Backup Documents 10/22/2019 Item #16C 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i b C 9
TO ACCMPANY ALL ORIGINAL DCUMENTS SENT
THE BOARD OF COUNTY COMMISS ON RS OFFICE FOR SIG 'r EYED
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 CoQ€AQo2neaU l9
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 atread3/iskrfAIRAINITnent
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 CC- 4046
2. County Attorney Office County Attorney Office `mac AeA //
4. BCC Office Board of County
Commissioners \1 lo\yy\V
4. Minutes and Records Clerk of Court's Office 1°P-Lii a a:ti-s-;$
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 Ana Reynoso/PURCHASING Contact Information 239-252-8950
Contact/ Department
Agenda Date Item was OCTOBER 22,2019 Agenda Item Number 16.C.9.
Approved by the BCC
Type of Document CONTRACT Number of Original 2
Attached Documents Attached
PO number or account N/A 19-7595 Southern
number if document is Southern Sanitation, Inc.
to be recorded Sanitation, Inc.,
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whic•- - •- Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signatur- STAMP OK N/A
2. Does the document need to be sent to another agency for a•.'tional signatures? If, -s, N/A
provide the Contact Information(Name;Agency;Address;Phone . : . ed sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR
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 AR
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 AR
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 10/22/2019 and all changes made during FA is not
the meeting have been incorporated in the attached document. The County an option 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 N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the r an option for
Chairman's signature. 1 this line.
16C9
MEMORANDUM
Date: October 25, 2019
To: Ana Reynoso,
Procurement Services
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: Contract #19-7595 "Grease Trap Hauling Services"
Contractor: Southern Sanitation, Inc.
Attached for your records is an original of the referenced document above,
(Item #16C9) adopted by the Board of County Commissioners on Tuesday,
October 22, 2019.
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 252-8411.
Thank you.
Attachment
16C9
FIXED TERM SERVICE AGREEMENT
# 19-7595
for
GREASE TRAP HAULING SERVICES
THIS AGREEMENT, made and entered into on this&a'd day of OCA-Ober 2019 , by
and between Southern Sanitation, Inc. , authorized
to do business in the State of Florida, whose business address is 310 5th Street NW
Naples, FL 34120 , (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 • upon the date of Board approval ori 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) ', Invitation to Bid (ITB)
Other ( ) # 19-7595, 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.
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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):
II - • - -- - - -- - - - e . _ . - • _ -
transferred from the County to the contractor; and, as a bucinc&s practicc therc are no
{s authorized.
❑■ Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work(number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
which it is not possible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
these contracts include back-up documentation of costs; invoices would include number
of hours worked and billing rate by position (and not company (or subcontractor)
timekeeping or payroll records), material or equipment invoices, and other reimbursable
documentation for the project.
r1 - • - -- . -: - - e - e _ - • .. _ _ • -_ _ -- - - e - --
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.
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4.4 n _ _ _e _ . • e •• e - _ - _ _ . - • - - Travel and
Mileage $0/14.5 per mile
Breakfast $6-09
Lunch $44-44,
Dinner $49:-00
Airfare ' - -- - -- - -- - --- - - --- -
Rental car
vehicles
Lodging A _ -. .o 22 -_ _ .-_ - -- - - - • - .
cap of no more than $150.00 per night
Parking Actual cost of parking
Taxi or Airport Limousine
- -
responsible for all other costs and expenses associated with activities and solicitations
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531C.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: Southern Sanitation, Inc.
Address: 310 5th St NW
Naples, FL 34120
Authorized Agent: Matt Beebe, Owner
Attention Name & Title:
Telephone: (239) 352-2600
E-Mail(s): southernsanitation@gmail.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
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Board of County Commissioners for Collier County, Florida
Division Name: Facilities Management Division
Division Director: Damon Grant
Address: 3335 Tamiami Trail East
Naples, FL 34112
Administrative Agent/PM: Katie Sibert, SHRM-CP/Operations Analyst
Telephone: (239) 252-7435
E-Mail(s): Kathleen.Silbert@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.
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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. The Contractor shall provide insurance as follows:
A. IN 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. 1.1 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.
this insurance. Such insurance shall have limits of not lesc than $ each
claim and aggregate.
1=❑Cyber Liabilit -Coverage shall have minimum limits of$ per claim.
F. I■I Polllution : Coverage shall have minimum limits of $ 1,000,000 per
claim.
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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.
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.
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14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Facilities Management Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), ■ Exhibit A Scope of Services,
Exhibit B Fee Schedule, ❑ RFP/ ITB/❑ Other
#19-7595 , _ -_ - -.e. , -- - - - ' -- -- ' -- - - 7 subsequent
quotes, and I f 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
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:
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
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.
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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. n 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. TO 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,
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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. IUB 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 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
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.
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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 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
ascso el-
Ilk 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.I)
0
1 6 C 9
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.
Iw - - • - - . - • - - - --• e
among the terms of any of the Contract Documents and/or the County's Board approved
. . .- . . -e- - e .
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.
Page 12 of 17
Fixed Term Service Agreement#2017-002(Vert)
CAO
1 6 C 9
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
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)
1 6 C 9
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have
executed this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER CO 4. , 0 'IDA
Crystal K. Kinzel, Clerk f Courts &
Co oer . ,-, , , Cef. ,
0110„ollo
B By: -" _.
Wil 1:m L. McDaniel Jr. , hairman
Dated c. Ib/as . •
aokoAtte., *t'0,a Ah a
Contr2f�gtar' . Southern Sanitation, Inc.
°' '" " `', Contractor
" ,CH{a} 4•
J
Contractor's First Witness ignatur ,--v:)
-
D,1-' (_,\C A. i (.r'.k D' - TType/print signature and titleT
TType/print wness name
Le,a/04 A -
--tontractor's S and .j itne
TType/print witness na eT
A••rov-d as to r, and Legality:
� Co ty Attorney /hag Print Name ►tem#
Agenda
ate !b ��
DateC�/,�L) c 1
Page 14 of 17
Fixed Term Service Agreement#2017-002(Ver.I)
44
C"AO
1 6 C 9
Exhibit A
Scope of Services
❑■ following this page (containing 2 pages)
this exhibit is not applicable
Page 15 of 17
Fixed Term Service Agreement#2017-002(Ver.1)
1 6 C 9
19-7595 "Grease Trap Hauling Services"
EXHIBIT A
SCOPE OF SERVICES
The Contractor understands the requirements of the Department/Division relative to furnishing both scheduled and
urgent grease removal and disposal service.
A. Material:
1. The material primarily consists of raw untreated grease.
2. Other organics and plastics may be incorporated in the raw grease.
B. Method of Disposal:
1. The Contractor shall supply all equipment and labor to perform the required tasks.
2. The Contractor must respond with an empty truck. A partially loaded truck may be accepted at the
County's discretion, approval will be documented on the invoice.
3. The Contractor shall remove raw grease from a grease trap and directly haul to a State approved disposal
and receiving facility.
4. The Contractor shall be responsible for cleaning up any material spills in accordance with State,Federal,
and local regulations. The Contractor must equip their trucks with a spill kit to be used in the event of a
spill of raw wastewater, grease, scum, fuel, or any other discharge at all times while performing this
Agreement.
5. The Contractor shall maintain hauling records for a period of seven (7)years after the occurrence.
6. Each load shall have a load ticket/manifest signed by an agent of the Contractor and the County.
7. Compensation for transportation, labor and equipment is all inclusive in the per hour charge. Additional
requests for compensation for disposal will not be accepted.
8. The disposal site shall be identified on the load ticket/manifest for official records.
9. The Contractor shall provide clear color photographs as well as post job completion of clean and empty
grease interceptor/under sink trap showing piping inside and surrounding area along with invoices.
10. The Contractor has the sole responsibility to comply with any Local, State, Federal and/or Department
of Transportation (DOT) rules and laws and/or regulations in regard to transportation and disposal of
material removed, at no additional cost to the County.
C. Per Hour Rate for Pumping and Disposal Services:
1. The Contractor shall provide pumping and disposal work pursuant to the all-inclusive hourly rate
supplied on the bid schedule.
2. The Contractor will be permitted to charge a two (2) hour minimum for trucks that were requested by
the County, arrived onsite within the required response timeframe, and were subsequently dismissed by
the County without pumping or hauling waste.
D. Response Time and Availability:
. The Contractor shall provide the County with a single, local, on-call telephone number for contact.
a) The Contractor must respond/return Collier County's phone calls within thirty (30) minutes. If
response is not received, the County reserves the right to move on to the Secondary vendor on
contract.
b) For urgent work requests, the Contractor must arrive on-site with a truck capable of removing
a minimum of 4,000 gallons within one (1) hour of notification by County personnel.
c) For routine/scheduled work requests, the Contractor must have a minimum availability of two
(2)trucks within four (4)hours of notification.
2. The Contractor must be available on a twenty-four(24) hour basis, 365 days per year.
3. Should the Contractor fail to provide the requested service, the County reserves the right to ask for and
Page 1 of 2
Exhibit A-Scope of Services
1 6 C 9
obtain said service from another contractor(s).
4. Normal business hours are considered Monday through Friday between 7:00 AM and 5:00 PM.
Afterhours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday,
Sunday or County Observed Holiday.Afterhours rate will be calculated at 1 and 1/2 time the hourly rate
provided in the bid schedule. If a requested service starts during "Regular Time", and extends into the
Afterhours period, the Afterhours rate shall only be charged for time actually worked during the
Afterhours period.
E. Damage to Structures:
1. Damage caused by the Contractor to pipes, manholes, property, or any other system appurtenances shall
be repaired by the Division at the Contractor's expense.
a) The Contractor shall contact the Division immediately of any damage.
b) The Division will coordinate the repair and charge the Contractor for all associated fees involved
in such work.
F. Safety:
1. The Contractor has the sole responsibility to comply with all Federal, State, and local OSHA rules, laws
and/or regulations including best management practices.
G.Payment:
1. The Contractor shall invoice the Division on a per job basis and the invoice shall have a description of the
following:
a. Date and time of the work- start to finish
b. Location of work
2. Each invoice submitted for payment must be accompanied by the Contractor's load ticket/manifest for
each truck.
H.Licenses:
1. All required licenses, permits, and insurance as mandated by Florida Department of Environmental
Protection are to be maintained by the Contractor at all times during the term of this Agreement.
I. Repairs:
1. Vendor shall provide repair services to grease trap structures on an as needed basis.
2. Costs for all materials necessary to complete a project shall be listed on the invoice. A breakdown of
material shall be required, including documentation of costs, when such costs exceed five hundred
dollars ($500.00). Miscellaneous items totaling $500.00 or less will not require documentation.
However,the County reserves the right to periodically spot check items less than the threshold. Items
under$500.00 will be labeled as "miscellaneous supplies".
J. Work Distribution:
1. All urgent work and work under$5,000 will be given to the primary vendor on contract.The Division reserves
the right to move to the secondary vendor if the primary vendor does not meet required response times or
declines the work. The Division will obtain bids from all awarded vendors for work over $5,000 and will
award to the lowest responsive bidder. However, the Division reserves the right, for any job regardless of
dollar value, to request quotes from all contractors on contract and award to the lowest responsive bidder.
Any work over$25,000 will be competitively solicited.
Page 2 of 2
Exhibit A-Scope of Services
1 6 C 9
Exhibit B
Fee Schedule
following this page (containing 1 pages)
Page 16 of 17
Fixed Term Service Agreement#2017-002(Ver.1)
1 6 C9
19-7595 "Grease Trap Hauling Services"
Exhibit B
FEE SCHEDULE
Pricing must be all inclusive.Mark up for any parts,materials,equipment,etc shall be 10%.A breakdown of material shall be
required,including documentation of costs,when such costs exceed five hundred dollars($500.00). Miscellaneous items
totaling$500.00 or less will not require documentation. Subcontractors shall be on a strictly cost plus 15%. After hours will be
calculated at 1 and 1/2 time.After hours are considered before 7:00 AM and after 5:00 PM.Normal business hours are
considered between 7:00am and 5:00pm. Prices shall remain firm for the initial term of this contract.
Category 1 - Service
Personnel Positions Price Per Hour
Grease Traps(also Organics)Cleaning and Hauling $ 350.00
Category 2 -Additional Services and Repairs
Service Labor Price Per Hour
Minor Repairs to Grease Trap Related Items $ 150.00
Total $ 150.00
1 6 C9
Other Exhibit/Attachment
Description:
n following this page (containing pages)
• this exhibit is not applicable
Page 17 of 17
Fixed Term Service Agreement#2017-002(Ver.l)
16C9
vrt
JIMMY PATRON'S
CHIEF FINANICAL OFFICER STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS`COMPENSATION
• * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW • .
CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law.
EFFECTIVE DATE: 3/1112018 EXPIRATION DATE: 3/10/2020
PERSON: MATTHEW BEEBE EMAIL: SOUTHERNSANITATION@GMAIL.COM
FEIN: 593717924
BUSINESS NAME AND ADDRESS:
SOUTHERN SANITATION INC
310 5TH STREET NW
NAPLES, FL 34120
SCOPE OF BUSINESS OR TRADE:
Sewer Construct r n_.n.
Ope'a1'oris ale Dr.va'S
IMPORTANT:Pursuant to Crrapter 440.05(14),F.S.,an officer ne a corporation who otects exemption from this chapter by Ming a certilicale of election under
this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.051121,F.8..Certntcates of election to be exempt.,apply
only within the scope of the business or trade listed on the notice of election lobe exempt.Pursuant to Chapter 440.05113),F.S..Notices of election to be
exempt and cortiricates of election to be exempt shall be subject to revocation It,at any time after the tiling of the notice or the tesuance of the certificate,the
person named on the notice or certificate no longer meets the requirements of this section tor issuance of a oerUticate The department shall revoke a
certrlcate at any time for failure of the person named on the certificate to meet the requirements of this section
OFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08.13 QUESTIONS?(850)413.1609
ct A—e —�,0 r1 . t C-1 -)5 15
16C9
PCG CERTIFICATE OF LIABILITY INSURANCE .AYE IMMAYanrTY Y.
7.'15;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 provtslons 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(e).
CONTACT
PRODUCER NAME
Insurance by Ken Brawn, Inc. PHONE 321-397-3870 FAX
�,r+oy_321-397-3888
707 Pennsylvania Ave Ste 1300 .yO'Erl. -
-MAIL
Altamonte Springs FL 32701 Aowtess: certificatesatinsbykenbrown_com
INSUREF1S)AFFORDING COVERAGE NAIL*
iNSUA R A:Progressive Express 10193
INSURED :::Li-r,-134 irisuRER9:White Pine Insurance Co 11932
Southern Sanitation Inc
P.O.Box 7736 INSURER C Westchester Surplus Lines InS 10172
Naples FL 34101 INSURER 0
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1996599244� 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. NOTLMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH 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.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR 5001.SUERELM POLICY NUMBER ^ POLICY
GYYYYYi 1M0LICY 641YYYY EXP LIMITS
LTA TYPE OF fNSURANCE !flSB Yi_76t
B X COMMERCIAL GENERALLIA51LITi WPCP005875 11,27.2018 11.27.2019 5A.CHCCCURRE.NCE 51,000.000_
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I e X OCCUR _PREMISES(Ea occurrence". 5101000
CLAIMS M,OE
_ _ VIED EXP(Any one person) i S 5,000 _.
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PERSCNALB ADV INMURY 5 10000 000
—
GEN'L A,S0REGATE LIMIT APPLIES PER GET ERA.t AGGREGATE S 2,000,000
--, —
I PCL ICY .JET LOC PRODUCTS•COMP;CA A:OG S 2,000,000
OTHER
A AUTOMOBILE LIAB'LITY 08358405-7 12'15'2018 12'15:2019 FJrdBNEr]SIN'LEUYi7 $1,000,000
ANY A.'TC BDC!LY'.NJIJRY IPe-pe'sc S
05%1/4M X SCHEDULED BC OILY 1NJ'.RY{Pe:ace-dent) S
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UMBRELLA UAB OCCUR EACH CCC.RR.ENOE 5
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WORKERS COMPENSATION STA?,,T= I FR
AND EMPLOYERS'UABIUTY YIN i
ANYFROT,R.ETCRIPARTNEREXECUTF:E I M AI E L.EACH ACC1oEE14T 1$
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DESCRIPTION OF OPER ATIONS!LOCATIONS!VEHICLES(ACORO TO/,Addn.ona:Remark a Schedule.inlay De Pushed If mote spate Is requIrod)
Re: Any job and all work performed In Collier County
Collier County Board of County Commissioners OR Board of County Commissioners in Collier County.OR Collier County Government are additional insured
with respect to General Liability on a primary and non-contributory basis.as required per written contract
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.
Collier County Board of County Commissioners
3299 Tamiami Trail East Au THOR¢EDREPRESENTATIVE
Naples FL 34112 #(1-‘.:(3 ._e
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