivery; provided that risk of loss prior to delivery of nonconforming goods and/or services #13-6070R, Purchase and Delivery of Turf 14 IT&F1 is not a waiver of the COUNTY'S right to insist including but not limited to attorneys'fees, arising upon further compliance with all specifications. from, caused by or related to the injury or death of any person (including but not limited to 6. Changes employees and agents of VENDOR in the The COUNTY may at any time and by written performance of their duties or otherwise), or notice make changes to drawings and damage to property (including property of the specifications, shipping instructions, quantities COUNTY or other persons), which arise out of or and delivery schedules within the general scope are incident to the goods and/or services to be of this Purchase Order. Should any such change provided hereunder. increase or decrease the cost of, or the time required for performance of the Purchase Order, 11. Warranty of Non-Infringement an equitable adjustment in the price and/or VENDOR represents and warrants that all goods delivery schedule will be negotiated by the sold or services performed under this Purchase COUNTY and VENDOR. Notwithstanding the Order are: a) in compliance with applicable laws; foregoing, VENDOR has an affirmative obligation b) do not infringe any patent, trademark, to give notice if the changes will decrease costs. copyright or trade secret; and c) do not constitute Any claims for adjustment by VENDOR must be unfair competition. made within thirty (30) days from the date the change is ordered or within such additional VENDOR shall indemnify and hold harmless the period of time as may be agreed upon by the COUNTY from and against any and all claims, parties. including claims of negligence, costs and expense, including but not limited to attorneys' 7. Warranties fees, which arise from any claim, suit or VENDOR expressly warrants that the goods proceeding alleging that the COUNTY'S use of and/or services covered by this Purchase Order the goods and/or services provided under this 1 will conform to the specifications, drawings, Purchase Order are inconsistent with VENDOR'S samples or other descriptions furnished or representations and warranties in section 11 (a). specified by the COUNTY, and will be of satisfactory material and quality production, free If any claim which arises from VENDOR'S breach from defects and sufficient for the purpose of section 11 (a) has occurred, or is likely to intended. Goods shall be delivered free from any occur, VENDOR may, at the COUNTY'S option, security interest or other lien, encumbrance or procure for the COUNTY the right to continue claim of any third party. These warranties shall using the goods or services, or replace or modify survive inspection, acceptance, passage of title the goods or services so that they become and payment by the COUNTY. non-infringing, (without any material degradation in performance, quality, functionality or additional 8. Statutory Conformity cost to the COUNTY). Goods and services provided pursuant to this Purchase Order, and their production and 12. Insurance Requirements transportation shall conform to all applicable The VENDOR, at its sole expense, shall provide laws, including but not limited to the Occupational commercial insurance of such type and with such Health and Safety Act, the Federal terms and limits as may be reasonably Transportation Act and the Fair Labor Standards associated with the Purchase Order. Providing Act, as well as any law or regulation noted on the and maintaining adequate insurance coverage is face of the Purchase Order. a material obligation of the VENDOR. All insurance policies shall be executed through 9. Advertising insurers authorized or eligible to write policies in No VENDOR providing goods and services to the the State of Florida. COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or 13. Compliance with Laws services, or appropriate or make use of the In fulfilling the terms of this Purchase Order, COUNTY'S name or other identifying marks or VENDOR agrees that it will comply with all property without the prior written consent of the federal, state, and local laws, rules, codes, and COUNTY'S Purchasing Department. ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities 10. Indemnification Act and all prohibitions against discrimination on VENDOR shall indemnify and hold harmless the the basis of race, religion, sex creed, national COUNTY from any and all claims, including origin, handicap, marital status, or veterans' claims of negligence, costs and expenses, status. Further, VENDOR acknowledges and #13-6070R,Purchase and Delivery of Turf 15 NMI I, 16F 1 without exception or stipulation shall be fully notice to the VENDOR. This Purchase Order responsible for complying with the provisions of may be terminated immediately by the COUNTY the Immigration Reform and Control Act of 1986 for breach by VENDOR of the terms and as located at 8 U.S.C. 1324, et seq. and conditions of this Purchase Order, provided that regulations relating thereto, as either may be COUNTY has provided VENDOR with notice of amended. Failure by the awarded firm(s) to such breach and VENDOR has failed to cure comply with the laws referenced herein shall within 10 days of receipt of such notice. constitute a breach of the award agreement and the County shall have the discretion to 19. General unilaterally terminate said agreement a) This Purchase Order shall be governed by immediately. Any breach of this provision may the laws of the State of Florida. The venue be regarded by the COUNTY as a material and for any action brought to specifically enforce substantial breach of the contract arising from any of the terms and conditions of this this Purchase Order. Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, 14. Force Majeure Florida Neither the COUNTY nor VENDOR shall be b) Failure of the COUNTY to act immediately in responsible for any delay or failure in response to a breach of this Purchase Order performance resulting from any cause beyond by VENDOR shall not constitute a waiver of their control, including, but without limitation to breach. Waiver of the COUNTY by any war, strikes, civil disturbances and acts of nature. default by VENDOR hereunder shall not be When VENDOR has knowledge of any actual or deemed a waiver of any subsequent default potential force majeure or other conditions which by VENDOR. will delay or threatens to delay timely c) All notices under this Purchase Order shall performance of this Purchase Order, VENDOR be sent to the respective addresses on the shall immediately give notice thereof, including all face page by certified mail, return receipt relevant information with respects to what steps requested, by overnight courier service, or by VENDOR is taking to complete delivery of the personal delivery and will be deemed goods and/or services to the COUNTY. effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A 15. Assignment party may change its address for notice by VENDOR may not assign this Purchase Order, written notice complying with the nor any money due or to become due without the requirements of this section. prior written consent of the COUNTY. Any d) The Vendor agrees to reimbursement of any assignment made without such consent shall be travel expenses that may be associated with deemed void. this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem 16. Taxes and Travel Expenses for Public Officers, Goods and services procured subject to this employees and authorized persons. Purchase Order are exempt from Florida sales e) In the event of any conflict between or and use tax on real property, transient rental among the terms of any Contract Documents property rented, tangible personal purchased or related to this Purchase Order, the terms of rented, or services purchased (Florida Statutes, the Contract Documents shall take Chapter 212), and from federal excise tax. precedence over the terms of the Purchase Order. To the extent any terms and /or 17. Annual Appropriations conditions of this Purchase Order duplicate The COUNTY'S performance and obligation to or overlap the Terms and Conditions of the pay under this Purchase Order shall be Contract Documents, the provisions of the contingent upon an annual appropriation of Terms and/or Conditions that are most funds. favorable to the County and/or provide the greatest protection to the County shall 18. Termination govern. This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written #13-6070R,Purchase and Delivery of Turf 16 16F 1 Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5)years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 30% or more of the solicitation amount for said work. 6, Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 4. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 5. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. #13-6070R,Purchase and Delivery of Turf 17 16F I Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 6. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 7, Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt(formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. 8. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. ri #13-6070R,Purchase and Delivery of Turf 18 1 6F 1 9. 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. 10. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerkacollierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional— payment by check, wire transfer or other cash equivalent. • Standard—payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an"Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. #13-6070R,Purchase and Delivery of Turf 19 3 16F1 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six(6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of"laches"as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 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. 11. Survivability Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation #13-6070R, Purchase and Delivery of Turf will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 12. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Attachment 3 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida #13-6070R,Purchase and Delivery of Turf 20 16F l The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Attachment 3, with the use of Insurance Services Office(ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 13. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency(CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four(24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.colliergov.net/purchasinq. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non- responsive. #13-6070R,Purchase and Delivery of Turf 21 16F 1 14. Security and Background Checks If required, Vendor/Contractor/Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. 14. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards(DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy,#5807, incorporated herein by reference. Copies are available through the Risk Management and/or Purchasing Departments and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 15. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 16. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as"County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers #13-6070R,Purchase and Delivery of Turf 22 16F1 17. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 18. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and/or heavy equipment(backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval.The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. All equipment must be new and of current manufacture in production at the time of bid opening, and carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. #13-6070R,Purchase and Delivery of Turf 23 16F 1 Adminidrative Send=IP qty Pu r asm Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 3411. We are not responding to this ITB for the following reason(s): Solicitation #and Title: #13-6070R, Purchase and Delivery of Turf ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title #13-6070R,Purchase and Delivery of Turf 24 16F1 cor4:44w7er County Administrative s Drosion Purchasing Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required licenses, drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit certification and the company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 11. The mailing envelope must be sealed and marked with: • Solicitation: #13-6070R, Purchase and Delivery of Turf Opening Date: June 28, 2013 12. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature &Title Date #13-6070R, Purchase and Delivery of Turf 25 16F 1 Cocaitt County Administrative Services aiviSiOn Purchasing Attachment 3: Vendor Submittal—Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation#13-6070R, Purchase and Delivery of Turf Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: ***SEE FOLLOWING PAGES*** Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net_Days ® Bid Response Form is electronic or manual. Please input your prices online. ❑ Bid Response is as follows: Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. #13-6070R, Purchase and Delivery of Turf 26 16F 1 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 20 , in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR#or CAGE Code Telephone Number FAX Number Signature/Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address M 0 #13-6070R,Purchase and Delivery of Turf 27 SII iti 16Fcow -ler County I 411,„ Administrative SWAM Division PurChasin. Attachment 4: Affidavit for Claiming Status as a Local Business Solicitation:#13-6070R, Purchase and Delivery of Turf(Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County E Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business"unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way.This may include, but not be limited to,the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County.Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business"under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or❑Lee County: Number of Employees (Including Owner(s)or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee(Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public,for the above State and County, on this Day of , 20 Notary Public My Commission Expires (AFFIX OFFICIAL SEAL) #13-6070R,Purchase and Delivery of Turf 28 16Frlfr ter Comity 1 RXCfWiNp Attachment 5: Immigration Law Affidavit Certification Solicitation#and Title: #13-6070R,Purchase and Delivery of Turf This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals (RFP)submittals. Further, Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program,may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #13-6070R,Purchase and Delivery of Turf 29 4 16F 1 � �GoYrnty Attachment 6:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit I Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status(check only one) _Individual/Sole Proprietor _Corporation Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (0=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #13-6070R,Purchase and Delivery of Turf 30 , 16F 1 co icco�y , ni Purchasing Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type Requfed units s' 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Empioyer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. , 4. X Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate #13-6070R,Purchase and Delivery of Turf 31 16F • $2,000,000 per claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-' or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Airport Authority or Collier MPO). 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. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number #13-6070R,Purchase and Delivery of Turf 32 16F 1 Ca ler County Email: evelyncolon@colliergov.net Telephone: (239)252-2667 Aziministratire Services Division FAX: (239)252-2810 Pwchasing ADDENDUM 1 Memorandum Date: June 6, 2013 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum #1 Solicitation#13-6070R Purchase and Delivery of Turf Please see the following attached document: ➢ Bid Schedule If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. AddendumTemplate Revised:4/15/10 1 1 6 F I Ex act Coil ier County Admnistrat ve services Duman renasing Attachment 2:Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required liceKes, drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required,the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit certification and the company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 11. The mailing envelope must be sealed and marked with: • Solicitation:#13-6070R, Purchase and Delivery of Turf Opening Date: June 28, 2013 12. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Lf'c J ✓CJ c1 , r\C,, Company thlar7 V7 Signature&Title cop_c l i3 Date • 25 #13-60708,Purchase and Delivery of Turf -6 F 1 • Colter County Adm�nistratve Services Division `urchasing Attachment 3: Vendor Submittal–Bid Response Form FROM: Le&5 Sec-114(1C— .cc% 14(1C. Board of County Commissioners Collier County Government Center Naples, Florida 34112 • RE: Solicitation#13-6070R, Purchase and Delivery of Turf Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein;that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. • The Vendor proposes and agrees if this Bid is accepted,to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: ***SEE FOLLOWING PAGES*** . Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; NetIQ Days ® Bid Response Form is electronic or manual. Please input your prices online. ❑ Bid Response is as follows: • Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, fi if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. #13-6070R,Purchase and Delivery of Turf 26 16 1 9 I - E m 2 Io v_ a V id Q W 0 tN+1 N N O . m V W iT D W N + O d m V W fJ� a W N + k a g m r mwm $ ' vmww 5 spa— Ot , $ aagi D mT � � , =Imiq. a5WT 56 i9 m 1i B. 5e aar?-taairup0311...OR -.1m • -4 : 3 -n wiv;,,, Ecizi ..n. i H a$ $.�_ -FI �, gaaa— !��Em 41 aza � �� awl@8T (�1 - 3� aim „ , 00 , , v. 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Ii!!I!! ab 4m r 44 ;Aagg SliOligg'00 N N W i .„ tn. � « N y ��V�tJJi 1 6 F 1 .y. s: state OT rionaa ,',- ' Department of Agriculture and Consumer Services i;.;•;-:,•�-�•-� Division of Marketing and Development/Bureau of License and Bond issue carte: 04/2912013 r:`' '; w t'�Vi€ 550-488-4101 Fee Amt Paid: 1300 : .6 T llahasSeer Florida .FEI14: 2v'-243rd '. . POST LICENSE License as Dealer in Agriculture Products 'EffectivtDate: 05/21/2013 CONSPICUOUSLY GOOD FOR ONE LOCATION This license is Issued under authority of Section 604.15-804.34,Florida Statutes,to: Commodity Code: 11 Bonding Company: FCCI INSURANCE CO. License# 116982- 6 Bond Amount; 3100,000 LEO'S SOD,INC. DBA: LEO'S SOD.INC. , 1fl 3612 BAYS: i DR .: . .e. :.i*- Field Represeniaiives: CHRi5 i OPHER W WA S NAPLES,FL34112-63-14 ' ADAM H.PUTNAM COMMISSIONER OF AGRICULTURE COWER COUNTY BUSINESS TAX BUSINESS TA)GNIUMBER: 83080 COWER COUNT'1fT,X LECTOR-2800 N.HORSESHOE DRIVE-NAPLES FLOR DA3'}104-(2392522477 - -• VISIT OUR IN B3SITE AT:witne.coiliertex.Com - THIS RECEIPT EXPIRES SEPTEMBER 30. 2913 DISPLAYATPLACE OF�UtESS'FOR PUBUC INSPEC'1ION::. LOCATION:3612 BAYSHORE OR '.. FAILURE10 DO SO IS CONTRARY TO LOCAL LAWS. LEGA:FORM S TAX IS NON-REFUNDABLE - ZONED : C4 CORPORATION BUSINESS PHONE 732-316'1800 LEO'S ,INC LEO'S SOD INC ,: : . 3612 BAYSHORE DR ''• NAPLES Fl.34112-0000 • CLASSIFICATION:RETAIL SALES .• `• DA ':-. - 06/31/201: =i�tnOtiriTT• � CLASSIFICATION CODE 03900001 30.0(:RECEIPT 434045 -..ibis document Is a business lax only.This Is not oaltMcat on that licenser/is qualified. .. -_.r . Itn does.not permit the license to violate any existing regulatory zoning laws of the state,county or cities:, ,-. „,,vn ;-: , t nor does it exempt the licensee from any other taxes or permits that may be required by law. ,. NLLlER COUNTY BUSINESS TAX :.-BUSINESSYAXiNUMBER. 0902 COLLIER COUNT(TAX COU.EQTOR-2800 N.HORSESHOE DRIVE-NAPLES FLORIDA.341.04•-(239):252-2477 VISIT OUR WEBSITE AT:www.coMertax.com - THIS RECEIPT EXPIRES SEPTEMBER 30, 2013 DISPLAY AT PLACE OF BUSBIESS FOR PUBLIC INSPEC110M; c LOCATION:3612 BAYSHORE DR .•. .. FAILURE-TO DO SO IS CONTRARY TO LOCAL LAWS ZONED: C-4 LES FORM -THIS TAX IS NON-REFUNDABLE - CORPORATION . BUSINESS PHONE:732-6131 - c LEO'S SOO INC COUNTY UC:34294 HURT,FRED R JR 3812 BAYSHORE DR ,nt'' NAPLES FL 34112-0000 - • NUMBER OF EMPLOYEES: 11-20 EMPLOYEES OATS 08!31/201 AMOUNT, 1201 CLASSIFICATION:LANDSCAPING RESTRICTED CONTRACTOR CLASSIFICATION CODE 02102602 NO FERTILIZING RECEIPT. 4339•4 This document is a business tax only.This is not certification that licensee Is quatfled. ••:..1:, „_ .�. 77:a.,.-:„.. h does not permit the licensee to violate any existing regulatory zoning taws of the state,county or cities- �, r: o - nor does it exempt the licensee from any other taxes or permits that may be required by taw. E � Detail by Entity Name 1 6 F __- FLORIDA DEPARTMENT OF STATE DIVISION Or CORPORATIONS S1(41Z Detail by Entity Name Florida Profit Corporation LFO'S SOD, INC. Filing information Document Number P08000039026 FEI/EIN Number 262436879 Date Filed 04/17/2008 State FL Status ACTIVE Effective Date 04/17/2008 Last Event NAME CHANGE AMENDMENT Event Date Filed 05/05/2008 Event Effective Date 05/10/2008 Principal Address 3612 BAYSHORE DRIVE NAPLES, FL 34112 Mailing Address 3612 BAYSHORE DRIVE NAPLES, FL 34112 Changed: 05/14/2009 Registered Agent Name&Address HURT,TAMARA 3812 BAYSHORE DRIVE NAPLES, FL 34112 Name Changed: 01/04/2012 Address Changed: 05/14/2009 Officer/Director Detail Name&Address Title P,S HURT, TAMARA O 3612 BAYSHORE DRIVE NAPLES, FL 34112 • Title VP,T • http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultD etail/EntityName/domp-p08000039... { Detail by Entity Name 16F I _ HURT, FRED RJR. 3812 BAYSHORE DRIVE NAPLES, FL 34112 Annual Reports Report Year Filed Date 2011 01/05/2011 2012 01/04/2012 2013 04/08/2013 Document Images • 04/08/2013 --ANNUAL REPORT View image in PDF format 01104/2012--ANNUAL REPORT View image in PDF format 01/05/2011 --ANNUAL REPORT View image in PDF format n1 )RrPn1 n-- An�Ni UAi REPnRT View image in PDF format 05/14/2009--ANNUAL REPORT View image in PDF format 05/05/2008-- Name Change View image in PDF format 04/17/2008 -- Domestic Profit View image in PDF format cgnvrlght -•tnd Privacy Pclicies Ent.. F!,:• f .r ..., ....r, • http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/dome-p0800003 9.-. 1 6 F 1. , • Aco® CERTIFICATE OF LIABILITY INSURANCE °�'�`"�°°�""� 6/13/2013 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(les)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: Kristin NENert t_ut ert Insurance Naples 9 PHONE P (ANC.ND EIdr239-262-7171 FAx (Atc,Nei:239-262-5360 Na Bos FL 340010 EMAIL DI>Ess:kneiert@lu3gertinsurance.com Naples 34108 • INSURERS)AFFORDI NG COVERAGE NNC C INSURER A:Florida Retail Federation INSURED LEOSO-1 INSURER a FCCI Insurance Company 10178 Leo's Sod,Inc INSURER C: 3612 Bayshore Drive • INSURER D: Naples FL 34112-6314 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:919251584 REVISION NUMBER:1 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 WTH 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. ItLTRR TYPE OF INSURANCE NASR MM/8D PQUCY NUMBER (MMAQIYYYY) !ICY EFF M/DDI EXP UNITS B GENERAL LIABILITY GL0013457 4/30/2013 4/30/2014 EACH OCCURRENCE 51,000,000 DAMAGE TO RENTED X COMMERCAI.GENERAL LABILITY PREMISES(Ea occuleuet $100,000 _.__._l CLAIMS:MADE X OCCUR MED EXP(Ary me fin) S5,0C4.1 PERSONAL&ADV INJURY 51,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG Sinduded 7 POLICY X JFSO.T LOC $ 4/3012013 1/30/2014 LUMBINEUsNGLE LMIT B AUTOMOBILE LIABILITY CA0020891 (Ea acodenp 51.000,000 X ANY AUTO :800&.Y INJURY(Par mew) $ ALL OWNED -SCHEDULED 1 NJBO BODILY INJURY(Per accident} 5 AUTOS AUTOS PROPERTY DAMAGE A (Persoc:deft) $ HIRED AUTOS AUUTOSTOS Comp/0311 Deductible t.Ti00/50C UMBRELLA LIAR _OCCUR EACH OCCURRENCE $ EXCESS UAB I CLAIMS-MADE AGGREGATE S DED RETENTIONS 5 A WORKERS COMPENSATION 052035529 2/28/2013 2128/2014 X TO RYT MITS ER AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE- ACCIDENTN!A E.L.EACH ACCENT $500,000 OFFICER.'MEMEIER EXCLUO ED? IManditory In NH) E.L.DISEASE-EA EMPLOYE FI 5500,000 II yea,describe°OF O E.L.DISEASE-POLICY LIMIT 5500,000 DESCRIPTION OF OPERATIONS below B i Equipment Floater CM0006789 4/3012013 4/30/2014 Scheduled Equipment 96,000 Leased/Ranted Equip 3,000 Deductible '500 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Ii required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS, 3299 Tamiami Trail East,Suite 700 Naples FL 34112 'AUTHORIZED REPRESENTATIVE 7,1.a. 4.4......e. I 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD ' 16F 1 d�'it SGL Verif y Company 10 Number:325224 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Leos Sod Inc (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program(E-Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newty hired employees and all existing employees assigned to Federal contracts. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989,as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S.citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations(20 CFR Part 401). r �C\ ^ 8'.i;l D3 \ui ,.a 16F 1 i �R ii E-VeriFy Company ID Number:325224 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary)for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on alien employees by electronic means, and • Photo verification checks(when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer a manual (the E-Verify User Manual) containing instructions on E-Verify policies, procedures and requirements for both SSA and OHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices(OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with OHS's database. 6. OHS agrees to safeguard the information provided to DHS by the Employer, and to limit • access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA)and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in • conjunction with SSA verification procedures) to provide confirmation or tentative Fv .''..-�1 'NI{;:_� ')fEYi�ril^p0ilhci'.: x 16F I 1M P , E ..,1,., 111 . I: Company ID Number: 325224 nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary)for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, OHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by OHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures,with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. §274a.2(b)(1)(B))can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. • If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document)to complete the Form 1-9,the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The employer will use the photocopy to verify the photo and to assist OHS with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. rc� ,`.ii[ bid•I cf i , 1 6 F 1 I , ,y_r SEr.� ,.,,, Lis 4 -',Msrv^ Veru _ E y Company ID Number:325224 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a 1 rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees t: within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1-9 have been completed),and to complete as many(but only as many)steps of the E-Verify process as are necessary according to the E-Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the r Form 1-9 completed. If the automated system to be queried is temporarily unavailable,the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers • may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article 11.D.1.c. Except as provided in Article 11.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article Ill. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking i t rr f i 1 mpl: f. ;i9t� 3_tE )f);24:;> 3 16F 9. yJ SE`c, E-Verify, } tl Owe f NSTa' Company ID Number: 325224 adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article I11.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non-match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or OHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non-match or if a secondary verification is completed and a final nonconfirmation is issued,then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515(TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 2748 of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 2748(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration-related employment 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 pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515(TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from SSA or OHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as w P?'.*1 s "k)L c._imic} c _, ❑a ,.,:<<!"F � I 16F VeriF _ at t &f•�ttiS'i Y EkC A .k'+l:& CH Company ID Number: 325224 authorized by this MOU.The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords)to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employees responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employees use of E-Verify, and to respond in a timely and accurate manner to OHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. The Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract,whichever date is later. b. Federal contractors already enrolled at the time of a contract award: Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States,whether or not assigned to the contract,within 3 business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must initiate verification of each employee assigned to the J.:31 f,:r= ,:!OVF::R:?Vi.S Gfl Dire.10'2210,3 16F1 IU A '{t,IHAI��1¢ Y SKr/ A i3kvl C?S DM: Company ID Number: 325224 contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract,whichever is later. c. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by OHS and initiate E-Verify verification of all existing employees within 180 days after the election. e. Form 1-9 procedures for Federal contractors: The Employer may use a previously completed Form 1-9 as the basis for initiating E-Verify verification of an employee assigned to a contract as long as that Form 1-9 is complete (including the SSN), complies with Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article Il.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor. 2. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. iC J • r, '.`ti. .i4 111: 16F I , , '�� Off1,.; EVenly E_tT.E1 fY 3 A[r .r6.]F 635 Company ID Number:325224 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 tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative 1 nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records 1 the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirrnation as soon as possible after the Employer receives it. Y 1 3. If the employee contests an SSA tentative nonconfirrnation,the Employer will provide i 1 the employee with a system-generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it 1 determines that more than 10 days is necessary. The Employer agrees to check the E-Verify 1 system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS,the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non-match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non- match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to OHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible a T. 1 ;r:.,.,r roiG I, visimL _1D':;::7_ 1 6F S�ECv i EVeri >' 111112 E�tENI FY t_}nEN':t? ?[Y. Company ID Number:325224 after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll-free hotline(as found on the referral letter)within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will send a copy of the employee's Form 1-551 or Form 1-786 to OHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non-match. ARTICLE IV SERVICE PROVISIONS ' SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E-Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. OHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take 16F ks* EVenly ' J: E=.'Esti 1.h iEN•:I.E J%i,t Company ID Number:325224 mandatory refresher tutorials. 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 a circumstance, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice,that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to non-Federal contractor participants,and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or OHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act(FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. 16F 1 EVenly hISTM� Company ID Number:325224 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions,contact E-Verify at 888-464-4218. Employer Leos Sod Inc Fred Hurt utJ:Obi AtJ .._—. Department of Homeland Security—Verification Division USCIS Verification Division I'J . .i:��;":_i'Li.: rl'p ..yc.3 1.15,V6t2O I0 � + I it... :iiic 'I?;1 44illi'iSr :r,;l�t;:r' �+i:7fo.,_.,,.. .�129:Gi • 16F1 36co.t. 49IVVA .,s V-SIFY I:A"E4VI:7. 7F Company ID Number 325224 Information Required for the E-Verify Program Information relating to your Company: ' any irii .,0i e.;;1•;-1.4t.3,17„- iitj Ar-ss::5i 1 2 Raysh4rei:24•I•io IL 34112 4krat . . P•mish: c:OLLIFR. c.ation 2.52,4Z6vs . . . . irg.4.7stry Sysfieriis 561 C.;.4iPp4ily• E;r4i pi y to 9 ST:4$ 1C4rif1 for: Are you verifying for more than 1 site?if yes,please provide the number of sites verified for in each State: • FLORIDA 1 site(s) MOO for FraployeriRtiv!..g;:gi 10/2P)11 . 16Fi Everiry 1 ,411,Y I N Company ID Number:325224 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name: Fred Hurt Telephone Number (239}732=0131 Fax Number: (238)732.1800 E-mail Address: nelson@leosod.net Ni DU for.LmioyerlRevs:..:1n Care 1,112,1::;E: 16F I Exceptions to Specifications 1. Additional sod varieties that were mentioned on the invitation to bid (but not included on the pricing spreadsheet) are priced below. Pricing for these types of sod are listed below and all are the prices based on truckload pricing (14 pallets or more). Pick up Delivery Lay-Over Install Palmetto $ 146.00 $ 156.00 $ 160.00 Bitter Blue $ 146.00 $ 156.00 $ 160.00 Seville $ 138.00 $ 148.00 $ 152.00 2. In the rare event where we would be asked by the County or required under MOT/Safety guidelines to close a lane of traffic to complete a project there would be an additional charge of$15/pallet added to the prices listed in our bid. 3. Installations are based on truckload pricing (14 pallets or more). ty 1 b F 1 • Equipment List Trucks 1 2003 Ford Truck F650 XL Super Duty 24v Cummins 2 2006 Ford Truck F350 XL Turbo Diese16.0 3 2006 GMC Truck 3500 6,6 Turbo Diesel 4 2012 Ford Truck F350 Super Duty 6.7 4X2 Crew Cab 5 2006 Ford Truck F750 Super Duty 5.9 Cummins Trailers 1 2005 SE Metal Dump Trailer 2 2000 Emerson 16 foot trailer 3 2005 Ecoline 20 foot trailer 4 2007 Loudo 16 foot trailer Forklifts & Misc 1 1991 Daewoo G-25s /G255-2 2 1996 Harlo H300B 3 2004 Harlo H P5000 4 2006 Harlo HP5000 5 2012 Caterpillar Skid Steer 252B3 6 - Ryan Jr Sod Cutter 7 - Ryan Jr Sod Cutter 8 - Multiquip Roller • 9 - Multiquip Roller 1 6 F 1 coolie-r COI4l,ity Email: evelyncolon@colliergov.net Telephone: (239)252-2667 Administrative Services Division FAX: (239)252-2810 r-urtasinq ADDENDUM 'I Memorandum Date: June 6, 2013 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum#1 Solicitation#13-6070R Purchase and Delivery of Turf Please see the following attached document: Bid Schedule 1 If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. AddendumTemplate Revised:4/15/10 1 1 F 1 collier county M r risratve Services Division • ?urhau^:q Attachment 1:Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore,we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. if your firm is not responding to this ITS, please indicate the reason(s) by checking any appropriate item(s) • listed below aridretum this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 3411. We are not responding to this ITB for the following reason(s): Solicitation#and Title:#13-6070R, Purchase and Delivery of Turf ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not dearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): • Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title #13-6070R,Purchase and Delivery of Turf 24 __ i . 16F Collier County Adrlvnistrat ve Services Divisor urchasinq • Attachment 4: Affidavit for Claiming Status as a Local Business Solicitation:#13-6070R,Purchase and Delivery of Turf(Check Appropriate Boxes Below) • , State of Florida(Select County if Vendor is described as a Local Business Er-Collier County ❑Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Xl of the Collier County Purchasing Policy: A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee • County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased,and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing,a vendor shall not be considered a"local business"unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way.This may include, but not be limited to,the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business"under this section. Vendor must complete the following information: • Year Business Established in Etollier County or 0 Lee County: 1cklaSS • Number of Employees(Including Owner(s)or Corporate Officers): IC' -COI'if Number of Employees Living in []'Collier County or[3 Lee(Including Owner(s)or Corporate Officers): 1- r If requested by the County,vendor will be required to provide documentation substantiating the information given in this affidavit. Failure IIto do so willilresult invendor'svendor's submission being deemed not applicable. Vendor Name: L f'U S J0 c) `}r L Date: to- Collier or Lee County Address: t a- (3cc.y.s o r-c. r k k )(5 al 3441 'ei Signature: CTitle:_ 5 STATE OF FLORIDA [COLLIER COUNTY ❑ LEE COUNTY S I.i to and Subscribed Before Me,a Notary Public,for the above State and County, on this 4:25 Day of , 20 /3 '. oW �1( Wurslrq�. Notary Public ti/,� r. ommission ", �� _� 'Z /-6 ';R� A qiOTARY (AFFIX OFFICIAL S •L) MM Core,: .trys Fsb.• My Cows(spirt No.Er. fab.7,2016 - p lio.EE ie1126 #13-6070R,Purchase and Delivery of Turf -IT 7P \01p 0081. ' `Qp 4 28 1. j',3. . 16F 1 i • . , 1 $ . -...------..--- /An'nsnwe Stwces Cw.sat 1 Attachment 5:Immigration Law Affidavit Certification • . Colter Comity ,Solicitation#and Title:#13-6070R,Purchase and Delivery of Turf This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals(RFP)submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment,at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the'fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E Verify proc1rarp.may deem the Vendor I Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System(E-Verity),operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's I Bidder's proposal. Company Name L.e o S SCCA, 9i-- 1 Print Name t( TY\c r L }- v-/I- Title er-e s Signature Cur u.-t.r /L Date lef"d-S-/ State of Rolirla. County of C..alA i/ -- The f �J regoing Instrument was signed and acknowledged before me this of day of (1 g-Q. ,2L/3 20 1:,by /QJY) YCL 0I ter/iLLY7 who has produced g)'kdc. 61_ • as identification. erint or ype Name) (Type of Identification and Number) _ itQ ilk Notary P slit Signature 1Q' 4T F9.ys /' L A9y .� /Gij,,rn .61//LY7 Printed Name Of Public x.7.2016 I Q Ab.EE 167425 ar t ifri�as /oci147//4 pUB1ti� 4. Notary Commission umber/Expiration cl,,A,c0,.....,,,,„ , 4ri Fto,��c' ? `somonnn,-. The signee of this Affidavit guarantees,as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. , 113.6070R,Purchase and Delivery of Turf 29 16F1• Collier County Ac1:1",S ail Sry sC.,.s= ur:ha-c.' Attachment 6:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes), Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information) Taxpayer Name Le S Sock (as shown on income tax return) Business Name (if different from taxpayer name) Address 3ie t a 6c(5 he. 7r. re_ City L)cp ie 5 State I r o n c/t,- Zip 1011 a Telephone r?3ct 7 33-co 13 i FAX c3 3`t 733. i C C Email 7 ir�r+y l+� 1#o sod 1-'41wmigIfo Scrd, r'r4k- Order Information Remit f Payment Information Address %ekelat Address So-rm-F-- City State Zip City State Zip FAX FAX Email Email 2. Company Status(check only one) Individual i Sole Proprietor "-Corporation _Partnership _Tax Exempt(Federal income tax-exempt entity ✓ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Ci' Enter the tax classification (D=Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) ,-)(,- .A3 Le T�( (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form:Certification:Under penalties of perjury, I certify that the information shown on this farm is correct to my knowledge. Signature !(MY'a.c c.. Date G 1 ►3 Title Phone Number ( ) 73 c.h 31 #13.60708,Purchase and Delivery of Turf 30 16F . 1 Collier County Adrrista:a•e Senses Dv:7 P.;sE17; Attachment 6:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General information(provide all information) Taxpayer Name Let,`5 SocA (as shown on income tax return) Business Name (if different from taxpayer name) Address Sto f 3 60._,15 here. parer City (...,'c>p le 5 State floriCJt� Zip �4iI a Telephone�3ct 734-to 131 FAX a act 13d- I:CC Email T+nrr`.i ( 1 Sod) ne'r Pasoh41 fFoScd, r`eIt- Order Information Remit 1 Payment Information Address Sau rpt Address So-lrR- • City State Zip City State Zip • FAX FAX Email Email 2. Company Status(check only one) ,Individual/Sole Proprietor ."-Corporation _Partnership iTax Exempt(Federal income tax-exempt entity ✓ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Ci Enter the tax classification (D=Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 4 4 fC 7 c( (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form: Certification:Under penalties of perjury, i certify that the information shown on this form is correct to my knowledge. Signature Date G'd`s f3 Title Phone Number e.,1i) 73: 6.f 31 #13-6070R,Purchase and Delivery of Turf 30 16F Cliier County Adnra nistratrve Senri:.es:Jvi sicn up: sirq • Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type 1. ®WorkRequired Limits Worker's Statutory Limits of Florida Statutes,Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements ✓ 2. ® Employer's Liability $500,000 single limit per occurrence yam` 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors;Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs,including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. X Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury&Property Damage, '/ Owned/Non-owned/Hired;Automobile Included 5. 0 Other insurance as 0 Watercraft $ Per Occurrence noted: ❑United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate 1 6 F .1 • $2,000,000 per claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence • ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award,and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided,however, the surety shall be rated as NA-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus,all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners,OR, Board of County Commissioners in Collier County, OR Collier CoUnty Government, OR Collier County (or Airport Authority or Collier MPO). 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. 11. ►:4 Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)days of the award of this solicitation. Name of Firm C '5 c) rt L/ Date (a-�3�-/3 Vendor Signature /Cr%f Print Name j cL rrr.cy c__ -t— Insurance Agency C Qin, ..!raJ\ v c.-rIC L_ Agent Name 61 P-Or r,h c Telephone Number((30 c lc d 7/ 7 J 1 16F .,:i. Co ler County Administrative Services Division Purchasing June 16, 2014 Ms. Tamara Hurt, President Leo's Sod, Inc. 3612 Bayshore Drive Naples, FL 34112 FAX: 732-8131 Email: tammv(aleosod.net RE: Contract Renewal for#13-6070R"Purchase&Delivery of Turf Dear Ms. Hurt: Collier County would like to renew the above agreement under the same terms and conditions for one(1) additional year in accordance with the renewal clause in the agreement.This renewal is contingent upon Project Manager approval. If you are agreeable please indicate your intentions by providing the information as requested below I am agreeable to renewing the above referenced contract under the same terms,conditions,andig as the existing contract The following attached documentation must be provided with response. W:ir4*. Y adt-e %.r.cA._.cr. J-- I am not agreeable to renewal of this contract. By signature this contract will be in effect from September 10,2014 through September 9, 2015. Please take a moment to review the Collier County Online Bidding System and refresh your business profile information. Log into the County's site at: htto://bid.colliergov,net/bid/, select My Profile and My Commodities, and review information and commodities to ensure they accurately reflect your business. r Y ilk r , ,-' "t \N PurdashgtDepartment•3327 Taniami Trail Ess!•Naples,Florida 34112-4901•www.ccAiergov netlpurchasing 1 6 F I Page 2 of 2 RE: Contract Renewal for#13-6070R"Purchase& Delivery of Turf Please return this letter to the Purchasing Department with your response at your earliest convenience. If you have any questions you may contact Brenda Reaves at 239-252-6020, email brendareaves( collieroov.net or FAX 239-252-6592. C C e.v.R.lj n co l or►@ collier• v.No- Respectfully, Markiewicz Director—Procurement Services y v wt y 9 ,y ST -; r�Ce6 i ttCc Ctit t}d3°meg 4se tr.-77,--;FmEr Name of Company Company Signature ------ (Corporate Officer) / f GLLGL j_ivfr Print Corporate Officer Name Signature Date a /��� 5: +Si �f`d.� u lY$ ?S con* •*2, ' (In ord :ARCO ;sueroursa i• "'7� � �? ..2� ....i . Contact Name Frcd 11vrfi Telephone Number a.3`t 7301. 413/ rikcIs a3er 2-SQ ofy FAX Number 6)-3ej 73d- ffrOv Email Address II .Qsrm Q 1ecsoc). , @ kosar•f .L Flue( Q koscd-rkf Address 3(,0. 8a.4tsA. l r kJ pLio, fl 344 a- J C: JR Gorentz, Project Manager, Road& Bridge Collier County BCC 7/6/2015 11:14:50 AM PAGE 3/004 Fax Server 1 6 F Caer County, Administrative Services Division Procurement Services July 2, 2015 Ms.Tamara Hurt, President Leo's Sod, Inc. 3612 Bayshore Drive Naples, FL 341-12 FAX: 732-1800 Email:tammyleosod.net RE: Contract Renewal for#13-6070R"Purchase& Delivery of Turf Dear Ms. Hurt: Collier County would like to renew the above agreement under the same terms and conditions for one E1)additional year in accordance with the renewal clause in the agreement.This renewal is contingent upon Project Manager approval. If you are agreeable please indicate your:ntentions by providing the information as requested below: I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. The following attached documentation must be provided with response. « Provide updated and current insurance certificate (3.-16.c,hc) v✓ l am not agreeable to renewal of this contract. By signature this contract will be in.effect from September 10. 2015 until September 9, 2016. Please take a moment to review the Collier County Online Bidding System and refresh your business profile information. Log into the County's site at: http:!/bid-cgilierpov net!b di,select My Profile and My Commodities. and review information and commodities to ensure they accurately reflect your business. es •ei i r:Iniv ?:rAee vi stereo r i',t•n2 Ta'i..n i?+'of;E•1$1.`acices, .141 I�.:W1•:164?;.::a;i�typ Collier County BCC 7/6/2015 11:14 :50 AM PAGE 4/004 Fax Server 16F 1 Page 2 of 2 RE: Contract Renewal for#13-6070l 'Purchase&Delivery of Turf" Piease return this letter to the Purchasing Department with your response and insurance certificate at your earliest convenienceIf you have any questions you may contact Lissett De La Rosa at 239-252-6020,email lissettdelarosacc colliercov.net or FAX 239-252-2860 or 239- 732-0844. Respectfully, Joanne ltitarkiewicz '`•'=?t Director--Procurement Sery;cikie- .: Acceptance of Contract Renewal Name of Company Lec5 Company Signature ( ;Corporate Officer)_....._ -777:010.-ei- /U? t Inc'S..._—....__...-.__ Print Corporate Officer Name _ la'Y1(-L_r. I-14'v t-,rir•� Signature Date 1 _ Updated Contact Information_ fin order to make sate our contact-inforrnationis current.) Contact Name Telephone Number FAX Number Email Address Address C: Diane Lynch, Road Maintenance