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#16-6575 (Florikan-EAS, LLC)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP� TO ACCOMPANY ALL ORIGINAL DOCUMENT �`ni,'FI( i_C 1W �E, THE BOARD OF COUNTY COMMISSIONERS OFFICE I ' `f ' ' Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forvv4ftlAttorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in c o t ey Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP RIB* Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alre y comp ete 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. Routed by Procurement Services to the Office Initials Date Following Addressee(s) (In routing order) 1. Risk Risk Management , u 1> 2. County Attorney Office County Attorney Office BCC Office Board of CountyCommissioners 3. C 4. Minutes and Records Clerk of Court's Office (714/ 1113117 113 17 3:330( 5. Return to Procurement Services Division Procurement Services Contact: Viviana Giarimoustas 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 Barbara Lance 1/09/17 Phone Number 239-252-8998 Procurement Staff Contact and Date Agenda Date Item was 12/13/16 q,.- Agenda Item Number 16A36 Approved by the BCC Y Type of Document Contract v Number of Original 1 IV Attached Documents Attached PO number or account N/A Solicitation/Contract 16-6575 Purchase and number if document is Number/Company Delivery of Fertilizer ,-"' to be recorded Name Florikan-E.S.A. LLC 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? BL 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be B signed by the Chairman,with the exception of most letters,must be reviewed and signed1011* by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip ' �� 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 the date above 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 VBCC,all changes directed by the BCC have been made,and the document is ready for the %P 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 MEMORANDUM Date: January 17, 2017 To: Barbara Lance, Purchasing Technician Procurement Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #16-6575 — Purchase and delivery of Fertilizer Florikan-EAS, LLC Attached for your records is an original of the referenced contract above, (Item #16A36) adopted by the Board of County Commissioners on Tuesday, December 13, 2016. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment Detail by Entity Name Page 1 of 2 Flt 1319 )ep3( ffl Jib 8IS 11 .ii P'P JP CORPORATIONS rg I , 1e Department of Slate / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Florida Limited Liability Company FLORIKAN-E.S.A., LLC Filing Information Document Number L09000123140 FEI/EIN Number 27-1672891 Date Filed 12/30/2009 Effective Date 04/28/1982 State FL Status ACTIVE Last Event CONVERSION Event Date Filed 12/30/2009 Event Effective Date NONE Principal Address 6801 Energy Court Suite 100 SARASOTA, FL 34240 Changed: 01/13/2015 Mailing Address 6801 Energy Court Suite 100 SARASOTA, FL 34240 Changed: 01/13/2015 Registered Agent Name&Address KURLAND, DANIEL R ONE SOUTH SCHOOL AVE., SUITE 500 SARASOTA, FL 34237 Authorized Person(s)Detail Name&Address Title MGR ROSENTHAL, JONATHAN 6801 Energy Court Suite 100 SARASOTA, FL 34240 4n://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 12/14/2016 Detail by Entity Name Page 2 of 2 Title MGR ROSENTHAL, ERIC 6801 Energy Court Suite 100 SARASOTA, FL 34240 Annual Reports Report Year Filed Date 2014 01/09/2014 2015 01/13/2015 2016 01/25/2016 Document Images 01/25/20'16--ANNUAL.REPORT View image in PDF format 01/13/2015—ANNUAL REPORT View image in PDF format 01/09/2014--ANNUAL REPORT View image in PDF format 04/25/2013--ANNUAL REPORT View image in PDF format 04/12/2012--ANNUAL REPORT View image in PDF format 04/27/2011--ANNUAL REPORT View image in PDF format 04/29/2010 ANNUAL REPORT View image in PDF format ............................... 12/30/2009--Florida Limited Liability View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 12/14/2016 it AGREEMENT16-6575 for Purchase and Delivery of Fertilizer THIS AGREEMENT, made and entered into on this 1341 day of bestraber 2016, by and between Florikan-E.S.A. LLC, Contractor, authorized to do business in the State of Florida, whose business address is 6801 Energy Ct. Ste 100 Sarasota, Florida 34240, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on Date of Board award and terminating on (1) year from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order. 3. STATEMENT OF WORK. The Contractor shall provide Sale and Delivery of Fertilizer in accordance with the terms and conditions of Invitation to Bid (ITB) #16-6575, Exhibit A — Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 12 Agreement#16-6575"Purchase and Delivery of Fertilizer" Florikan-E.S.A. LLC 0 4. THE AGREEMENT SUM. The County shall pay the Contractor for the units actually ordered and furnished at the unit price in Exhibit B — Price Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the Road and Bridge Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. 4.2 Any County agency may obtain products/services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. 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. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Florikan-E.S.A. LLC 6801 Energy Court, Suite 100 Sarasota, FL 34240 Telephone: 941-379-4048 Fax: 941-377-3633 Attn: Brian Patterson, Vice President All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Page 2 of 12 Agreement#16-6575"Purchase and Delivery of Fertilizer" Florikan-E.S.A. LLC :. (>,, , { Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 3 of 12 Agreement#16-6575"Purchase and Delivery of Fertilizer" Florikan-E.S.A. LLC 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Pollution: Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County Government, Collier County, Collier County Board of County Commissioners, or Board of County Commissioners in Collier County, shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire Page 4 of 12 Agreement#16-6575"Purchase and Delivery of Fertilizer" Florikan-E.S.A. LLC 5j until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road and Bridge Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ITB #16-6575 Scope of Work Exhibit A — Scope of Work, Exhibit B — Price Schedule and any subsequently quotes. Page 5 of 12 Agreement#16-6575"Purchase and Delivery of Fertilizer" Florikan-E.S.A. LLC 415 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be Page 6 of 12 Agreement#16-6575"Purchase and Delivery of Fertilizer" Florikan-E.S.A. LLC 0 inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall Page 7 of 12 Agreement#16-6575"Purchase and Delivery of Fertilizer" Florikan-E.S.A. LLC be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the Agreement on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which Page 8 of 12 Agreement#16-6575"Purchase and Delivery of Fertilizer" Florikan-E.S.A. LLC 0 their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPSpcolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. * * * * * Page 9 of 12 Agreement#16-6575"Purchase and Delivery of Fertilizer" Florikan-E.S.A. LLC IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER OUNTY, FLORIDA Dwight E. Brocic,:Glerk of Courts Bytl (�. AW By: 41/ 3 Donna Fiala, Chairman Dated: It> i� � , (SEAL); `t . , Attest as.to Chairman's signature only. Florikan E.S. - Contractor. 011.°P i By; s� iw♦o. First ltness Signature .FOC u/ 7R2E ->0 7 7 tType/print witness name1 TType/print signature mnd titiel r'i/1►. Se e ` itnes ype/print witness name Approv as to.Fo nd Legality: aw. - Avi, C unty Attorney Print Name Page 10 of 12 Agreement#16-6575"Purchase and Delivery of Fertilizer" Qf Flortkan-E S A L.L:C Exhibit A- Scope of Work 1. Specifications: Orders for fertilizer may be requested from multiple County Divisions and the Contractor shall be required to deliver the product to various locations throughout the County. Note: Items listed as "bag" must be water resistant bags. The Contractor unit pricing shall be inclusive of all labor, equipment, materials, delivery/shipping/freight charges, product returns, packing, transportation and services as specified in the specifications. All fertilizers awarded shall comply with Florida Administrative Code, Chapter 5E- 1. The Contractor shall provide: 1.1 Contractor Contact Information Contractor shall provide the Division with key personnel that will be the account representative(s) and main points of contact for order placements, inquiries, and deliveries. 1.2 Ordering The County shall provide the Contractor with a purchase order (PO) prior to or with order placement. Product will be ordered on an "as needed" basis. a. Divisions shall contact the Contractor and provide the bid line item including the product name and description, order quantity, and delivery location. b. Contractor shall immediately notify the ordering Division if a product ordered is out-of-stock or on backorder for more than three (3) days. For any product that is not available at order placement from the Primary Contractor, the Division may place an order with the Secondary, then Tertiary Contractors, if needed. Once product is back in stock and available, the Primary Contractor will be used for future purchases. 1.3 Delivery a. Shipments shall be "Free on Board" (FOB) Destination. b. Contractor shall deliver product within three (3) business days from the order date. c. The Divisions shall be the final authority on any issues that may arise as to the quality and acceptability of any products or services under the resultant contract. If, in the opinion of a Division representative, any part of the Contractor's delivery performance or products become unsatisfactory, there will be no cost to the County to resolve the issues. Any delivered product found to be defective or incorrect shall be returned to the Contractor at their expense. The Contractor shall complete any additional deliveries at no cost to the County to resolve the issue. 2. Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets (MSDSs): The Hazard Communication Standard (HCS) requires chemical manufacturers and distributors to provide SDSs so consumers are aware of the hazards of hazardous chemicals, chemical compounds, and chemical mixtures. SDSs shall be included with every delivery. Page l 1 of 12 Agreement#16-6575"Purchase and Delivery of Fertilizer" Florikan-E.S.A. LLC CIO Exhibit B- Price Schedule ITEM A. FERTILIZER UOM PRICE PRODUCT NAME/DESCRIPTION 41 28-0-12-180-LND, Florikan 6 Month Turf &Shrub 501b/Bag $ 28.50 42 29-0-1 1-180-LND Florikan 6 Month Turf Blend 501b/Bag $ 28.50 46 43-0-0 66%Slow Release 501b/Bag $ 20.50 56 8-2-12-090-LND-CC, Florikan Custom 8-2-12 with added 501b/Bag $ 23.50 S, Mn, and Chelated Fe 58 FLORIKAN-MAX+MN+S, Florikan Homogeneous Sulfate 501b/Bag $ 51.50 and Sucrate mix with added MN and S 59 FLORIKAN-TTL+MN+S+B, Florikan Homogeneous Sulfate 501b/Bag $ 64.50 Minors with added B, S,MN, and Chelated Fe 60 FLORIKAN-TTL+MN-090B, 501b/Bag $ 62,00 Florikote Coated 70 8-2-12 Florikote Collier Palm Blend 501b/Bag $ 38.25 71 8-2-12 Florikote Advantage Blend 501b/Bag $ 36.25 Page 12 of 12 Agreement#16-6575"Purchase and Delivery of Fertilizer" Florikan-E.S.A. LLC ".-_—.., ® DATE(MM/DD/YYYY) "AM 12 o CERTIFICATE OF LIABILITY INSURANCE 12/15/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on w this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c PRODUCER CONTACT "CS NAME: Aon Risk Services, Inc of Florida PHONE FAX .. 1001 Rri ckell Bay Drive (A/C.No.Ext): -283-7122 (A/C.No.): (800) 363-0105 'O Suite 1100 E-MAIL Mi ami FL 33131 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Philadelphia Indemnity Insurance Company 18058 Flori kan E.S.A. LLC INSURER B: AIG Specialty Insurance Company 26883 6801 Energy Court Suite 100 INSURER C: Sarasota FL 34240-9391 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570064758212 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested )NSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD (MM/DDM/YY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y EG18305663 06/01/2016 06/01/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE I X I OCCUR PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $25,065 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 co X POLICY I I PJECOT LOC PRODUCTS•COMP/OP AGG $2,000,000 pa OTHER: Pollution Liab $1,000,006 n A AUTOMOBILE LIABILITY PHPK1501289 06/01/2016 06/01/2017 COMBINED SINGLE LIMIT $1,000,000 m (Ea accident) .. X ANY AUTO BODILY INJURY(Per person) o OWNED —SCHEDULED BODILY INJURY(Per accident) d AUTOS ONLY _ AUTOS [0 HIRED AUTOS NON-OWNED PROPERTY DAMAGE ONLY —AUTOS ONLY w (Per accident) Comprehensive Deduct $500 t lU UMBRELLA LIAB OCCUR EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE DED [RETENTION WORKERS COMPENSATION AND PER OTH- EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT n DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ~L RE: For any and all work performed in Collier County 0 Collier county and Collier County Commissioners are included as Additional Insured in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 9-_3` EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. -.. ..• Collier Board of County Commissioners AUTHORIZED REPRESENTATIVE 3299 Tamiami Trail East, suite 700 Naples FL 34112-5749 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000060676 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of AGENCY NAMED INSURED Aon Risk Services, Inc of Florida Florikan E.S.A. LLC POLICY NUMBER See Certificate Number: 570064758212 CARRIER NAIC CODE See Certificate Number: 570064758212 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. 66R ADDL SUER POLICY POLICY LTR TYPE OF INSURANCE INSU WYD POLICY NUMBER EFFECTIVE EXPIRATION LIMITS DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY A PHPK1501289 06/01/2016 06/01/2017 collision $1,000 Deductible ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD FLORII2 OP ID: 25 ,4`oRo. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YVYY) 01/04/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Julie Baize Brown&Brown of Florida,Inc. PHONE g00 FAX -421-2803 240 S.Pineapple Ave Suite 301 (A/C.No.Ext): (A/C,No): 941-893-2300 Sarasota,FL 34236 AIL ADDRESS:jbaize@bbsarasota.com Larry Robbins INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Guarantee Insurance Company 11398 INSURED Florikan ESA,LLC INSURER B: 6801 Energy Court,Suite 100 INSURER C Sarasota, FL 34240 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IS LTR TYPE OF INSURANCE INSD jyp[D POLICY NUMBER (MM/DD//YYYY) (MM/DDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ _ $ WORKERS COMPENSATIONPER )11-1- AND EMPLOYERS'LIABILITY X STATUTE X ER YIN A ANY PROPRIETOR/PARTNER/EXECUTIVE WCP102068501 GIC 12/19/2016 12/19/2017 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 • DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION COLLCOI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 3299 Tamiami Trail E,Ste.700 AUTHORIZED REPRESENTATIVE Naples,FL 34112-5749 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD