Agenda 12/12/2017 Item #11CProposed Agenda Changes
Board of County Commissioners Meeting
December 12, 2017
Continue Item 11C to the January 9, 2018
BCC Meeting: Recommendation to waive
competition as a single source vendor and
award a contract to US Submergent
Technologies in an estimated amount of
$1,000,000 for the removal of sand, grit and
debris at the North County Water
Reclamation Facility resulting from
Hurricane Irma recovery operations under
Project No. 50154. (Staff’s request)
Move Item 17M to Item 9B: Recommendation to adopt an ordinance reestablishing the
County Government Productivity Committee. (Commissioner Taylor and Commissioner
Solis’ separate requests)
Move Item 16A29 to Item 11K: Recommendation to authorize the publication of Collier
County’s notice of intent to utilize the uniform method of collecting non-ad valorem assessments
in unincorporated Collier County in accordance with F.S. 197.3632(3)(a), in consideration and as
part of the Stormwater Utility Phase II process. (Commissioner McDaniel’s request)
Move Item 16E14 to Item 11L: Recommendation to replace and supersede the Florida
Forestry Service Cooperators Agreement dated July 1988 with the Florida Department of
Agriculture and Consumer Services with a new Memorandum of Understanding Agreement for
the statutory defined Forestry and wildfire services to include expanded mitigation services and
financial contributions (Fiscal Impact $75,000). (Commissioner McDaniel’s request)
Move Item 16C5 to Item 11M: Recommendation to approve payment in the amount of
$344,862 to Ashbritt Environmental for food services procured as a result of Hurricane Irma.
(Commissioner McDaniel’s request)
12/12/2017
EXECUTIVE SUMMARY
Recommendation to waive competition as a single source vendor and award a contract to US
Submergent Technologies in an estimated amount of $1,000,000 for the removal of sand, grit and
debris at the North County Water Reclamation Facility resulting from Hurricane Irma recovery
operations under Project No. 50154.
OBJECTIVE: To remove sand, grit and debris at the North County Water Reclamation Facility
(NCWRF) to maintain continued wastewater treatment operations.
CONSIDERATIONS: The proposed scope of work under Project No. 50154 is consistent with the
Capital Improvement Program (CIP) contained in the 2017 Water, Wastewater, Irrigation Quality Water,
and Bulk Potable Water Master Plan/CIP Plan approved by the Board of County Commissioners (Board)
on November 10, 2015, as Agenda Item 9C, Appendix III of the 2015 AUIR/CIE. Funding is available
in, and is consistent with, the FY2018 CIP Budget.
On September 10, 2017, Hurricane Irma caused the loss of electrical power throughout the county’s
wastewater service area. This required the use of approximately 125 wastewater pumper trucks furnished
by local and emergency contractors as well as standby generators and diesel pumps to maintain the
system. The wastewater pumper trucks were dispatched to wastewater pump stations that were without
power to remove wastewater and transport it to other wastewater pump stations that had stand -by
generator power and to the county's wastewater treatment plants.
Six manholes within the NCWRF site were used to empty the wastewater from the pumper trucks.
Conveyed wastewater flowed to an internal pump station that bypasses the plant's screening and grit
removal operations. Upon completion of Hurricane Irma emergency operations, NCWRF staff noticed a
significant quantity of grit accumulation. Staff attributed the grit to the pumper truck operations since grit
removal operations were performed this past spring by US Submergent Technologies (USST) as a
subcontractor to one of the county’s fixed term underground contractors. Grit removal operations were
also performed six years ago. The accumulation of this material adversely impacts plant operations as it
restricts flow, reduces capacity to treat wastewater and increases wear and tear of the treatment equipment
due to the abrasive nature of the grit. The South County Water Reclamation Facility (SCWRF) does not
have the same configuration as the side stream enters the treatment process before the grit system.
USST estimates there are 570 tons of sand, grit and debris accumulated at the NCWRF. At a rate of
$1,660/ton, removal costs are expected to be a maximum amount of approximately one million dollars
(1,000,000). A third-party opinion provided by Stantec Consulting Services, Inc., (Attachment 1)
supports staff’s assessment. USST utilizes patented equipment to perform this work as outlined in
Attachment 2. Because USST is uniquely qualified to perform this work, staff is requesting an
Exemption from Competition so that these unique services can be acquired directly from the vendor
without markup by fixed-term contractors. Staff researched other vendors that could possibly perform
this work and found only one other potential alternative vendor revealed its equipment to have
approximately one third the capacity of USST.
Pursuant to Section Eleven, sub-paragraph 11 of the Collier County Procurement Ordinance 13-69, as
amended, Staff request that the Board of County Commissioners find that it is in the best interest of the
county to waive formal competition and all labor, supervision, material, and equipment for the removal of
sand and grit/rag from various structures from USST as a single source vendor.
FISCAL IMPACT: Costs are expected not to exceed a maximum amount of approximately one million
12/12/2017
dollars ($1,000,000). A budget amendment is required to move $1,000,000 from Water Reclamation
Facilities Project 70148 to Project No. 50154 (Hurricane Irma). Staff analyzed current and future needs
to be funded from the cited project to assure that the budget amendment will not affect current and future
financial commitments.
Because the additional sand, grit and debris was a result of Hurricane Irma emergency operations, the
project should be eligible for public assistance through the Federal Emergency Management Agency
(FEMA). The County will be submitting a Project Worksheet (PW) seeking 75% reimbursement. Site
visits have been held with the county’s FEMA consultant, and staff has begun consultation with FEMA
representatives in anticipation of applying for reimbursement.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the viability of public facilities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. -SRT
RECOMMENDATION: To approve the Exemption from the Competitive Process as a single source
waiver for US Submergent Technologies, LLC for a period of one year, and authorize the chairman to
execute the agreement and authorize the necessary budget amendment.
Prepared by: Craig Pajer, P.E., Public Utilities Engineering and Project Management, Principal Project
Manager
ATTACHMENT(S)
1. Attachment 1 - North County Emergency Grit_ltr_20171025 final (DOCX)
2. Attachment 2 - USST Exclusivity Explanation September 2017 (PDF)
3. Attachment 3 - 18-7270-WV General Service Agreement-signed by Contractor 120617 258
(PDF)
4. Attachment 4 - Waiver Request 272 - Environmental Products (PDF)
5. Attachment 5 - USST Business Case (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C
Doc ID: 4100
Item Summary: Recommendation to waive competition as a single source vendor and award a
contract to US Submergent Technologies in an estimated amount of $1,000,000 for the removal of sand,
grit and debris at the North County Water Reclamation Facility resulting from Hurricane Irma recovery
operations under Project No. 50154. (Steve Messner, PUD Water Division Director)
Meeting Date: 12/12/2017
Prepared by:
Title: Project Manager, Principal – Public Utilities Planning and Project Management
Name: Craig Pajer
12/05/2017 5:30 PM
Submitted by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
12/05/2017 5:30 PM
Approved By:
Review:
Procurement Services Michael Cox Additional Reviewer Skipped 12/06/2017 9:41 AM
Procurement Services Michael Cox Additional Reviewer Skipped 12/06/2017 9:44 AM
Procurement Services Michael Cox Level 1 Purchasing Gatekeeper Skipped 12/06/2017 9:44 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 12/06/2017 10:12 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 12/06/2017 10:22 AM
Water Steve Messner Additional Reviewer Completed 12/06/2017 10:47 AM
Grants Erica Robinson Level 2 Grants Review Completed 12/06/2017 11:05 AM
Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 12/06/2017 11:16 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 12/06/2017 2:34 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 12/06/2017 3:05 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/06/2017 3:13 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 12/06/2017 3:16 PM
Grants Therese Stanley Additional Reviewer Completed 12/06/2017 3:24 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/06/2017 4:12 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/06/2017 4:19 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
October 29, 2017
Stantec Consulting Services
5801Peli can Bay Boulevard Suite 300, Naples FL 34108-2709
Craig Pajer, P.E.
Principal Project Manager
Public Utilities Engineering and Project Management
3339 Tamiami Trail East, Suite 301
Naples, FL 34112
Dear Mr. Pajer:
We have reviewed the scope of work and quote prepared by U.S. Submergent Technologies,
dated October 12, 2017 for emergency work at the North County Water Reclamation Facility
(NCWRF). The scope of work includes removal of the sand, grit and rags at the headworks,
return mixed liquor effluent pits, return activated sludge influent pits and channels that
accumulated during the emergency operations at the WWTP following Hurricane Irma.
The quote assumes a four-man crew, working 10 hours per day, for 26 days. The daily rate of
$10,103 for labor and eq uipment is within the expected range for this type of emergency work.
The estimated unit cost ($ 354,228/ 275 tons) is $1288 per ton, which is also within the expected
range for this type of emergency work.
We understand that the $50,000 allowance is for unforeseen conditions, change in quantities, or
more labor efforts if the rags are impacted and its usage requires County approval at the time
the work is being completed.
We also understand and have confirmed that the contractor’s disposal efforts, disposal site
location and the disposal rates have already been established.
Lastly, since this is a Time and Material Contract, we recommend that the contractor’s
production (tons per day) be monitored daily.
Should you have any additional questions, please do not hesitate to contact me directly.
Sincerely,
David Hackworth, P.E .
Director, O&M Services
U.S. SUBMERGENT
TECHNOLOGIES
September, 2017
To Whom It May Concern:
This letter certifies that the Combination'® Truck is manufactured for use exclusively by U.S.
Submergent Technologies, LLC. (USST). USST owns the intellectual property and is the original
equipment manufacturer. And no division of USST, or any other company, makes a similar or competing
product. Service personnel operating this equipment can only be authorized by USST.
This product (and all replacement components) and the related services it provides can only be
purchased directly from USST to ensure proper operation and use. There are no other agents or dealers
authorized to represent this product, replacement parts, or services performed by this proprietary
product in Florida. Competition is precluded by the fact that U.S. Submergent Technologies, LLC is the
holder of multiple patents (pending) and licenses giving USST exclusive rights to the Combination3®
Truck and the GritGone ProcesssM
USST possesses exclusive ownership rights to the Combination'® Truck and the GritGone ProcesssM, and
all related intellectual property. There is no other like item or process available for lease or purchase,
which would possess the same specifications or utilize an identical process. Our equipment has only
been available on the market since December 2012. As proprietary equipment, our trade secrets and
know-how are confidential.
The Combination 3® Truck and GritGone Process sM are unique for the following reasons:
• Utilizes a proprietary hydraulically -driven submersible pump capable of 3500 gpm (downhole
pumping system)
• Utilizes a dripless tube system capable of vacuum and pumping conditions
• Combination3® Truck consists of vacuum, jetting and dredging (or pumping) capabilities on a
single mobile unit
• Utilizes proprietary connections uniquely designed to provide for vacuum and pumping dynamic
pressures
• Utilizes a proprietary GritGone Process sM to separate and retain solids while returning decant
water
Removes debris from submerged and surcharged conditions
• Service provided while wastewater collection and treatment systems remain in full operation
USST restores the capacity of wet infrastructure and is the leader in Submergent cleaning.
Should you have questions or concerns please do not hesitate to contact me directly at 941.216.0149
!r J VAttler, Jr.
Executive Officer Formerly
www.ussubmergent.com 235 N. Orange Ave, Suite 201 Sarasota, FL 34236 , POLSTON
GENERAL SERVICE AGREEMENT
(NON -SOLICITATION)
#18 -7270 -WV
for
GRIT AND DEBRIS REMOVAL SERVICES
THIS AGREEMENT, made and entered into on this day of 2017,
by and between U.S. Submergent Technologies, LLC; d/b/a Polston Applied Technologies,
LLC authorized to do business in the State of Florida, whose business address is 6450
University Blvd., Unit #1, Winter Park, FL 32792, (the "Contractor") and Collier County Board
of County Commissioners, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing
® upon the date of Board approval ❑ , and terminating one (1) year
from that date or until all outstanding Purchase Order(s) 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
0 (0) additional 0 (0) year period(s). 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 ® Notice to Proceed.
3. STATEMENT OF WORK. The Contractor, as a Elsole source, ® single source, an Elexemption and shall provide/purchase all labor, supervision, material, and equipment
for the removal of sand and grit/rag from various structures as requested by
County Division in accordance with ❑ the terms and conditions of this Agreement ❑
Exhibit B — Scope of Services, attached to this Agreement ❑ Exhibit B — Scope of
Services, attached to this Agreement and Contractor's proposal referred to herein and
made an integral part of this Agreement.
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General Service Agreement Non -Solicitation #2017-004 (Ver. l)
3.1 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.
3.2 The execution of this Agreement shall not be a commitment to the Contractor that
any minimum or maximum. The County shall order items/services as required but makes
no guarantee as to the quantity, number, type or distribution of items/services that will be
ordered or required by this Agreement.
4. THE AGREEMENT SUM.
❑ The County shall pay the Contractor for the performance of this Agreement an
estimated maximum amount of ($ ), per
County fiscal year, based on units/services furnished per Exhibit A- Fee 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 County's Contract
Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act".
❑ The County shall pay the Contractor for the performance of this Agreement based
on Exhibit A- Fee 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 County's Contract Administrative Agent/Project Manager, and in compliance with
Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment
Act".
® The County shall pay the Contractor for the performance of this Agreement an
estimated maximum amount of One Million Dollars and 00/100 ($1,000,000), per
County fiscal year, based on units/services furnished pursuant to the quoted priced
offered by the Contractor in response to a specific Request for Quotation and pursuant to
Price Methodology in Section 4.1.
4.1 Price Methodology (as selected below):
® Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the contractor; and, as a business practice there are no
hourly or material invoices presented, rather, the contractor must perform to the
satisfaction of the County's project manager before payment for the fixed price contract
is authorized.
❑ Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
which it is not possible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
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General Service Agreement Non -Solicitation #2017-004 (Ver. 1)
these contracts include back-up documentation of costs; invoices would include number
of hours worked and billing rate by position (and not company (or subcontractor)
timekeeping or payroll records), material or equipment invoices, and other reimbursable
documentation for the project.
❑ 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 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.
4.4 ❑ (check if applicable) Travel and Reimbursable Expenses: Travel and
Reimbursable Expenses must be approved in advance in writing by the County. Travel
expenses shall be reimbursed as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage
$0.44.5 per mile
Breakfast
$6.00
Lunch
$11.00
Dinner
$19.00
Airfare
Actual ticket cost limited to tourist or coach
class fare
Rental car
Actual rental cost limited to compact or
standard -size vehicles
Lodging
Actual cost of lodging at single occupancy rate
with a cap of no more than $150.00 per night
Parking
Actual cost of parking
Taxi or Airport Limousine
Actual cost of either taxi or airport limousine
Reimbursable items other than travel expenses shall be limited to the following: telephone
long-distance charges, fax charges, photocopying charges and postage. Reimbursable
items will be paid only after Contractor has provided all receipts. Contractor shall be
responsible for all other costs and expenses associated with activities and solicitations
undertaken pursuant to this Agreement.
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General Service Agreement Non -Solicitation #2017-004 (Ver. 1)
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.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: U.S. Submergent Technologies, LLC
d/b/a Polston Applied Technologies, LLC
Address: 6450 University Blvd., Unit 1
Winter Park, FL 32792
Authorized Agent: Denver Stutter, Jr., CEO
Attention Name & Title: Randy Cordrey, Business Development Manager
Telephone: (850) 321-4337
E-Mail(s): rcordrey(a)-ussubmergent.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Tom Chmelik
Division Name: Public Utilities Engineering & Project Management
Address: 3339 Tamiami Trail East, Suite 303
Naples, Florida 34112-5361
Administrative Agent/PM: Craig Pajer, Principal Project Manager
Telephone: (239) 252-4059
E-Mail(s): Craig Paler(a-colliergov.net
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
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General Service Agreement Non -Solicitation #2017-004 (Ver. 1) �,�Q
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.
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.
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General Service Agreement Non -Solicitation #2017-004 (Ver. 1)
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 $1,000,000 for
each accident.
D. ❑ Professional Liability: Shall be maintained by the Contractor to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Contractor waives its right of recovery against County as to any claims under
this insurance.. Such insurance shall have limits of not less than $ each
claim and aggregate.
E. ❑ Cyber Liability: Coverage shall have minimum limits of $ per claim.
F. ❑ : Coverage shall have minimum limits of $ per
claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
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 thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) 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 the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, 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
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General Service Agreement Non -Solicitation #2017-004 (Ver. 1)
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 Public Utilities Engineering and Project Management 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), ❑ Exhibit A Fee Schedule,
❑ Exhibit B Scope of Services, ® subsequent quotes, and ® Other Exhibit/Attachment:
Grant Documents.
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 lll, 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.
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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
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
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General Service Agreement Non -Solicitation #2017-004 (Ver. 1)
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 Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
21. PAYMENTS WITHHELD. The County may decline to approve any Application for
Payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The Contractor may nullify the whole or
any part of any approval for payment previously issued and the Contractor may withhold
any payments otherwise due Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
22. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus materials,
and shall leave the Project site clean.
23. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor 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.
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General Service Agreement Non -Solicitation #2017-004 (Ver. 1)
24. ® WARRANTY. Contractor expressly warrants that the goods, materials and/or
equipment covered by this Agreement will conform to the requirements as specified, and
will be of satisfactory material and quality production, free from defects, and sufficient for
the purpose intended. Goods shall be delivered free from any security interest or other
lien, encumbrance or claim of any third party. Any services provided under this Agreement
shall be provided in accordance with generally accepted professional standards for the
particular service. These warranties shall survive inspection, acceptance, passage of title
and payment by the County.
Contractor further warrants to the County that all materials and equipment furnished under
the Contract Documents shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after
receipt of written notice from the County. Contractor shall also be responsible for and pay
for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. These warranties are in addition to those implied
warranties to which the County is entitled as a matter of law.
25. ® TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws,
ordinances, rules or regulations of any public authority having jurisdiction over the Project
requires any portion of the Work to be specifically inspected, tested or approved,
Contractor shall assume full responsibility therefore, pay all costs in connection therewith
and furnish to the County the required certificates of inspection, testing or approval. All
inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the County.
26. ® PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
to replace such loss or damage shall be deducted from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
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General Service Agreement Non -Solicitation #2017-004 (Ver. 1)
27. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form
specifications shall be approved in writing by the County in advance.
28. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
29. 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.
30. 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.
31. 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 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.
32. 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.
33. ❑ KEY PERSONNEL. The Contractor's personnel and management to be utilized for
this project shall be knowledgeable in their areas of expertise. The County reserves the
right to perform investigations as may be deemed necessary to ensure that competent
persons will be utilized in the performance of the Agreement. The Contractor shall assign
as many people as necessary to complete the services on a timely basis, and each person
Page 11 of 17
General Service Agreement Non -Solicitation #2017-004 (Ver. 1)
assigned shall be available for an amount of time adequate to meet the required service
dates. The Contractor shall not change Key Personnel unless the following conditions are
met: (1) Proposed replacements have substantially the same or better qualifications
and/or experience. (2) that the County is notified in writing as far in advance as possible.
The Contractor shall make commercially reasonable efforts to notify Collier County within
seven (7) days of the change. The County retains final approval of proposed replacement
personnel.
® 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 required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
34. ❑ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of solicitation the Contractor's Proposal,
and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
® ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at County's discretion.
35. 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.
36. 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
Page 12 of 17
General Service Agreement Non -Solicitation #2017-004 (Ver. 1)
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 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-FMOPS@colliergov.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.
37. ® SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable
rules and regulations. Also, all Contractors and subcontractors shall be responsible for
the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way
for the purpose of inspection of any Contractor's work operations. This provision is non-
negotiable by any division/department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier County
Property, Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision
shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
(Intentionally left blank -signature page to follow)
Page 13 of 17
General Service Agreement Non -Solicitation #2017-004 (Ver. 1)
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.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
Contractor's Witnesses:
at
or's First Witness
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Approved as to Form and Legality:
County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
M
Penny Taylor, Chairman
U.S. ubmergent Technologies, LLC
d/b/Polston Applied Technologies, LLC
JV Ir -co
signature and
Page 14 of 17 (i )
General Service Agreement Non -Solicitation X2017-004 (Ver.])
❑ following this page
® this exhibit is not applicable
Exhibit A
Fee Schedule
Page 15 of 17
General Service Agreement Non -Solicitation #2017-004 (Ver, 1)
❑ following this page
® this exhibit is not applicable
Exhibit B
Scope of Services
Page 16 of 17
General Service Agreement Non -Solicitation #2017-004 (Ver. 1)
Description: Grant Documents
® following this page
❑ this exhibit is not applicable
Other Exhibit/Attachment
Page 17 of 17
General Service Agreement Non -Solicitation #2017-004 (Ver. 1) O
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FEDERAL EMERGENCY MANAGEMENT AGENCY
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract, the Supplemental Conditions shall govern.
Contractor means an entity that receives a contract.
The services performed by the awarded Contractor shall be in compliance with all applicable grantor
regulations/requirements, and additional requirements specified in this document. It shall be the awarded
Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the
work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each lower
tier contracts ( e.g. subcontract or sub -agreement);
2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract
provisions by reference for work done under any purchase orders, rental agreements and other
agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by any
subcontractor, lower -tier subcontractor or service provider.
FCP-1
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FEDERAL CONTRACT PROVISIONS
1. Conflict of Interest - This Contract/Work Order is subject to chapter 112, F.S. The vendor shall
disclose the name of any officer, director, employee, or other agent who is also an employee of the State.
Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a
five percent (5%) interest in the Contractor's company or its affiliates.
2. Discriminatory Vendors — (1) No person, on the grounds of race, creed, color, religion, national
origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits
of; or be otherwise subjected to discrimination in performance during the term of the contract. (2) Contractor
shall disclose if they appear on the discriminatory vendor list. An entity or affiliate placed on the
discriminatory vendor list pursuant to section 287.134, F.S. may not: 1) Submit a bid on an agreement to
provide any goods or services to a public entity; 2) Submit a bid on an agreement with a public entity for
the construction or repair of a public building or public work; 3)Submit bids on leases of real property to a
public entity; or 4) Be awarded or perform work as a consultant under an agreement with any public entity;
or transact business with any public entity.
3. Lobbying - No funds received pursuant to this Agreement may be expended for lobbying the
Federal or State Legislature, the judicial branch, or a federal or state agency. The bidder or offeror certifies
by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No
Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than
Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language
of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts,
sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure
4. Record Retention — A. The contractor shall maintain and retain sufficient records demonstrating
its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is
made and shall allow the County, the State, or its authorized representatives access to such records for
audit purposes upon request. B. In the event of litigation or settlement of claims arising from the
performance of this contract, in which case contractor agrees to maintain same until the County, the FEMA
Administrator, the Comptroller General of the United States, or any of their duly authorized representatives,
have disposed of all such litigation, appeals, claims or exceptions related to the litigation or settlement of
claims
5. Diversity — All contracting and subcontracting opportunities afforded by this solicitation/contract
embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens
of the State of Florida. Firms qualifying under this solicitation are encouraged to submit bids/proposals.
Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These
FCP-2
EXHIBIT A FEDERAL CONTRACT PROVISIONS
requirements apply to all bidders/offerors, including those who qualify as a Minority Business vendor. A list
of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting
the Office of Supplier Diversity at (850) 487-0915.
6. Applicable Laws - The contractor shall comply with all applicable federal, state and local rules and
regulations in providing services to the County. The contractor acknowledges that this requirement includes,
but is not limited to, compliance with all applicable federal, state and local health and safety rules and
regulations and that FEMA financial assistance may be used to fund the contract. As such, the contractor
will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and
directives.
7. Administrative, Contractual, or Legal Remedies - Unless otherwise provided in this contract,
all claims, counter -claims, disputes and other matters in question between the local government
and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by
arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
8. Termination for Cause and for Convenience - This contract may be terminated in whole or in
part in writing by either party in the event of substantial failure by the other party to fulfill its obligations
under this contract through no fault of the terminating party, provided that no termination may be effected
unless the other party is given: (a) Not less than ten (10) calendar days written notice (delivered by certified
mail, return receipt requested) of intent to terminate; and (b) An opportunity for consultation with the
terminating party prior to termination.
This contract may be terminated in whole or in part in writing by the local government for its convenience,
provided that the other party is afforded the same notice and consultation opportunity specified in I (a)
above. If termination for default is effected by the local government, an equitable adjustment in the price
for this contract shall be made, but no amount shall be allowed for anticipated profit on unperformed
services or other work, and any payment due to the contractor at the time of termination may be adjusted
to cover any additional costs to the local government because of the contractor's default.
If termination for convenience is effected by the local government, the equitable adjustment shall include
a reasonable profit for services or other work performed for which profit has not already been included
in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor
for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in
addition to termination settlement costs reasonably incurred by the contractor relating to commitments
(e.g., su ppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate.
Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall promptly
discontinue all affected work (unless the notice directs otherwise) and deliver or otherwise make available
to the local government all data, drawings, reports specifications, summaries and other such information,
as may have been accumulated by the contractor in performing this contract, whether completed or in
process.
9. Patents and Data - No reports, maps, or other documents produced in whole or in part under this
contract shall be the subject of an application for copyright by or on behalf of the contractor. The grantor
agency and the grantee shall possess all rights to invention or discovery, as well as rights in data which
may arise as a result of the contractor's services.
10. Clean Air Act and Federal Water Pollution Control Act - (1) The contractor agrees to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42
U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable stndards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The
contractor agrees to report each violation to the County and understands and agrees that the County will,
FCP-3
C'fsaL�
EXHIBIT A FEDERAL CONTRACT PROVISIONS
in turn, report each violation as required to assure notification to the Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees
to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with
Federal assistance provided by FEMA.
11. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must
comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement
to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is
a material representation of fact relied upon by the County. If it is later determined that the contractor did
not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to the Florida Department of Emergency Management, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer
agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its lower tier covered
transactions." (5) The Contractor's debarment and suspension status will be validated by the County at the
System for Award Management at www.sam.cov
12. Reporting - The contractor will provide any information required to comply with the grantor agency
requirements and regulations pertaining to reporting. It is important that the contractor is aware of the
reporting requirements of the County, as the Federal or State granting agency may require the contractor
to provide certain information, documentation, and other reporting in order to satisfy reporting requirements
to the granting agency.
13. Access to Records — (1) The contractor agrees to provide the County, the FEMA Administrator,
the Comptroller General of the United States, or any of their authorized representatives access to any
books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit
any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions
as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized
representatives' access to construction or other work sites pertaining to the work being completed under
the contract."
14. Energy Efficiency Standards - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
15. DHS Seal, Logo, and Flags - "The contractor shall not use the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval."
16. No Obligation by Federal Government - The Federal Government is not a party to this contract
and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract.
17. Program Fraud and False or Fraudulent Statements or Related Acts - The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies
to the contractor's actions pertaining to this contract."
18. Recovered Materials — (1) In the performance of this contract, the Contractor shall make maximum
use of products containing recovered materials that are EPA designated items unless the product cannot
be acquired (i) Competitively within a timeframe providing for compliance with the contract performance
schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information
FCP-4
EXHIBIT A FEDERAL CONTRACT PROVISIONS
about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpq-program
19. Copeland Anti -Kickback Act i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 CFR pt. 3 as may be applicable, which are incorporated by
reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower
tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above
may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as
provided in 29 CFR § 5.12.
20. Contract Work Hours and Safety Standards Acts - (1) Overtime requirements. No contractor or
subcontractor contracting for any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he
or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to such District or
to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or
the loan or grant recipient) shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section."
Equal Opportunity - In accordance with 41 CFR §60-1.4(b), the County hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof.
"During the performance of this contract, the contractor agrees as follows:
"(1) The contractor will not discriminate against any employee or applicant for employment because of race,
creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their race, creed, color, or
national origin. Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
FCP-5
MAM
EXHIBIT A FEDERAL CONTRACT PROVISIONS
forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of this nondiscrimination clause.
"(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, or national origin.
"(3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under Section
202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
"(4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
"(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
"(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section
204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency may direct as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the
contractor may request the United States to enter into such litigation to protect the interests of the United
States."
21. Small and Minority Businesses, Women's Business Enterprises and Labor Area Surplus
Firms
Requirements
A. The Prime Contractor must take all necessary, affirmative steps to assure that small and minority
businesses, women's business enterprises, and labor area surplus firms are used when possible. 2 C.F.R.
§ 200.321(a).
At minimum, the following six affirmative steps must include:
i. Solicitation Lists. The Contractor must place small and minority businesses and women's
business enterprises on solicitation lists. 2 C.F.R. § 200.321(b)(1).
FCP-6
0
EXHIBIT A FEDERAL CONTRACT PROVISIONS
ii. Solicitations. The Contractor must assure that it solicits small and minority businesses and
women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.321(b)(2).
iii. Dividing Requirements. The Contractor must divide total requirements, when economically
feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses
and women's business enterprises. 2 C.F.R. § 200.321(b)(3).
iv. Delivery Schedules. The Contractor must establish delivery schedules, where the requirement
permits, which encourage participation by small and minority businesses and women's business
enterprises. 2 C. F. R. § 200.321(b)(4).
v. Obtaining Assistance. The Contractor must use the services and assistance, as appropriate, of
such organizations as the Small Business Administration and the Minority Business Development Agency
of the Department of Commerce. 2 C.F.R. § 200.321(b)(5).
vi. Prime Contractor Requirements. The prime contractor, if subcontracts are anticipated or let,
must take the five affirmative steps described in % B(i.) through B(v.) above. 2 C.F.R. § 200.321(b)(6).
Additional Guidance
B. Meaning of Terms. The Uniform Rules do not define the terms small business, minority business,
women's business enterprises, and labor area surplus firms. FEMA will use the following meaning of the
terms when evaluating compliance with the requirements of the Uniform Rules. If state, local, or tribal law
and procedures provide different meanings of small business, women's business enterprise, and minority
business, then FEMA may accept those meanings.
(1) Small Business. An independently owned and operated business concern that employs 200 or
fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than
$5 million or any firm based in this state which has a Small Business Administration 8(a) certification. As
applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and
business investments. Section 288.703, Fla. Stat.
(2) Women's Business Enterprise. A business enterprise that is: (a) at least 51 percent owned by
one or more women or, in the case of a publicly owned business, at least 51 percent of the stock is owned
by one or more women; and (b) whose management and daily operations are controlled by one or more
women.
(3) Minority Business. Any small business concern which is organized to engage in commercial
transactions, which is domiciled in Florida, and which is at least 51 -percent -owned by minority persons who
are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin,
which has been subjected historically to disparate treatment due to identification in and with that group
resulting in an underrepresentation of commercial enterprises under the group's control, and whose
management and daily operations are controlled by such persons. A minority business enterprise may
primarily involve the practice of a profession. Ownership by a minority person does not include ownership
which is the result of a transfer from a nonminority person to a minority person within a related immediate
family group if the combined total net asset value of all members of such family group exceeds $1 million.
For purposes of this subsection, the term "related immediate family group" means one or more children
under 16 years of age and a parent of such children or the spouse of such parent residing in the same
house or living unit. Section 288.703, Fla. Stat.
More information about Women and Minority Business Enterprises is available on this State of Florida
website:
http://www.dms.myflorida.com/agency administration/office of supplier diversity osd
(4) Labor Area Surplus Firm. A labor surplus area firm is one that, together with its first tier
subcontractors, will perform substantially in labor surplus areas. The Department of Labor's Employment
and Training Administration has defined labor surplus areas (LSA) as localities that have a "civilian average
FCP-7
(3
EXHIBIT A FEDERAL CONTRACT PROVISIONS
annual unemployment rate during the previous two calendar years of 20 percent or more above the average
annual civil unemployment rate for all states" during that same period. 20 C.F.R. §§ 654.4-654.5.
More information about LSAs is available at 20 C.F.R. pt. 654, subchapter A as well as on this website:
https://www.doleta.gov/programs/laborsurplus02,cfm.
The Department of Labor has also issued a list for FY 2016 of all the LSAs:
https://www.doleta.gov/programs/Isa.cfm.
22. STATE PROVISIONS
Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin,
age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of,
otherwise subjected to discrimination.
Discriminatory Vendor Lis/Public Entity Crime: Those who have been placed on the convicted vendor
list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on leases
of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business with any
public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
Interest of Members of Congress: No member of or delegate to the Congress of the United States shall
be admitted to any share or part of this contract or to any benefit arising there from.
Interest of Public Officials: No member, officer, or employee of the public body or of a local public body
during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the
proceeds thereof. For purposes of this provision, public body shall include municipalities and other political
subdivisions of States; and public corporations, boards, and commissions established under the laws of
any State.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature,
the judicial branch or a state agency.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for
the inspector general to have access to any records, data and other information deemed necessary to carry
out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5),
Florida Statutes.
Conflict of Interest: This Contract/Work Order is subject to chapter 112, F.S. The vendor shall disclose
the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee
shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent
(5%) interest in the Contractor's company or its affiliates.
FCP-8
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
2. Certification regarding Lobbying
3. Conflict of Interest
4. Anticipated DBE, M/WBE or VETERAN Participation Statement
5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services
6. Acknowledgement of Grant Terms and Conditions
GCA -1
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department
or agency.
(2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective
contract shall attach an explanation to this form.
CONTRACTOR
Name and Title
6450 University Blvd.. #1
Street Address
Winter Park, FL 32792
City, State, Zip
078664751
DUNS Number
Date
Sub -Recipient Name: Collier County Board of County Commissioners
DEM Contract Number: TBD
FEMA Project Number: FEMA -DR -4337
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Certification Regarding Lobbying
U.S. Submergent Technologies LLC.
The undersigned (Vendor/ Contractor) certifies, to the best of his or
her knowledge and belief, that:
(1) No State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a member of the
Legislature, an officer or employee of the judicial branch, or an employee of a State agency in connection with
the awarding of any State contract, the making of any State grant, the making of any State loan, the entering
Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
State contract, grant, loan, or cooperative agreement.
(2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received
pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State
agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost
for advertising, including production costs; postage; entertainment; and telephone and telegraph; and
association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida
Statutes, which is incorporated by reference into this solicitation, purchase order or contract.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
The Vendor/Contractor, U.S. Submergent Technologies LLC. certifies or affirms the truthfulness and
accuracy of each statement of Its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, If any.
4uthorized Official
of Vendor/Contractor's Authorized Official
GCA -3
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest Certification
Collier County Solicitation No.
I Denver Stutler , hereby certify that to the best of my knowledge, neither I
nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer,
director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have
an arrangement concerning prospective employment has a financial interest in this matter.
I further certify to the best of my knowledge that this matter will not affect the financial Interests of any member
of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have
a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no
organization with which I am seeking a business relationship nor which I now serve actively or have served
within the last year are parties or represent a party to the matter.
I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described
above that would be affected by the matter, antro disclose any interest I, or anyone noted above, has in any
person or organization that does become involy d rk i acted at a later date by, the conduct of this matter.
Denver Stutler
Name
re
Chief Executive Officer . November 30, 2017
Position Date
Privacy Act Statement
Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I
require the reporting of this information. The primary use of the information on this form is for review by officials of The
Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional
disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the
Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court
or federal administrative proceeding if the government is a party or in order to comply with a judge -issued subpoena; (3) to a
source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National
Archives and Records Administration or the General Services Administration in records management inspections; (5) to the
Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a
request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information Is
relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized
by law. See also the OGE/GOVT-2 executive branch -wide Privacy Act system of records.
GCA -4
EXHIBIT B
GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Mll be veff*d. unvernwe statuses will require ft PRIME to either proiwde a revised statement or provide source documentation that validates a
PRIME NAME RIME FEID NUMBER CONTRACT DOLLAR APAOUNIT
US Submergent Technologies 45-3805258 18-7270
ISTHE PRAVE A FLMIDA-CERTMED DIMVANTALGED, virrvwi v N X IS THE ACTIVI'lY OF THIS CONTRACT -
PAIN OPITY' OR WOMEN BUS)NESS ENTERPAM? DBE? y N x CONSTRUCTION? V N X
(DBEthIBElVJBE) OR HAVE A SMALL DISADVANTAGED
ELISTNESS &A CERTIF)CATION FROM THE SMAiL BUSINM MBE? y N X CONSULTAnON? y N X
ADMINISTRATION? ASERVICE 0ISA5LfOVETERAN? WBEI Y NX OTHER? y X N
js-vs w y fll X
IS THIS SUBMISSION A REMION?j y NX VVIES, PrEVISON NUMBER
IIDBE httMf SUBCONTRACTOR OR SUPPLIER ITYPIEOFWORXGRI ETH Be SUBISUPPUER PERCEOF CONTRACT
wFirrIAN I NAME SPECIALTY fSee Bebiwl I DOUAR AMOUNT I NT DOLLARS
TOTA I t
NAME OF SUBMIT ER DAM TrrLI! or SUBMI'MR
Denver Stutler November 30, 2017 CEO, US Submergent Technologies
EhWL ADDRIESS of PRIME (SUBMFTTER) TELEPHONE NUMBER PAX NUMBER
dstutler@ussubmergent.com 941-216-0149 407-378-3078
NOTE: This information is used to trzr-k and report anticipated DBE of NIDE participation in federally -funded contracts, The anticipated DBE or
MBE ammm is voluntary and *III not become psrt of the contrac=t twm, Th -s form must be submitted at time of response to a
sclk;raiion. df W wte--rj awardad a mnry contract' the pr one will be zsked to apdate ft jnformar�.on for the gr2m cw,,pIi3,Ke Ves.
IIA CCEPT111) BY-- I DATE I
GCA -5
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GCA -5
Instructions
Completed waiver requests accompanied by any associated backup documentation (sole source letter, business case, etc.)
must be submitted to the division’s Procurement Strategist for any procurement, without competition, in excess of $3,000.
Waiver requests greater than $50,000 will require approval by the Board of County Commissioners.
Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be based
on a lack of competition, proprietary technology, copyright, warranty or a supplier’s unique capability.
Single source refers to a procurement directed to one source because of standardization, warranty, or other factors, even
though other competitive sources may be available.
Requester Name: Division:
Item/Service: Vendor Name:
Fiscal Year: Requested Date Range: Anticipated Cost per Fiscal Year:
Sole Source: Single Source: One Time Purchase: Multiple Purchases:
Description of Purchase: Enter a description of the item(s) items that will be purchased under this waiver.
Purpose: Describe in detail, the purpose of the requested item(s) and why it is essential to County operations.
Explanation: Why is this a single or sole source?
Date of BCC standardization (if applicable): BCC Item number:
It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently specifying sole
source. Florida Statute 838.22(2).
Requested by: Signature: Date:
Division Director: Signature: Date:
Procurement Strategist: Signature: Date:
Procurement Director: Signature: Date:
For Procurement Use Only:
FY18 Approval: FY19 Approval: Multi-Year Approval: Start ____________ End ____________
Collier County
Waiver Request Form
Waiver Form Ver. 1 - 8/25/2017
U.S. Submergent Technologies (USST) Qualifications and Sole Source Business Case
1. USST’s million-dollar Combination3 equipment is the latest technology available.
2. Personnel training is extensive to operate this multi-functional equipment that can vacuum,
jet lines, and can dredge (pump) on a single mobile unit.
3. USST’s supervisors, operators, tech I and tech II’s are 40-Hour HAZWOPER trained for
confined space entry, hazard controls, safety controls, and communications and safe work
practices.
4. USST’s technology is one of a kind and stands on its own in the industry.
5. EPMD staff sought to procure competitive quotes in the market place, but there are no
other companies that have this type of technology to compare it to.
6. EPMD staff reached out to a company named Hydro-International, however their pumping
rates are much lower, and therefore would take much longer to complete the work.
7. USST is located closer to the job site, and therefore their mobilization and demobilization
costs are lower.