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Backup Documents 05/22/2018 Item #16C5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. Risk Risk Management c2JPh 2. County Attorney Office County Attorney OfficeOg 7 4. BCC Office Board of County AS b Commissioners .31-VSt� a�f1t6 4. Minutes and Records Clerk of Court's Office l 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 STEPHANIE CALES Contact Information 239-252-8407 Contact/ Department Agenda Date Item was MAY 22,2018 1,^ Agenda Item Number 16.Cr,' Approved by the BCC Type of Document AMENDMENT Number of Original ,/ /� Attached Documents Attached G PO number or account N/A 18-7288 S.R. S.R.HOLDING CO. number if document is HOLDING CO.OF OF MIAMI,INC. to be recorded MIAMI,INC. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK SC 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SC 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 SC 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 SC 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 03014#2l'Jr17 an a cha ges made during the meeting have been incorporated in the attached docunAne4fheCounty Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. C le e3= MAY 2 2 2018 Risk Management C MEMORANDUM Date: May 25, 2018 To: Stephanie Cales, Purchasing Technician Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #18-7288 "Collier County Jail Mobile Kitchen Trailers" Contractor: SR Holding Co. of Miami, Inc. Attached for your records is an original of the referenced document above, (Item #16C5) adopted by the Board of County Commissioners on Tuesday, May 22, 2018. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 5 FIXED TERM SERVICE AGREEMENT # 18-7288 for Collier County Jail Mobile Kitchen Trailers THIS AGREEMENT, made and entered into on this 22nd day of M0.y 2018 , by and between S.R. Holding Co.of Miami, Inc.,d/b/a S.R.Holdings Inc. , authorized to d business in the State of Florida, whose business address is 1385 Pridemore Court, Lexington, KY 40505 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1 . AGREEMENT TERM. The Agreement shall be for a one ( 1 ) year period, commencing IN upon the date of Board approval or on and terminating on one (1) year(s) 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 month-to-month (30 days) additional n/a (n/a ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑ Purchase Order ❑i Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Request for Proposal (RFP) ■ Invitation to Bid (ITB) n Other ( ) # 18-7288 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement#2017-002(Ver.]) 16C5 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. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- 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". 4.1 Price Methodology (as selected below): n 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. 7 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. �I 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. Page 2 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 0 loGs 4.4 C (check if applicable) Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 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. 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: S.R. Holding Co.of Miami, Inc. Address: 1385 Pridemore Court Lexington, KY 40505 Authorized Agent: Katie Fleming Attention Name & Title: Telephone: 859-255-0717 E-Mail(s): katie@eventservices.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement#2017-002(Ver 1) 0 1 6 C 5 Board of County Commissioners for Collier County, Florida Division Director: Dennis Linguidi Division Name: Facilities Management Address: 3335 Tamiami Trail E Naples, Florida 34112 Administrative Agent/PM: James Morton Telephone: 239-252-5488 E-Mail(s): James.Morton@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 4 of 17 Fixed Term Service Agreement#2017-002(Ver 1) 1 6 C 5 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the 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. ": -e• e -• a e c: •`- . _ • _ -e--e -: *See Page 17 of 17 Other Exhibit/Attachment "Deletion of Insurance Explanation" A Comm' General Coverage shall have minimum limits of • -• : s� :r,. : -e pec• ••_. • _ c _...■_. " cc:'. . - ae " • . _e: " :" .:. . 'c Set .e.• •Z:@:'.c • e•.. ..¢. • se - •.e _e••e..:...:.a set _ e.•__ _.• e_- _ e•.. g (� aUSilleSS Auto Coverage shall have minimum limits of Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. • - •_ e:: •=e • __ :____• : •e ►_e• . , •:e - • a :t ► e• . _.'e. C- •••• • __eu a .• : , •_• • e e e _ _ •e :e: The coverage must include € s' Liability with a minimum limit of e � • IDS • _ . _ • _ : _ e. :, a •• _ •_••e e_ • a: e:• e. ••_• . a e tet• •• : ••_ • • e : ••-.• ea _e_ ' . : • _ e • . •_. : e_..:.• _• l.n.&t . .• •__. _e • ,,.._•••_ - •ear this-- nsuranoe Such insurance shall have limits of not less than $ each c —ggr _ .<: � ;,..,�,,;. _ e _e: _ have minimum limits of$ per claim. • _-e _e claim, :c :":•_._.: _ e _.e._.• t e_ e__e _ e ..• _.a•••••__ e•: ,.- _ e_ • _e••••'_•,'e•: _ • e : _e. • o e - _ e- _• _e t ••• • • et :e . — a : _..�.y. __._..,,,.. -e et _,.•e • e t e " ' e_e--. a •• a: • __.q • Page 5 of 17 Fixed Term Service Agreement#2017-002(Ver I) locs M - e - e••••: �. .:. S_. _L_•: :. -:e .• :.a ... •.._ •,,..;,. • • ! .01,- a •e.. ae•. .94 e_ .. ..• :_et. ..,. _.a $ •:.. 'a.__ . 0 .:. MD.'S__. _�. •• S. •., 0:...eta: • ai a: A_se. •e• a __ e O.u.rran.t valid :•_ •_ •• e_• t e _• e: 44..4 -•ate _c e. _..- .e e _ ••e _a : a 'c. a • e ••;.a .-. ._ ea, s e_ a_ • e e_ e: _Q_ . ....,• : a _.__ _ e a_ _._,,.,•_.;,, 3_. le a: :e_ to . ., • .; e ! _ ea_. • t • - _:- ,-•.,, e:. _:•__..e _.•: !..a •.a. _-•- -e _ _..,, a � a a e' _ e•. a - 9 - e: _ se_.e_:e.. ae:. •:. .cc - 4 me e.:. __.•...: :c !.. _ c :c e _e. _ •__. •- e : : _.e . •.•. I e_ _ ee • : .....•a : e e w _•e• : _t•e e _ . see _:.._. e :....e _ _.'a a _ • .: .._..'.e m, •.e • •: , e ••. _•„ •e: �.a. • e.. - - e: a.. •••• . ••• .:S. e _ es _.._ !.. e.a• • _ _...e ...e a.a e -e • ._..a:Q. a..:.. :'.a. • • - - - _ e • _ e__a a'., :e :• :a_. e e e e:. me _ e• _ e _ •_ •_ _ • - all subcontractors comply with the same insurance : .•: •_ .: _e• '_ c _' :e a •.:- 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. 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 Facilities Management Page 6 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 0 16C5 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), El Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ ❑t ITB/ Other # 18-7288 including Exhibits, Attachments and Addenda/Addendum, U subsequent quotes, and ❑ Other Exhibit/Attachment: Deletion of Insurance Explanation 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(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: Page 7 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 0 16U 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. 21 . 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. 22. 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 Page 8 of 17 Fixed Term Service Agreement#2017-002(Ver.1) tr 16C5 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. 23. 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. 24. 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. 25. fl WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay Page 9 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16C5 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. 26. 7 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. 27. ❑ 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. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. Page 10 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 5 1605 31 . 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. 32. 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. 33. 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. 34. 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. ISI 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. Page 11 of 17 Fixed Term Service Agreement#2017-002(Ver.l) 16C5 35. • 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. 36. 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. 37. 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 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. 38. ■❑ 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 Page 12 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16C5 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 Fixed Term Service Agreement#2017-002(Ver.1) 0 16c5 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 CO Y COMMISSI• ► ERS COLLIER CO TY GRID, /. Dwight E. Brock, Clerk of;Courts By: 1�.► i i By: , i i {{ , ' �� Na/ {�,�,y S t , Chairman Dated:l II, 4,1,,,, (SEAL ;'Attes as to Chairman's ' signature on! . Contractor's Witnesses: S.R.Holding Co.of Miami,Inc.,d/b/a S.R.Holdings Inc. Contractor )am By: ��,�._► ,, Contractor's First Witness Signature } I, i l! - ' 4 1 ' '\ TType/print signature and titleT TType/ptint witness nameT V 1 ''d 1 �r�11`�- 2 -� C., Second Witness TType/print witness nameT Ap ed s to ' • nd Legality: i 4-ILL__ bepJ y County Attorney - Print Name Page 14 of 17 Fixed Term Service Agreement#2017-002(Ver.l) el 16C5 Exhibit A Scope of Services 111 following this page (pages 1 through 4 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 1 5 CAT r vtnty Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR COLLIER COUNTY JAIL MOBILE KITCHEN TRAILERS SOLICITATION NO.: 18-7288 VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8375 VivianaGiarimoustas@colliergov.net (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award,or any other legal remedies available to the Collier County Government. 16C5 SOLICITATION PUBLIC NOTICE INVITATION TO BID(ITB)NUMBER: 18-7288 PROJECT TITLE: COLLIER COUNTY JAIL MOBILE KITCHEN TRAILERS POST DATE: Tuesday,January 23,2018 LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST,BLDG C-2,NAPLES,FLORIDA 34112 BID OPENING DAY/DATE/TIME: Thursday,February 22,2018 at 10:00 AM PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST,BLDG C-2 NAPLES,FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Facilities Management Division(hereinafter,the"Division or Department"),the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB")with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor,at a minimum,must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. BACKGROUND Collier County Jail currently holds approximately 900 inmates with a capacity of 1,200 inmates in the Facility. These inmates are fed one hot meal and two cold meals per day. The current kitchen facilities will be remodeled in the next coming months and it is imperative to continue to provide meals for the inmates. As such we are searching for two kitchen trailers to lease. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for one(1)year with a month to month option after the initial term. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract,and such charges should be incorporated into the pricing structure. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: ➢ The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest,responsive and responsible vendor(s)that represents the best value to the County. ➢ For the purposes of determining the winning bidder,the County will select the vendor with the lowest total as outlined below: • Lowest total per trailer size ITB 18-7288 Collier County Jail Mobile Kitchen Trailers 16 C ➢ Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for quoting,or other options that represents the best value to the County;however,it is the intent to: • Identify a single awarded vendor ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. > Vendor must provide five(5)references that are similar in nature of the past five(5)years. DETAILED SCOPE OF WORK Two trailers will be needed one mobile production kitchen trailer and one mobile preparation kitchen trailer. Both trailers shall be located in the east parking lot of the Collier County Main Jail,Building J1, located at 3319 East Tamiami Trail East,Naples,Florida, 34112. The trailers will be parked adjacent to each other with an 18-inch separation. The middle doors of each trailer must allow for an enclosed and covered ramp between the two trailers,supplied with the trailers,and must allow for smooth movement of rolling 48- inch high food service carts (supplied by Collier County). Equipment in the trailer should not be mobile, however there should be room for tables and/or carts to be able to transfer products from one location to the other. Walls must be either stainless steel or fiberglass reinforced plastic for both trailers. Both Trailers shall have Fluorescent Lights, Multiple Duplex wall outlets, and a Power Panel with Main Shut-off. Vendor must list the number,type, and size for each of the external utility connections for each trailer. If the trailers have a propane gas tank,there must be a separate external manifold connection for propane tanks to be supplied by Collier County. All-inclusive pricing is expected.Any repairs/replacements must be done within 24 hours,a one-hour call back time frame is required. Once a notice to proceed is issued the awarded vendor is expected to deliver trailers within fourteen(14)days,deliver tractors shall be removed from the site within seven (7) days of delivery. Once the term of the agreement has been completed and after the external utilities are disconnected the trailers must be removed within fourteen (14)days. The awarded vendor will provide,within 7 days of Board Approval, at no additional cost to Collier County, all necessary documentation, data, sketches, plans, specifications, and other items of the two Trailers and Equipment required for obtaining Permits. Permits, licenses, and fees will be obtained and paid for by others.A fully detailed spec sheet of each trailer to Include but not limited to exact height above pavement of the interior floor of each Trailer, exact exterior dimensions of each of the two trailers, exterior tie-down connection points to permit securing for high winds and during hurricane season. 1. The Production Kitchen Trailer Cook Unit should have the following equipment in place and ready to operate upon delivery. The Trailer must be able to meet the minimum standards for temporary kitchens as set forth in Florida's Administrative Code 64E-11. All in place connections for the electrical,low voltage, fire alarm, liquid propane cooking gas, potable water, waste water, and sewage must be located on the outside of the trailer and allow for easy hookups by a contractor. This Production Trailer must have a door that provides direct access to the Preparation Kitchen Trailer Unit and an exterior door at the end of the Trailer to access a deck to be constructed by another vendor. PRODUCTION KITCHEN TRAILER COOK EOUIPMENT SPECIFICATIONS a. Walk-in Refrigerator-the door must be a minimum of 36 inches wide b. Two(2)—60 Gallon Gas Kettles c. One(1)—40 Gallon Gas Skillets d. Three(3)-Double Stack Convection Ovens.Ovens must be opposite the Stainless-Steel Work Tables e. Stainless Steel Fire Suppression Hoods Over Equipment with Protected Hood Lights and Supply Air with Up-To- Date Fire System f. One(1)Hand Washing Sink g. One(1)-3 Compartment Sink with Drain Boards with Spray Faucet h. Three(3)floor drains i. Hot Water Heater—Continuous On-Demand Electric j. Stainless-Steel Wall Shelving and one(1)8-Feet-Long over the 3 Compartment Sink,and one(1)6-Feet-Long by the Walk-In Refrigerator k. Power Requirements—110 Volts and 208/220 Volts(3-Phase) 1. Liquid Propane Gas with Regulator m. Air Conditioning and Heating with Thermostat n. Class K Fire Extinguishers(Number and Size as required by Code) o. 40 Quart Mixer p. Four(4)—6-Feet-Long Movable Stainless-Steel Work Tables q. One(1)—2 Compartment Steamer r. Smoke,CO,and Propane Detectors,Fire Alarm and Pull Station(number and location as required by Code) s. Flooring-must be diamond plated stainless steel t. Coving size should be 6 inches. ITB 18-7288 Collier County Jail Mobile Kitchen Trailers ti,-; 2. The Preparation Kitchen Trailer Unit should have the following equipment in place and ready to operate upon delivery. All in place connections for the electrical,low voltage,fire alarm,potable water,waste water,and sewage must be located on the outside of the trailer for easy hookup by a contractor. This Preparation Trailer must have a door that provides direct access to the Production Kitchen Trailer Cook Unit and an exterior door at the end of the Trailer to access a deck to be constructed by another vendor. PREPARATION KITCHEN TRAILER EQUIPMENT SPECIFICATIONS a. One(1)—Hand Washing Sink b. One(1)—3 Compartment Sink with Drain Boards and Spray Faucet c. Two(2)floor drains d. Air Conditioning and Heating with Thermostat e. Class K Fire Extinguishers(Number and Size as required by Code) f. Liquid Propane Gas with Regulator g. Four(4)—6-Feet-Long Movable Stainless-Steel Work Tables h. Walk-In Freezer—the door must be a minimum of 36 inches wide i. Hot Water Heater—Continuous On-Demand Electric j. Stainless Steel Wall Shelving and one(1)8-Feet-Long over the 3 Compartment Sink,and one(1)6-Feet-Long by the Walk-In Freezer k. Power Requirements—110 Volts and 208/220 Volts(3-Phase) I. Smoke,CO,and Propane Detectors,Fire Alarm and Pull Station(number and location as required by Code) m. Flooring-must be diamond plated stainless steel n. Coving size should be a minimum of 6 inches. ITB 18-7288 Collier County Jail Mobile Kitchen Trailers 3 16C5 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16C5 Project Manager:James Morton Exhibit B Fee Schedule Notifications Sent: 1,311 Procurement: Viviana Giarimoustas #18-7288 Collier County Downloaded: 41 Witness: Kris Lopez Jail Mobile Kitchen Trailers Submissions: 2 No Bids: 1 53 Foot Trailer Monthly All Monthly All Description Quantity Inclusive Price Inclusive Price Production Kitchen Trailer 1 $ 9,500.00 Preparation Kitchen Trailer 1 $ 9,500.00 Total Bid $ - $ 19,000.00 One time set up cost $ 48,944.00 1of1 16C5 Other Exhibit/Attachment Description: Deletion of Insurance Explanation e _e . .se e_ e: e_e:_ a ea �■ this exhibit is not applicable Risk Management Division has determined no insurance policy is required by the Contractor. The trailer kitchens will be leased from the Contractor and operated by the jail staff and leased property is covered under the County's General Liability and Property policies. Page 17 of 17 Fixed Term Service Agreement#2017-002(Ver 1) �'