The URL can be used to link to this page

Backup Documents 01/09/2018 Item #11A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office InitialstilsDate 1. Risk Risk Management �1� 1/911& 2. County Attorney Office County Attorney OfficeV/ )�- )` 4. BCC Office Board of County S ` Commissioners \ ( 23'\% 4. Minutes and Records Clerk of Court's Office --ra '1911 3,` 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Barbara Lance for Adam Northrup Contact Information 239-252-8998 Contact/ Department Agenda Date Item was January 9,2018 V- Agenda Item Number 11.A ✓ Approved by the BCC Type of Document Waiver/Contract Number of Original Y Attached Documents Attached PO number or account N/A 18-7270WV Grit& U.S. Submergent number if document is Debris Removal Technologies,L to be recorded Services d/b/a Polston pplied Technologies,LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicabl: co w . ever is Yes N/A(Not appropriate. \ (Initial) Applicable) 1. Does the document require the chairman's original signature v ' OK :� '(�],� 2. Does the document need to be sent to another agency for additi r•.1 si•.., es? yes, -�G' N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the BL document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/9/2018 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the —m killR -y--E, BCC,all changes directed by the BCC have been made,and the document is ready for th: '; V � Chairman's signature. JAN 0 9 2018 Risk Management 1 1 A MEMORANDUM Date: January 24, 2018 To: Barbara Lance, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #18-7270-WV Contractor: U.S. Submergent Technologies, LLC d/b/a/ Polston Applied Technologies, LLC Attached, is an original copy of the contract referenced above, (Item #11A) approved by the Board of County Commissioners on Tuesday, January 9, 2018. The second original contract has been held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 1 1 A GENERAL SERVICE AGREIEMENT (NON-SOLICITATIONI #18-7270-WV for GRIT AND DEBRIS REMOVALERVICES THIS AGREEMENT, made and entered into on this Cr‘"1{ day of Acy„nv,Gs' 2018, 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: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing 7 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 ❑ sole source, ® single source, an ❑ exemption; 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 and in accordance with the terms and conditions of this Agreement and Contractor's proposal referred to herein and made an integral part of this Agreement. 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. Page 1 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) 11A 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. 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 Nine Hundred Thirty-Nine Thousand, Seven Hundred and Ninety-Five Dollars and 00/100 ($939,795.00), per County fiscal year, based on units/services furnished per Exhibit A- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". n The County shall pay the Contractor for the performance of this Agreement based on Exhibit A- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "L.ocal Government Prompt Payment Act". The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of ($ ), per County fiscal year, based on units/services furnished 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): (l 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, 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. Page 2 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) hA 1 ® 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 Z1 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. 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 # 85-8015966531 C. Page 3 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) 11 .4 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 Stutler, Jr., CEO Attention Name & Title: Randy Cordrey, Business Development Manager Telephone: (850) 321-4337 E-Mail(s): rcordrey(cussubmergent.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): CraigPaier(c collieroov.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 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. Page 4 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) 1 1 A 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 the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ® Commercial General Liability: Coverage shall have minimum limits of$1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ® Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ® Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 5of17 General Service Agreement Non-Solicitation#2017-004(Ver 1) A D. U 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. n Cyber Liability: Coverage shall have minimum limits of$ per claim. F. n : 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 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. Page 6 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.t) 114 4 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, n 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 III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but Page 7 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) 11 /% 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 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. Page 8 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) 1 1 A 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. 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. Page 9 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) 114 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. 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 Page 10 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.l) 1 1 A 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 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. Page 11 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) 11A ® 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 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 Page 12 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.l) 11A 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) 1 1 A 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: BOARD OF COW - COMMISSIO► RS COLLIER COUP Y, . •RIDA Dwight E:'Brocl�, Clerk of Courts /j By. - cittj... I 0-L • By: , .4110.0 -yl 4 I f Andy rolls, olis,Chairman "Dated:' Atti lacChairman's CoArlggor9EINVitnesses: U.S. ubmergent Technologies, LLC C d/b/: Polston Applied Technologies, LLC Co rac �/ . .i. - B 4��!i.!�IA11) ontractor's First Witness 1:ignAtr I CC Ca 1-1 14 Se 1/o TType/print signature and titleT T'Type/print witness nameT C tractor' econd ness f1si+L&y TType/print witness nameT App oved as t Form n ality: "cpu► County torney Print Name Item# ( 1 a Date Agenda 3 Date Rec'd Deputy Cler Page 14 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) 1 1 A Exhibit A Fee Schedule ® following this page n this exhibit is not applicable Grant Funded: The attached proposals are for a not-to-exceed amount. Page 15 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) Formerly1 1 A MI U.S. SUBMERGENT TECH : OLOGIES POLSTON FPFtItO TICIIN tOGILS US Submergent Technologies Quote October 12, 2017 Pete Schalt Project Engineer North County WWTP 10500 Goodlette-Frank Rd Naples, Fl. 34102 RE: Emergency Services for Sand and Grit/Rag Removal—Phase I- Headworks, RML Effluent Pits(3), RAS Influent Pits (3) and Channels Mr. Schalt, On behalf of US Submergent Technologies,thank you for the opportunity to submit a proposal to remove accumulated sand and grit/rag from the various structures quoted above at the North County WWTP in full operation. Due to the nature of this work and the unknown quantity and conditions of the material, USST is providing day rates for our technology and service crew. We have estimated an approximate quantities to indicate a projected size and duration of the project. This is based off of our understanding of the project having an estimated 275 tons of accumulated sand and grit built up in the structures that needs to be removed. Please find attached an estimate to provide a complete operation of removing, hauling, and dumping at a designated area off-site. Benefits of US Submergent Technologies for your Removal: • Material can be removed in submerged environment. • High production rate removing material in large structures. • Closed loop system, clean operation. • Limited exposure to confined spaces. • Minimize overhead loads that are typical of a clam shell operation Based on our understanding,the scope of the project includes: • Mobilization to facility • US Submergent Service Crew • US Submergent Combination'Truck • US Submergent Roll Off Truck • US Submergent will remove accumulated material from the various structures quoted above utilizing the 49' remote knuckle boom crane and down-hole pump system. • Work days are Monday through Saturday • Work hours are 7:00 a.m. to 5:00 p.m. • Transportation of material to off-site location • Clean up project site at completion of project. www.ussubmergent.com 235 N.Orange Ave,Suite 201 I Sarasota, Florida 34236 I Call Toll-Free 844-765-7866 hA 1 Sand and Grit/Rag Removal— Headworks, RML Effluent Pits(3) and Channels, RAS Influent Pits (3) and Channels October 12, 2017 Page 2 • Demobilization from facility PRICING SCHEDULE Tank Description: Headworks, RML Effluent Pits (3), RAS Influent Pits (3) and Channels Proposal Line It nit Cost EXT. PRICE Mobilization to project 1 Ea $4,250.00 $4,250.00 All labor, supervision, material, and equipment for the removal of sand and grit/rag from the various 26 days Daily Rate $10,019.00 $260,494.00 structures quoted above Transportation —Off-site Disposal 24 loads Per Load $650.00 $ 15,600.00 Material Testing (RCRA—TCLP) ***if required*** 1 Ea $800.00 $ 800.00 Disposal Cost—Off-site Material Management 275 tons Per Ton $76.00 $ 20,900.00 Contingency $50,000.00 TOTAL* $352,044.00 *This is a time and materials estimate.not to exceed COST BREAKDOWN • labor, supervision, material, and equipment for the / • emoval of sand and grit/rag from the various structures uoted above. QTY Per Hour 'µPer Day Tota Field Supervisor* 1 $100.00 $800.00 Tech l** 1 $85.00 $935.00 Tech II** 2 $70.00 $1,540.00 Section 112.061 Fla. Stats. Per Diem Lodging Rate for Naples, FL ($36 meals/$150 lodging) 4 $186.00 $744.00 USST Combination Truck (10 hours) 1 $400.00 $4,000.00 USST Proprietary Vacuum Box 3 $50.00 $150.00 Roll Off Truck (10 hours) 1 $60.00 $ 600.00 Supplies/hoses/rentals _— $350.00 $350.00 Fuel -- $600.00 $600.00 Crew Truck and Trailer (10 hours) 1 $30.00 $300.00 TOTAL: $101R9.001 *Total labor is based on an 8-hour workday of straight time. **Total labor is based on a 10-hour workday with 8 hours of straight time and 2 hours of overtime. This project is being presented as a unit price proposal. All line items are billed at unit price provided in the pricing schedule for the project. If a crane is required to conduct cleaning of any structures, USST will submit the rental invoices for a crane as a pass- through cost to the County. The contingency is included to be activated in the event that the scope assumptions change, including, but not limited to disposal options are not available, material consists of a significant amount of rag, or equipment access and set up requires additional time. www.ussubmergent.com 235 N. Orange Ave,Suite 201 I Sarasota, Florida 34236 I Call Toll-Free 844-765-7866 1 1 A IMO U.S. SUBMERGENT Formerly 1111111. TECHNOLOGIES POESTON GrrUE&r[seMOGILS Our estimate assumes the Owner will supply: • Proper access for the equipment in and around the facility • Sufficient suitable water supply for the high pressure jetting operation (reclaimed is sufficient)as needed • Proper access for the pump/vacuum heads of the US Submergent process • Access for tankers and/or roll off trucks • Client warrants that the material will be non-hazardous Should you have any questions, or need clarification on this proposal, please do not hesitate to contact me directly at (786)449-6991. Sincerely, 8444 eouhee, Randy Cordrey US Submergent Technologies www.ussubmergent.corn 235 N.Orange Ave,Suite 201 I Sarasota,Florida 34236 I Call Toll-Free 844-765-7866 11A Formerly IOW U.S. SUBMERGENT TECHNOLOGIES POLSTON APPUEO TECIMIOGUS US Submergent Technologies Quote October 12, 2017 Pete Schalt Project Engineer North County WWfP 10500 Goodlette-Frank Rd Naples, Fl. 34102 RE: Emergency Services for Sand and Grit/Rag Removal—Phase II—Jetting Clarifier 4 & 5 Influent lines, Splitter Box MLSS, Clarifiers 2, 3, 4, and 5, RS Splitter Box, Lift Station 6, Splitter Box Clarifier Influent, Clarifier 6, 7, 8 and 9, MLE manhole jetting lines to Master Station Mr. Schalt, On behalf of US Submergent Technologies,thank you for the opportunity to submit a proposal to remove accumulated sand and grit/rag from the various structures quoted above at the North County WWTP in full operation. Due to the nature of this work and the unknown quantity and conditions of the material, USST is providing day rates for our technology and service crew. We have estimated an approximate quantities to indicate a projected size and duration of the project. This is based off of our understanding of the project having an estimated 295 tons of accumulated sand and grit built up in the structures that needs to be removed. Please find attached an estimate to provide a complete operation of removing, hauling, and dumping at a designated area off-site. Benefits of US Submergent Technologies for your Removal: • Material can be removed in submerged environment. • High production rate removing material in large structures. • Closed loop system, clean operation. • Limited exposure to confined spaces. • Minimize overhead loads that are typical of a clam shell operation www.ussubmergent.com 235 N.Orange Ave, Suite 201 I Sarasota,Florida 34236 I Call Toll-Free 844-765-7866 =1M Sand and Grit/Rag Removal— Jetting Clarifier 4& 5 Influent lines, Splitter Box MLSS, Clarifiers 2, 3, 4 and 5, RS Splitter Box, Lift Station 6, Splitter Box Clarifier Influent, Clarifiers 6, 7, 8 and 9, MLE manhole jetting lines to Master Station October 12,2017 Page 2 Based on our understanding,the scope of the project includes: • Mobilization to facility • US Submergent Service Crew • US Submergent Combination'Truck • US Submergent Roll Off Truck • US Submergent will remove accumulated material from the various structures quoted above utilizing the 49' remote knuckle boom crane and down-hole pump system. • Work days are Monday through Saturday • Work hours are 7:00 a.m. to 5:00 p.m. • Transportation of material to off-site location • Clean up project site at completion of project. • Demobilization from facility PRICING SCHEDULE Tank Description Jetting Clarifier 4&5 Influent lines, Splitter Box MLSS, Clarifiers 2, 3,4 and 5, RS Splitter Box, Lift Station 6, Splitter Box Clarifier Influent, Clarifiers 6, 7, 8 and 9, MLE manhole jetting lines to Master Station Proposal Line Item QTY UOM Unit Cost EXT. PRIG, Mobilization to project 1 Ea $4,250.00 $4,250.00 All labor, supervision, material, and equipment for the removal of 49 days Daily Rate $10,019.00 l $490,931 00 sand and grit/rag from the various structures quoted above Transportation–Off-site Disposal 31 loads Per Load $650.00 $20,150.00 Material Testing(RCRA–TCLP)—if required"' 1 Ea $800.00 NA Disposal Cost–Off-site Material Management j 295 tons Per Ton $76.00 I $22,420.00 Contingency $50,000.00 TOTAL* $587,751.004 'This is a time and materials estimate,not to exceed COST BREAKDOWN All labor, supervision, material, and equipment for the removal of sand and grit/rag from the various structures quoted*Nye. QT4 Per Hour Per Day Total Field Supervisor* 1 $100.00 $800.00 Tech l** 1 $85 00 $935.00 Tech II" 2 $70.00 $1,540.00 Section 112.061 Fla. Stats. Per Diem Lodging Rate for Naples, FL($36 meals/$150 lodging) 4 $186.00 $744.00 USST Combination Truck(10 hours) 1 $400.00 $4,000.00 USST Proprietary Vacuum Box 3 $50.00 $150.00 Roll Off Truck(10 hours) 1 $60.00 $600.00 Supplies/hoses/rentals _— $350.00 $350.00 Fuel -- $600.00 $600.00 Crew Truck and Trailer(10 hours) 1 $30.00 $300.00 TOTAL ! *Total labor Is based on an 8-hour workday of straight time. **Total labor is based on a 10-hour workday with 8 hours of straight time and 2 hours of overtime. www.ussubmergent.com 235 N.Orange Ave,Suite 201 I Sarasota, Florida 34236 I Call Toll-Free 844-765-7866 1 1 A Formerly MN U.S. SUBMERGENT ArNi TECHNOLOGIES POLSTON WWI ItCNN0E061ES This project is being presented as a unit price proposal. All line items are billed at unit price provided in the pricing schedule for the project. If a crane is required to conduct cleaning of any structures, USST will submit the rental invoices for a crane as a pass- through cost to the County. The contingency is included to be activated in the event that the scope assumptions change, including, but not limited to disposal options are not available, material consists of a significant amount of rag, or equipment access and set up requires additional time. Our estimate assumes the Owner will supply: • Proper access for the equipment in and around the facility • Sufficient suitable water supply for the high pressure jetting operation (reclaimed is sufficient) as needed • Proper access for the pump/vacuum heads of the US Submergent process • Access for tankers and/or roll off trucks • Client warrants that the material will be non-hazardous Should you have any questions, or need clarification on this proposal, please do not hesitate to contact me directly at (786)449-6991. Sincerely, Rapteity eolditev Randy Cordrey US Submergent Technologies www.ussubmergent.com 235 N.Orange Ave,Suite 201 I Sarasota, Florida 34236 I Call Toll-Free 844-765-7866 1 1 A Exhibit B Scope of Services following this page this exhibit is not applicable Page 16 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) 11A Other Exhibit/Attachment Description: Grant Documents ® following this page this exhibit is not applicable Page 17 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) 11A 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-1 114 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-2 114 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, negu|aUono, executive orders, FEMA poHc|ea, procedures, and directives. 7. Administrative,Contractual,or Legal Remedies -Unless otherwise provided in this con(nau(, all claims, counter-claims, disputes and other matters in question between the local government and the oon\rador, arising out of or relating to this oonhact, or the breach of it, will be decided by arbihaiion, if the parties mutually agree, or in a Florida court of competentjurisdiction. R. 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 governmerd,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 harminaUon, 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 b*rminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g.,sup pliers,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,dnovWnga,reports specifications, summaries and other such |nformodion, 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 11A 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.gov. 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 1 1 A EXHIBIT A FEDERAL CONTRACT PROVISIONS about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, hMpo:0m^ww.epagoviamm/mzmpehanaive'pmcun*mont-guide|ine-opq-pnognam 19. Copeland Anti-Kickback Act i. Contractor.The contractor shall comply with 18 U.S.C. §874, 40 U8C. § 3145, and the requirements of 29 CFR pt. 3 as may be app|inab|e, 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 ountmut, 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 addiUon, 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 guorda, 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 C §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, ^o|or, 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 ino|ude, but not be limited to the following: employment, upgra6ing, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other 1 A EXHIBIT AFEDERALCONTRACT PROVISIONS forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous p|aoeo, available to employees and applicants for employmen . 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 oontnoctor, 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 ru|en, rogu|aUonn, and orders of the Secretary of Labor, or pursuant thenahu, 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 unnknoot may be oanoeUed, 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 neneanary, 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. §2OO.321(o). 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). _ __ 1 1 A EXHIBIT A FEDERAL CONTRACT PROVISIONS H. 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). Dividing Requirements. The Contractor must divide total requ|mmants, 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 aohodu|eo, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2C.F.R. § 200.321(b)(4). v. Obtaining Assistance. The Contractor must use the services and aan|stanme, 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. §20O.321(b)(5). vi. Prime Contractor Requirements. The prime conhadmr, if subcontracts are anticipated or let, must take the five affirmative steps described in IT BO.)through B(v.)above. 2 C.FR. §200.321(b)(6). Additional Guidance B. Meaning of Terms. The Uniform Rules do not define the terms small buaineas, minority buo|ness, 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 buainaao, women's business onterprioe, 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 af5Uatoa, 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 BusinessAnyumaU businessoonoom �hi�h is organized to engage in commercial transactions,which is domiciled in Florida, and which is at leas51-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national ohgin, 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 oontm|, 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 nuboeohon, 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: hdp://vmww.dme.mvflordo.00m/agenoy administration/office of supplier diversity osd (4) Labor Area Surplus Firm. A labor surplus area firm is one that, together with its first tier ouboontnadns, 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 1A 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.cov/programs/laborsurplus02.cfm. The Department of Labor has also issued a list for FY 2016 of all the LSAs: https://www.doleta.cov/proorams/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 hA1 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 1 1 A FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT Certification Regarding Debarment,Suspension,and Ineligibility. and Voluntary Exclusion 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 U.S. SU: ERGENT TECHNOLOGIES LLC By: I ,• Denver tutler, Chief Executive Officer 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 11A 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. De Stut -r �l .4 ‘. Name of Authorized Official C � :� Officer Title hign alS Signature of Vendor/Contractor's Authorized Official 'N•vemb�2017 Date GCA-3 11A EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification Collier County Solicitation No. Denver Stotler , 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, an. o disclose any interest I, or anyone noted above, has In any person or organization that does become involy:. . i : acted at a later date by,the conduct of this matter. I Denver Stutier j1 til • Name '' `"„ • n 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 1 1 / EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverrfable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FESO NUFAaER CONTRACT DOLLAR AMOUNT US Submergent Technologies 45-3805258 18-7270 IS THE PRIME A ROdtIDA-CERTtF€ED DISADVANTAGED. VETERAN/ N X tS THE ALL-minTv OF THIS CONTRACT.. MINO4UTY'Dat WOMEN BUSIN ELS ENTERPRtS L? DEE? Y tJ X CONSTRUCTION? Y N X (DBE/MBE/WSE)OR NAVE A SMALL DISADVANTAC-ED CUSTRESS BA CERTIFICATION FROM DIE SMALL BUSINESS MBE? Y N X CONSULTATION? V N X ADMINISTRATION? A SEkVIGE MARLED VETERAN? V/'BES Y N X OTHER?' y X N LDS SA? Y SA X IS THIS SLIEMSStON A REVISION? Y NX if YES,REVISION NUMBER a IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DDE WWII SUCCONTRACTOR OR SUPPLIER TYPE OF WORK OR' ETHNICITY CODE SUBISUPPUER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (Sea Batow) DOLLAR AMOUNT DOLLARS TOTAL. C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBhtrfTTER DATE TITLE OF SUBMITTER Denver Stutter November 30,2017 CEO,US Submergent Technologies EMAIL.ADDRESS OF PRIME(SUEMIITER) TELEPHONE NUMEERt FAX NUMBER dstutier@ussubmergent.com 941-216-0149 407-378-3078 NOTE:This information is used to trade and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DEE or MBE amount is voluntary and will not become part ethic contractual terns. Ths form must be submitted at time of response to a sclxiTazion. If and when awarded a County contract,the prime will be asked to update IAB information forthe grant compliance file€. Stack ASAe i utn -'BA Hispanic ATAiliCEri HA NativeAra`erican NA. SubCOM.Asim Ame,l can SAA • Astlit PutificAmetkan APA • Non-MinOrtr,Women NMW Other nr of arty other group fisted 0 D.SECTION TO BE COMPLETED BY COWER COUNT!' PEP 7Et AE COLLIER CONTRACT*IIFB,"tIFP or PtyRE0 GRANT PROGRAM/CONTRACT A.CCEPIED fro. DATE GCA-5 11iL EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES CGLLii v:�; r,GR ,YN7rt:1.yrurs;NE[ . , isID OPPORTUNITY LIST FOR COh1M)DrTIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES a is the policy of Carter County;trot disadeoutage-d b:uireises and minority venaors,as defined in the Code of,,.dust flegufatians(Cal):r F,Icrida SZar:ite;(FSJ,aRizt have the apprxtuaitp to participate M taht,e is with federal and/or:rate gram assistance. Prime Contractor/Prime Octruvttent: US Submergent Technologies address and Pkme Number235 N Orange Ave, Suite 201 Sarasota,FL 34236 rr,ocurernent P umber/Adve:'tiserrtier4 Nieribes•: #18-7270 The list below is intended to to a Iist ng of Erns that are,or etterni ting to,participate on the project numbered above. The hst must include the firm bidding or quoting es Prime,es well as subs and suppliers quoting for perriciprtion. Prime contractors and consultants roust provide intarmetion far Numbers 1,2,9,and 4;and,should provide arty inforrnatian they True far Numbers 5,6,7,and B This form must be sub:nate d srth the bad package 1. Fedi ref Tax ID Number, 45-3805258 6_ DBE :s Annual Crass Peceipu 7. Firm Name: US Submergent Technologies, LLC X Noor-arse Less then$s million 3. Phone Ndumiber. X between$1-5 million er.address between$5-10 million 9. Subtonve2tar —.....Behere2n$10-s5 mill`.ex, El Ss1lscDnsrdtant _between then 5 15 trilkrn 5, 'rear Finn Estatlfihied: 2011 1. Federal Tex ID Number.. 6.E DBE 6 annual Gross Aecalpts . Firm,Nerne; goat-05! Less than$1 million 3. Phone Number Between$1-E Wally' r— a, Address Eetwi-n 5 5-10 million 7.8 Subcontractor —.between$10.15 miliiar Subconsuitent More thend I r 5 15 an 5.Year Firm ESteblithed. 1. Federal Tax ro Nu;r,ber: 6,E DEE B. Annual Gross Pecapta 2. firm Name. rion•DEIE less than$1 mil hon :. Phone Plumber: between$1.5 million _ 4. Address Between S 5-10 rckliloo 7. Sub[oin?acTar —E+etween$10-3.5 n'illbn Subconsuliant More then$15 million 5.Year firm Established: a. Federal Tax its Number, f+, DBE Annual Gross Receipts 2. Elm Name. e B,Nm-DtlE cess tf12n51 million 5. Phone Number. between 5 1-5 trillion 4, Address between 5 5-10 million r.El1 1 $ubcorrlrzdar —Between$10-15 milLtir Sultopntldunt —Mose than$15 trent; 5, 'tees firs'Estebllsh e. ULM-b hA1 P, EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla.Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name U.S. Submergent Technologies LLC ie,e November 30, 2017 Denver Stutler-Chief Executive Officer Authorized Signature Address 6450 University Blvd#1 Winter Park, Fl 32792 Solicitation/Contract# 18-7270 GCA-7 POLSA-21OP ID: 3L AL.,- ` CERTIFICATE OF LIABILITY INSURANCE IDA ( 2/ Y) 01/12/20182018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 386-239-5742 CONTACT JULIE KUHLMAN Brown&Brown of Florida,Inc. PHONEFAX Daytona Beach Office (A/C,No,Ext):386-239-5742 (A/C,No): P.O. Box 2412 ADD"RREss:jkuhlman©bbdaytona.com Daytona Beach,FL 32115-2412 Michael Pyle INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Homeland Ins Co of NY 34452 INSURED U.S.SUBMERGENT TECHNOLOGIES INSURER B:Auto Owners Insurance Co. 18988 LLC dba POLSTON APPLIED Brid efield Employers Ins Co 10701 TECHNOLOGIES INSURER C: 9 6450 UNIVERSITY BLVD UNIT#1 INSURER D: WINTER PARK, FL 32792 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE ADDL'SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSrI WVD IMM/.D/YYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY 1EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR Y 7930068960000AMAGE TO 09/13/2017 09/13/2018 PREM SES(Es occurrence) $ 50,000 MED EXP(Any one person) $ 5,000 X EACH POLL CONDITI PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- LOC 2,000,000 PRO- JECT PRODUCTS-COMP/OP AGG $ OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ ANY AUTO 5048082700 09/13/2017 09/13/2018 BODILY INJURY(Per person) $ AUTOSWNED AONLY x AUTOSULED BODILY INJURY(Per accident) $ X HIRED X NON-AWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ PIP $ 10,000 A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE 7930068970000 09/13/2017 09/13/2018 AGGREGATE $ 4,000,000 DED X RETENTION$ 10,000 C WORKERS COMPENSATION YIN 83056181 01/01/2018 01/01/2019 X STATUTE ER 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:GRIT AND DEBRIS REMOVAL-US SUBMERGENT TECHNOLOGIES CONTRACT#18-7270. COLLIER COUNTY BOARD OF COUNTY GOVERNMENT IS ADDITIONAL INSURED ON THE GENERAL LIABILITY PER FORM OBENV GE301 0211.30 DAY NOTICE OF CANCELLATION, EXCEPT FOR 10 DAYS FOR NON-PAYMENT OF PREMIUM WILL BE PROVIDED TO THE CERTIFICATE HOLDER BY THE CARRIER FOR GENERAL LIABILITY,AUTO LIABILITY,AND CERTIFICATE HOLDER CANCELLATION BOARCI8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. COLLIER COUNTY BOARD OF COUNTY GOVERNMENT 3299 TAMIAMI TRAIL E STE 303 AUTHORIZED REPRESENTATIVE NAPLES, FL 34112-5746 77—e 2 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HOLDER CODE BOARCI8 POLSA-2 PAGE 2 NOTEPAD. INSURED'S NAME U.S.SUBMERGENT TECHNOLOGIES OP ID: 3L I ite A/12/2018 EMPLOYER'S LIABILITY POLICIES.