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Backup Documents 10/08/2019 Item #16A10 (Univar Solutions USA, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 1 U 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 l%i1 9 2. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office \D ► 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 Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was October 8th 2019, Agenda Item Number 16.A.10✓ Approved by the BCC Type of Document CONTRACT Number of Original 2 Attached Documents Attached ✓ PO number or account N/A 19-7586 UNIVAR number if document is UNIVAR SOLUTIO S USA to be recorded SOLUTIONS USA INC. J 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 N/A 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 JS 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 JS 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 JS 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 10/08/2019 and all changes made during the meeting have been incorporated in the attached document. The County 4* an o on for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC, all changes directed by the BCC have been made,and the document is ready for the ` . option for Chairman's signature. is line. 16A1U MEMORANDUM Date: October 14, 2019 To: Jessica Suarez, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Supplemental Contract #19-7586, "Supply & Delivery Fungicides, Herbicides, & Pesticides" Contractor: Univar Solutions USA, Inc. Attached, is an original copy of the contract referenced above, (Item #16A10) approved by the Board of County Commissioners on Tuesday, October 8, 2019. 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 16A1U U ri 1VAR AUTHORIZED BID SIGNERS UNIVAR USA INC. RESOLUTION RESOLVED: That the Corporate Secretary shall maintain a list of the agents of this Corporation who are vested with authority to execute in the Corporation's behalf formal, written bids or proposals for the sale or other disposition of products handled by the Corporation. Said list shall be as established initially by the Board of Directors and thereafter,the President, or a Vice President shall have the authority, by written directive to the Corporate Secretary, to add agents to or eliminate agents from said list, and it is further RESOLVED: That the Corporate Secretary or any Assistant Secretary of the Corporation is authorized to certify this resolution or certify to the name or names of persons on the list maintained by the Corporate Secretary and such certificate will he conclusive evidence of the authority of such person or persons so to act. END OF RESOLUTION CERTIFICATION I, the undersigned, as Corporate Secretary of UNIVAR USA INC. do hereby certify as follows: 1. That the above resolution was duly adopted by the Board of Directors of said Corporation at a meeting duly held on December 24, 1986, and is in full force and effect. 2. That the list of persons authorized to execute, for and on behalf of this Corporation, written bids or proposals for the sale or other disposition of products handled by this Corporation, as initially established by the Board of Directors and thereafter added to by the President, or a Vice President of this Corporation is as follows: All officers and the following: Debbie Kuntz - Branch Administrative Coordinator Karen Smith - Branch Administrative Coordinator Denise Dailey - Sales Administrative Manager 3. That all of the foregoing persons are now authorized to execute bids pursuant to the resolution above referred to. �y Dated this - i* • _ - L U&U 51 ,2014. 0.A.A1 16144t4i� Co orrate eal) ` Corporate Secretary � r9� f j FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT 16 A 1 U 19-7586 for Supply and Delivery of Herbicides, Fungicides, and Pesticides THIS AGREEMENT, made and entered into on this J day of cc\-4)Q_(- 201q , by and between Univar Solutions USA Inc. authorized to do business in the State of Florida, whose business address is 3075 Highland Parkway, Suite 200, Downers Grove, IL 60515 , (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 three (3 ) year period, commencing I■I upon the date of Board approval on and terminating on three (3 ) 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 two (2 ) additional one ( 1 ) 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 ❑ 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP) i. Invitation to Bid (ITB) I I Other ( ) # 19-7586 , 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 Multi-Contractor Agreement 2017 008(Ver,I) U 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 Irl The procedure for obtaining Work under this Agreement is outlined in Exhibit A— Scope of Services attached hereto. The procedure for obtaining Work under this Agreement is outlined in ❑ Other Exhibit/Attachment: .4.n -e- - - - e e- . '. _ - e e -e •_ : -- -- Price Methodology selected in 4.1. 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): •• . .• -e • .. £ A. -e e e - ..- '.e a e...� - ; ... •.. - - transferred from the County to the contractor; and, as a business practice there are no is authorized. I •. . e , '. _: •: _e . e -- • . ._ e. •i. e -- - e- e - ee time spent by the contractor's employees and subcontractors to perform the work(number 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 rcquiFements would most likely change. As a general business practice, of hours worked and billing rate by position (and not company (or subcontractor) documentation for the project. • Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) S 16A1U 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 ❑ --- • - . • e - ."" e - - . , - . . . Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed ac per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: M+4eage $8-:4 Breakfast cfast $6-88 Lunch $11.00 Dinner $19.00 Aiffare _ __ .. •• -- - -- - --- class-fare Rental car Actual rental cost limited to compact or Ledgi-Rg ' - -. .. - see - - - - - - - . - -- - - - ••e - _ .. -11.9! - . 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 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 # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) S 16A1U Company Name: Univar Solutions USA Inc. Address: 3075 Highland Parkway, Suite 200 Downers Grove, IL 60515 Authorized Agent: Kristopher Hamby Attention Name & Title: Debbie Kuntz, Branch Admin Coordinator Telephone: (239) 693-1919 E-Mail(s): Kris.hambyunivarsolutions.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: Albert English Division Name: Road Maintenance Address: 2885 Horseshoe Drive South Naples, FL 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist Telephone: (239) 252-5591 E-Mail(s): Melissa.Pearsonacolliercountyfl.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. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.I) 16A10 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. 0 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. n 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 5 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) s \ 16A1U ttc - e _ _ • . e : _ •. -: • . • . •-. • '-e - - e e _• . - . liability for claims arising out of the performance of professional services under this this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. fiber Liability Coverage shall have minimum limits of$ per claim. F. n Pollution : Coverage shall have minimum limits of $ 1,000,000 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 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CM) 16A10 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 Growth Management Road Maintenance 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), n Exhibit A Scope of Services, Exhibit B Fee Schedule, I I RFP/ n ITB/7 Other #19-7586 , including Exhibits, Attachments and Addenda/Addendum, subsequent quotes, and I I Other Exhibit/Attachment: 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 Page 7 o117 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16A10 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tam iami 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 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16A10 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 County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to 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. ❑� 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 Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16A1U particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. 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 to 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 from 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 Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) r.` 16A10 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. 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. I I _ . . . •: _e• . . e '. e: __ - - • - -=-..-• _ _- - e this project shall be knowledgeable in their areas of expertis-. -- -•.- -- 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 The Contractor shall make commercially reasonable efforts to notify Collier County within personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 6 1 � n 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. 35. n 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. Eor !. - 0 • - _ . - . .- - . -e• • --- e Executive Summary, the terms of the Agreement shall take precedence over the terms of precedence over the Agreement. To the extent any conflict in the terms of the Contract .. - •- --.-. 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 Page 12of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16A10 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. (ii 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 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16A10 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above by an authorized person or agent. ATTEST: BOARD OF CO„;TY COMMISSIONERS COLLIER CO,' •- BA Crystal K. Kinzel, Clerk of �� Courts, omptroller (�" # :.r__ 4)40 4 By: Wil;:m L. McDaniel Jr. hairman (SEAL bated: - 1ttes as Chairman's Univar Solutions USA Inc. Contra .rrr esses: Contractor DBA 1 'Ke04%— Al By: s i) tf-'0 Contractor's First Witnes ignature S qcicL Ititar1 2-0v2- TType/print signature and titleT TType//print witness nameT 1/A Contractors Second Witness / /2/c.-4-OK ,4G OS 719 TType/print witness name Ap r ved as to or and Legality: i: b, County Attorney . �-- Item# 1_4I print ame Agenda r Date 1.11:01 i Date i Deputy tier Wa: Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) to 16A10 Exhibit A Scope of Services ❑■ following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) % 16A10 #19-7586 "Supply and Delivery of Herbicides,Fungicides,and Pesticides EXHIBIT A- SCOPE OF SERVICES The term "Contractor"and"Vendor"will be used interchangeably and shall mean the same. The term"County"and"Division"will be used interchangeably and shall mean the same. 1. SCOPE OF WORK Collier County divisions are responsible in maintaining right-of-way (ROW), medians, parks, Municipal Service Taxing Districts (M.S.T.D), Municipal Service Taxing Units (M.S.T.U), and County owned and leased properties. Contractor(s) must provide and deliver chemicals and additives to various Collier County divisions on an "as needed basis." Divisions may place orders throughout the agreement term by issuing individual purchase orders. 2. VENDOR RESPONSIBILITIES AND COMPLIANCE 2.1. Florida Laws and Regulations that pertain to pesticide sale and distribution (Chapter 487, Florida Statutes, and Rule Chapters 5E-2 and 5E-9, Florida Administrative Code). 2.2. Chemical Spillage or Leakage that may occur at time of delivery, the Contractor is responsible for providing containers or materials for cleanup. The Contractor delivery personnel shall be trained in the containment and removal of chemicals. No Bill of Lading, Manifest, or Invoice shall be signed by County staff until the spillage is contained and removed from the site per industry standards and Florida Department of Environmental Protection Agency(EPA) guidelines. 2.3. Safety Data Sheets (formerly known as Material Safety Data Sheets (MSDS)) shall be included with the delivery tickets for all chemical shipments. The Hazard Communication Standard(HCS) requires chemical manufacturers and distributors to provide SDS, so consumers are aware of the exposure with handling hazardous chemicals,chemical compounds, and chemical mixtures. 3. ORDERS Each division will place their orders on an"as needed"basis. 3.1. Order Placements will take place via email or through vendors ordering portal, if available. 3.2. Order Confirmation shall include, but not limited to: line item number, item description, unit of measure, quantity, unit cost, and extended cost for each item ordered. The division representative shall email orders to the Contractor's assigned point-of-contact for the County or place orders via a website portal, if available. 3.3. Order Processing shall be within one (1) business day, and order delivery shall occur within five (5) business days from receipt of order,complete, and ready to use. 3.3.1.If the vendor is unable to process the order within five (5) business days, the County representative may use the next lowest vendor for the item being requested. 3.3.2.If the next lowest bidder's price is significantly higher than the lowest bidder, the County representative can request a price quote from a vendor off contract following Collier County Procurement Ordinance. Page 1 of 2 16A10 3.4. Backorders shall be communicated by the vendor to the County representative immediately at order placement or as soon as the vendor is made aware. The County reserves the right to cancel the backorder, and order from the next lowest bidder. If there is no other vendor to supply the chemical under this agreement, the County may request quotes following Collier County Procurement Ordinance. Items that were on backorder,the vendor shall notify County staff when items are available to purchase. County staff will also check with the lowest vendor for product availability each time they place orders, unless the vendor is no longer under contract. 4. DELIVERY Deliveries shall be FOB (Free on Board) Destination. Delivery Drivers shall be equipped with hand truck, dolly, or pallet jack to offload shipments. 4.1. Delivery hours are Monday through Friday from 8:00 a.m. to 3:30 p.m. EST. There will be no deliveries after 3:30 p.m. EST, or on 11 County observed holidays which County offices are closed: New Year's Day, Martin Luther King Jr. Day, President's Day,Memorial Day, Independence Day, Labor Day,Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve, and Christmas day. 4.2. The Contractor shall contact the County representative that placed the order, no less than 24 hours in advance,to coordinate or notify them of the delivery. 4.3. The division receiving an order has final authority as to the quality and acceptability of any products. Any product delivery found to be defective or incorrect(order errors on behalf of the vendor) shall be returned to the vendor at the vendor's expense. The vendor shall correct the issue and expedite the delivery within one (1)business with the correct product at no additional cost to the County. Page 2 of 2 16A10 Exhibit B Fee Schedule following this page (pages 1 through 3 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 A 1 0 ITB NO.19-7586 SUPPLY AND DELIVERY OF FUNGICIDES,HERBICIDES,AND PESTICIDES EXHIBIT B-FEE SCHEDULE Unit prices:inclusive of labor,equipment,materials,delivery/shipping/freight charges,packing,transportation,and services. Substitute items: bidder(s)submitting a substitute that is an equivalent to the product being requested must input the following information below the header "SUBSTITUTE ITEM." 1.Input Product Name/Description,2.The product label(s)and Safety Data Sheets(SDS)must be submitted for review. Place an"X" indicating both have been submitted and clearly identify the documentation with your company name and bid number. Please note The UOM for the substitue is the same UOM for the bid item listed. Univar Solutions SUBSTITUTE(EOUIVALENT)ITEM Submit product label information and SDS with bid for product comparisons,review,and approval as an equivalent. ITEM PRODUCT NAME UOM PRICE I.Product Name/Descriation 2.Label&SAS Awarded Vendor Input"X"if submitted By Line Item. I 3336®DG Lite 30 lb.bag $ 50.47 Diamond Fertilizer 2 3336®F 2.5 gallon $ 252.98 Diamond Fertilizer 3 Advion 25 lb.bag $ 300.92 Florida Irrigation Supply 4 Allectus SC 120 gallon no bid Green Effex 5 Amdro Pro 25 lb.bag $ 160.70 ProBait Fire Ant Bait X Diamond Fertilizer 6 Armada 2 lb.Jug $ 111.78 Florida Irrigation Supply 7 Asulam 3.3 2 X 2.5 gallon jugs no bid No Bid 8 Asulam 4F I gallon no bid No Bid 9 Asulox 2.5 gallon $ 142.11 Florida Irrigation Supply 10 Aquathol K Aquatic 2.5 gallon no bid NO SUBSTITUTIONS Florida Irrigation Supply 11 Atrazine 4L 25 gallon $ 35.73 Florida Irrigation Supply 12 Avenue South 2.5 gallon $ 189.75 Florida Irrigation Supply 13 Banner Maxx I gallon $ 218.00 Diamond Fertilizer 14 Barricade 1 gallon $ 143.00 Diamond Fertilizer 15 Basagran T&O I gallon $ 101.08 Florida Irrigation Supply 16 Bayleton 50 T&O 4 X 5.5 oz no bid Florida Irrigation Supply 17 Bifen LIT I gallon $ 46.19 Florida Irrigation Supply 18 Bifen XTS I gallon $ 88.36 Univar 19 Blindside 1/2 lb bottle $ 98.10 Florida Irrigation Supply 20 Blue Marker Dye I gallon $ 43.50 Florida Irrigation Supply 21 Celsius WG 10 oz 10 oz.bottle $ 102.00 Florida Irrigation Supply 22 Clipper(Aquatic) 1 gallon no bid Green Effex 23 Cohere/gulfstream I gallon no bid Florida Irrigation Supply 24 Cohere/gulfstream 2.5 gallon no bid Mar Green 25 Compass Heritage 1 lbbottle no bid Diamond Fertilizer 26 Complex/DLZ 1 gallon no bid Florida Irrigation Supply 27 Confront 1 gallon $ 141.26 Florida Irrigation Supply 28 Conserve I quart $ 139.90 Florida Irrigation Supply 29 Crosscheck plus I gallon $ 46.18 MasterLine BMAXX X Florida Irrigation Supply 30 Cyper 1 gallon 5 38.86 Univac 31 Daconil ZN(Agency) 2.5 gallon $ 175.00 Diamond Fertilizer 32 Dimension 2EW 2.5 gallon $ 611.42 Florida Irrigation Supply 33 Dismiss(Turf) 8 X 10 oz.bottles $ 103.00 Florida Irrigation Supply 34 Dismiss South I pint $ 142.52 Univac 35 Dominion 2L 2.15 gallon $ 121.84 Florida Irrigation Supply 36 Drive XLR8 5 gallon $ 67.63 Diamond Fertilizer 37 Dylox 420 sl 2.5 gallon $ 180.10 Univac 16A1Ii ITB NO.19-7586 SUPPLY AND DELIVERY OF FUNGICIDES,HERBICIDES,AND PESTICIDES SUBSTITUTE(EOUIVALENT)ITEM Submit product label information and SDS with bid for product comparisons,review,and approval as an equivalent. ITEM PRODUCT NAME UOM PRICE 1.Product Name/Description 2.Label&SDS Awarded Vendor Input"X"if submitted By Line Item 38 Dylox insect. 30 lb bag $ 38 70 Univar 39 Echelon 42c 2.5 gallon no bid Green Effex 40 Extinguish 25 lb.bag $ 188.50 Florida Irrigation Supply 41 Ferrous sulfate 50 lb.bag $ 15.50 Univac 42 Floramite I quart no bid Florida Irrigation Supply 43 Fusilade II 1 quart $ f 69 50 Univac 44 Gallery 75 DF 1 lbbottle no bid Florida Irrigation Supply 45 Garton 3A 2.5 gallon $ 153.53 NO SUBSTITUTIONS Florida Irrigation Supply 46 Garlon 4 Ultra 2.5 gallon $ 236.69 Diamond Fertilizer 47 Green Clean 5.0 5 gallon no bid Green Effex 48 Green Clean Granular 50 lbbag no bid Florida Irrigation Supply 49 Heritage(Agency) 1 lb. $ 323.00 Diamond Fertilizer 50 Horticulture Oil(Omni Supreme Oil) 2.5 gallon $ 51.15 TriTek X Florida Irrigation Supply 51 Hydrothol 191 20 lbbag no bid No Bid 52 Imi daclorprid/bandiNcriterion I gallon $ 44.50 Umvar 53 Impel Red Dye II.25 gallon no bid No Bid 54 Inlet 2.5 gallon no bid Green Effex 55 Kammo Plus 2.5 gallon no bid No Bid 56 Lake Colorant WSP® Case(16 per) no bid Florida Irrigation Supply 57 Lesco-Wet 10 gallon no bid Florida Irrigation Supply 58 Malathion 57EC 1 gallon $ 46.75 Diamond Fertilizer 59 Manor 2 oz $ 13.63 Univac 60 Mentholated seed oil I gallon $ 40.72 Alligare MSO 2.5gallon X Green Effex 61 Merit 75WSP 4 x 1.6 oz.packs $ 30.84 Imidacloprid T&O 75WSB X Univac 62 Monument 75WG 25 gram box no bid Florida Irrigation Supply 63 MSM 60 16 ozbottle no bid Diamond Fertilizer 64 Non-Ionic Drift Retardant 1 gallon no bid Mar Green 65 Nutra-Sol 2 lb bottle no bid Green Effex 66 Orthene TTO 97 Spray(Acephate 97) 1 lb.bag $ 10.66 Florida Irrigation Supply 67 Pendulum 2.5 gallon $ 102.50 Florida Irrigation Supply 68 Pennant Magnum 1 gallon no bid Florida Irrigation Supply 69 Pillar 30 lb bag $ 98.75 Florida Irrigation Supply 70 Poast 2.5 gallon no bid Diamond Fertilizer 71 Podium I gallon no bid Diamond Fertilizer 72 Princep Liquid 2.5 gallon $ 55.77 Sinazine4L X Diamond Fertilizer 73 Pro sedge 2 oz. $ 58.65 Segehanvner X Florida Irrigation Supply 74 Profile®Greens Gradem Emerald 50 lbbag no bid Diamond Fertilizer 75 Promate Accuracy 1 gallon no bid Green Effex 76 Quick Silver 8 oz.bottle $ 159.64 Florida Irrigation Supply 77 Ranger Pro 30 gallon drum $ 495.00 Florida Irrigation Supply 78 Renovate 3 2.5 gallon no bid Florida Irrigation Supply 79 Resolute,""65WG 5 Ibno bid Diamond Fertilizer 80 Revolver I quart $ 263.33 Florida Irrigation Supply 81 Reward 2.5 gallon $ 197.50 NO SUBSTITIONS Florida Irrigation Supply CA() 16A1U ITB NO.19-7586 SUPPLY AND DELIVERY OF FUNGICIDES,HERBICIDES,AND PESTICIDES SUBSTITUTE(EOUIVALENT)ITEM Submit product label information and SDS with bid for product comparisons,review,and approval as an equivalent. ITEM PRODUCT NAME UOM PRICE i.Product NamelDescriation 2•Label&SDS Awarded Vendor Input"X"if submitted By Line Item 82 Rodeo 2.5 gallon $ '.56.50 NO SUBSTITIONS Univar 83 Roundup Pro T&O 2.5 gallon no bid Florida Irrigation Supply 84 Roundup ProMax® I 67 gallon $ 77.75 Diamond Fertilizer 85 Roundup Quikpro 4 X 6.8 lb.bottles $ 76.35 Diamond Fertilizer 86 Safari 20SG 3 lb.jug $ 125.00 Univar 87 Schooner 5 lb.bottle no bid Green Effex 88 Scythe 2.5 gallon $ 163.40 Florida Irrigation Supply 89 Sencor 2.5 gallon $ 80.00 Univar 90 Snapshot® 50 lbbag no bid Diamond Fertilizer 91 Sonar®PR(Agency) 30 lbsno bid No Bid 92 Spec defoamer 1 quart $ 8,60 Florida Irrigation Supply 93 Specticle G 50 lb.bag no bid Green Effex 94 SpeedZone(Red) 1 gallon no bid Florida Irrigation Supply 95 SpeedZone(Red) 2.5 gallon no bid Florida Irrigation Supply 96 SpeedZone Broadleaf 2.5 gallon no bid Florida Irrigation Supply 97 SpeedZone Southern 2.5 gallon $ 170.24 Florida Irrigation Supply 98 Subdue GR 25 lb bag no bid Florida Irrigation Supply 99 Subdue Maxx I gallon $ 424.24 Mefenoxam 2 AQ Fungicide X Univac 100 Talstar® I gallon $ 54.33 Mar Green 101 Talstar®GC 50 lb bag no bid Florida Irrigation Supply 102 Taurus®Trio G 30 lb bag no bid Florida Irrigation Supply 103 Tempo SC Ultra 900 ml bottle $ 141.53 Univar 104 Tenacity 6 oz.bottle $ 63.68 Florida Irrigation Supply 105 T-Methyl 50 WSB 4 X 8 oz.bags $ 24.50 Florida Irrigation Supply 106 TopChoice® 50 lb bag $ - Florida Irrigation Supply 107 Trace(Alligare) 2.5 gallon no bid Florida Irrigation Supply 108 Tribute®Total 6 ozbottle no bid Green Effex 109 Trimec®Southern 2.5 gallon $ 129,84 Univac 1 10 Weedar®64 2.5 gallon no bid Diamond Fertilizer III WEEDestroy®AM-40 Amine Salt 2.5 gallon no bid Green Effex 16A1O Other Exhibit/Attachment Description: ❑ following this page (pages through ) I 1 this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16A10 �_� ® DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 09/17/2019 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). E. CONTACT d PRODUCER - NAME: Aon Risk Services Central, Inc. Philadelphia PA Office (NCNNo.Ext): (866) 283-7122 FAX No.): (800) 363-0105 v One Liberty Place E-MAIL o 1650 Market Street ADDRESS: _ Suite 1000 Philadelphia PA 19103 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Illinois Union Insurance Company 27960 Univar Solutions. USA, Inc. INSURERB: ACE American Insurance Company 22667 3075 Highland Parkway Suite 200 INSURERC: Indemnity Insurance Co of North America 43575 Downers Grove IL 60515 USA INSURERD: ACE Fire Underwriters Insurance Co. 20702 INSURERE: Lexington Insurance Company 19437 INSURER F: COVERAGES CERTIFICATE NUMBER: 570078258692 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested (NSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE (NSD MND POLICY NUMBER (MWDDNYYYI IMM/DD/YYYY) LIMITS B X COMMERCIALGENERALLIABILITY xSLG71232736 06/01/201906/01/2020 EACH OCCURRENCE $3,000,000 SIR applies per policy terns & condi :ions DAMAGE TO REND ED CLAIMS-MADE I X I OCCUR $1,000,000 PREMISES(Ea occurrence) MED EXP(Any one person) Excluded PERSONAL 8 ADV INJURY $3,000,000 co; GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 2 X POLICY PRO- LOC PRODUCTS-COMP/OPAGG $3,000,000 m JECT o OTHER. 0 N- B AUTOMOBILE LIABILITY ISAH25279578 06/01/2019 06/01/2020 COMBINED SINGLE LIMIT $5,000,000 000,000 `n PPT (Ea accident) .. BODILY INJURY(Per person) 0 X ANY AUTO Z OWNED -SCHEDULED BODILY INJURY(Per accident) 07 AUTOS ONLY _ AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY _AUTOS ONLY (Per accident) LP t: cu A X UMBRELLALIAB X OCCUR XCEG27380566006 06/01/2019 06/01/2020 EACH OCCURRENCE $4,000,000 0 SIR applies per policy terns & conditions AGGREGATE $4,000,000 EXCESSLMB CLAIMS-MADE DED X RETENTION C WORKERS COMPENSATIONAND WLRC65891359 06/01/201906/01/2020I(STATUTE I IoOTH EMPLOYERS'LIABILITYR ANY PROPRIETOR/PARTNER I EXECUTIVE Y 1 N AOS E.L.EACH ACCIDENT $1,000,000 B OFFICER/MEMBER EXCLUDED? N N/A WCUC65891475 06/01/2019 06/01/2020 (Mandatory in NH) CA OH OR WA E.L.DISEASE-EA EMPLOYEE $1,000,000 If es,describe under DESCRIPTION OF OPERATIONS below SIR applies per policy terns & condi :i ons E.L.DISEASE-POLICY LIMIT $1,000,000- A Env Site Liab PPLG71507944001 03/31/2019 06/01/2022 SIR $1,000,000 Claims Made Form Ea occurrence $10,000,000 SIR applies per policy terns & condi ions Aggregate $16,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Bid 19-7586: Supply and Delivery of Herbicides, Fungicides, and Pesticides. Certificate Holder includes: Collier County -Il Board of County Commissioners OR Board of County Commissioners in Collier County OR Collier County Government. Collier County Board of County Commissioners OR Board of County Commissioners in Collier County OR Collier County Government are included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy a- evidenced herein is Primary and Non Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. Should General Liability policy be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to Certificate Holders in accordance with the policy 134 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE ..- POLICY PROVISIONS. --Zel Collier County Board of County AUTHORIZED REPRESENTATIVE Commissioners NaTamiami TrailEast, Bldg. C2 A cJ��s�/ i � !} Naples es FL 34112 USA [/YXva/n it Wiz= ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000014538 �{ 6 A 1 LOC#: j A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Central , Inc. Univar Solutions, USA, Inc. POLICY NUMBER See Certificate Number: 570078258692 CARRIER NAIC CODE See Certificate Number: 570078258692 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUER POLICY POLICY LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER EFFECTIVE EXPIRATION LIMITS DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY g MMTH2527961A 06/01/2019 06/01/2020 combined $5,000,000 Truckers Liab single Limi WORKERS COMPENSATION B N/A WLRC65891396 06/01/2019 06/01/2020 AZ MA p N/A SCFc65891438 06/01/2019 06/01/2020 WI OTHER E Archit&Eng Prof 027015036 06/01/2019 06/01/2020 Each claim $5,000,000 Claims Made Form Aggregate $5,000,000 Deductible $25,000 ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000014538 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of AGENCY NAMED INSURED Aon Risk Services Central , Inc. Univar Solutions, USA, Inc. POLICY NUMBER See Certificate Number: 570078258692 CARRIER NAIC CODE See Certificate Number: 570078258692 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations I Locations I Vehicles: provisions of each policy. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 16A10 NOTICE TO OTHERS ENDORSEMENT- SCHEDULE Named Insured Univar Inc. Endorsement Number 45 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G71232736 06/01/2019 To 06/01/2020 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule that you or your representative provide or have provided to us (the "Schedule"). You or your representative must provide us with the physical and/or e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. The Schedule must be initially provided to us within 15 days after: i. The beginning of the Policy period, if this endorsement is effective as of such date; or ii. This endorsement has been added to the Policy, if this endorsement is effective after the Policy period commences. C. The Schedule must be in an electronic format that is acceptable to us; and must be accurate. D. Our delivery of the notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. F. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. G. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with a Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. H. We may arrange with your representative to send such notice in the event of any such cancellation. I. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. J. This endorsement does not apply in the event that you cancel the Policy. ALL-32687(05/11) Page 1 of 2 16A10 All other terms and conditions of the Policy remain unchanged. Authorized Representative ALL-32687(05/11) Page 2 of 2 MEMORANDUM OF INSURANCE DATE OF ISSUI:§5131/210 PRODUCER: COMPANIES AFFORDING COVERAGE Aon Risk Services Central, Inc. COMPANY One Liberty Place LETTER A ACE American Insurance Company 1650 Market Street, Suite 1000 Philadelphia, PA 19103 USA COMPANY Indemnity Insurance Company of North CONTACT:Alexa Stricker LETTER B America PHONE: (215)751-1286 INSURED: COMPANY C ACE Fire Underwriters Insurance Company UNIVAR USA INC LETTER And All Subsidiaries and Affiliates COMPANY 3075 Highland Parkway Suite 200 LETTER D Illinois Union Insurance Company Downers Grove, IL 60515 USA COMPANY E LETTER COVERAGES This memorandum verifies that the following coverages are in force: Commercial General Liability, Automobile Liability, Excess Liability and Workers' Compensation/Employers' Liability. This memorandum is furnished to you as a matter of information for your convenience. It is not intended to reflect all the terms and conditions or exclusions of such policies. This memorandum is not an insurance policy and does not amend, alter, or extend the coverage afforded by the listed policies. The insurance afforded by the listed policy is subject to all the terms, exclusions and conditions of such policies. Co TYPE OF INSURANCE POLICY EFF. EXP. LIMITS LTR ❑x NUMBER DATE DATE COMMERCIAL A GENERAL LIABILITY General Liability 6/1/19 6/1/20 GENERAL AGGREGATE $ 3,000,000 X COM GEN LIABILITY XSL G71232736 PRODUCTS-COMP/OP AGG $ 3,000,000 CLAIMS MADE PERSONAL&ADV INJURY $ 3,000,000 X OCCUR EACH OCCURRENCE $ 3,000,000 OWN&CONT PROT DAMAGE TO RENTED PREMISES(Any One Premise) $ 300,000 MED EXPENSE(Any one person) $ Excluded AUTOMOBILE LIABILITY Commercial Auto—PPTs: 6/1/19 6/1/20 A X ANY AUTO ISA H25279578 ALL OWNED AUTOS COMBINED SINGLE LIMIT $ 5,000,000 SCHEDULED AUTOS HIRED AUTOS Truckers Liability: BODILY INJURY(Per Person) $ A NON-OWNED AUTOS MMT H2527961A 6/1/19 6/1/20 GARAGE LIABILITY BODILY INJURY(Per Accident) $ SELF-INSURED PHYSICAL DAMAGE PROPERTY DAMAGE $ EXCESS LIABILITY D X OCCUR Umbrella Liability 6/1/19 6/1/20 EACH OCCURRENCE $ 10,000,000 CLAIMS MADE XCE G27380566 006 AGGREGATE $ 10,000,000 WC-STATUTORY LIMITS $ E.L.EACH ACCIDENT $ 1,000,000 B WORKERS' WLRC65891359(AOS) E.L.DISEASE-POLICY LIMIT $ 1,000,000 A COMPENSATION AND wCUC65891475(CA,WA,OH,OR) 6/1/19 6/1/20 E.L.DISEASE-EACH EMPLOYEE $ 1,000,000 A EMPLOYER'S LIABILITY WLR C65891396(AZ,MA) C SCF C65891438(WI) DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Evidence of Coverage— Note that a $2,000,000 SIR applies to the General Liability coverage evidenced above.