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Backup Documents 02/25/2020 Item #16C 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 C 3 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 4247-17 2. County Attorney Office County Attorney Office 41ff 3)4/M))4/M) 4. BCC Office Board of County 4 Commissioners l 3'p2.gb 4. Minutes and Records Clerk of Court's Office ` "� J21zc, 3:3y pM 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 FEBRUARY 25,2020 .✓ Agenda Item Number 16.C.3 Approved by the BCC Type of Document CONTRACT Number of Original 2 Attached Documents Attached PO number or account N/A 19-7670 SHREDQUICK, number if document is SHREDQUICK, INC. INC. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable c• .••• '•.chever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature TAMP O N/A 2. Does the document need to be sent to another agency for addition. -.tures? 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 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 02/25/2020 and all changes made during N/A 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 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. auawa6euew OZOZ g y 833 1603 MEMORANDUM Date: March 3, 2020 To: Ana Reynoso, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Contract #19-7670 "Mobile On-Site and On-Call Shredding Services" Contractor: Shredquick, Inc. Attached for your records is an original of the referenced document above, (Item #16C3) adopted by the Board of County Commissioners on Tuesday, February 25, 2020. 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 16C3 FIXED TERM SERVICE AGREEMENT # 19-7670 for Mobile On-Site and On-Call Shredding Services THIS AGREEMENT, made and entered into on this day of P&C(JQVU 20:-,2G, by and between ShredQuick, Inc. , authorized to do business in the State of Florida, whose business address is 4908 Lena Rd. Unit 101 Bradenton, Florida 34211 , (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 or I I 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 ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Request for Proposal (RFP) IuI Invitation to Bid (ITB) ❑ Other ( }# 19-7670, including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. IUB The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Pagel of 17 Fixed Term Service Agreement#2017-002(Ver.I) 16C3 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): _ _ . -e - .__ : A u -e ` _ e - - - - - - e•-• ; •- . - transferred from the County to the contractor; and, as a busincsv practice there arc no is-arFthariTized • 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. Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement#2017-002(Ver.]) (Th 1603 1.4 I I (chess!: .f I'.1pnr11.c1ablc) Tr-411%1 145,41 "T'ra V444 and. Onimhllronhln wnone.00 m11e.+ hc� nnnrnvnrl in .rit,nnno in Inrrifinn k1. +hn C`nlmfir Trn\/n1 154111144141 VUNIV I-./\1A411V4J II144441 N4 N1./1. 144441.4 III 41411.411.,/, III 14114311y Vy LI I4 \./ 41.1111ly. 11,4Y41 n lrnonnoc chn11 kits rtirvthl Iranrd an nor Crtn+inn 1 10 nal Dln C+a+c ',Apr411414V 44111.411 444 141111 V UI V\.rV NV V,.I 44444441511 I I I I I IV. 444,4144. poimhllrcorllon+c chall his a++ho fnllntnlinn r4+oc• 114111144UIV41144%1151 51114411 4444 UL LII, 1V114411r111y I,414515 11Ailcann Qn AA g nor mile Ill114Ny4 11/44.-r r.44_N 4I 111114 I.'rnaLfae.+ . nn ✓14,4I11,4V4 54/1./.VV Llu;1,111nk Q11 nn I Tlinnor Q1O nn VI/1111V. '1 144.444 AirfaAirfare Anil1n1 finks+ ono+ limite,d4 to tourist cr coach clans faro re V1U,41 LI 441141 VVJI V VU1.Jl 44V14V11 441,44444 4 Rental car :+ctua..l r,110,.l cost limited to compact vi vfa n.�.la rd cize I/r+1inlc\c 4,1111./1,V I nrininn An+Ila, nncf of Inrininn of cinnln nnnllnnnnv role \ori+h a L-Vuyllly 11,1,4,41 44VVI 441 1,1,14U11 VI. VII Iy14 44sal 5.11J,41144y 14414 441111 44 nay, of n5 ynnrn +hnn Q1 C.n nn nor ninhf VNp/ VI I I4 111,1V LI 1141 I w 1444.441 V41 I IIyI IL Darlrinn Anf1Ia1 nncf 5f narlrinn 1 N11\II Iw 1 141144.41 VVVL 441 VV.11111,.1 TVIA. 55.11 A•irN414 L.111VVV.no4 1514:41.411 c444511441thor1441.4151 yr.a.41rp15n.1t 11mv1.v.rao IDnirkhr Irnahl" ilnn,c n+hclr+hnn +rnvnl nvnnnonn shall hn lim +nrl to,thea fnllntnrinn• +nlnnhnnn 1 14n1.4444I4u4414 11,1114 4411141 1114411 4114441 4..1.+41I444 VI 11411 1J5. III I 1I14u 444 V 14 1441I44r111I1y. w.4p/1144114 Inns rllet-non nh-runs fav nhnrnnc nh5fnrnntrinn nharnno acrd ane.+ann Cnirkh;Irsnkln. 144114,. 14141,411444 44114414V, IVVI1 VI IV/y 444, vs IV L4VVp/y II Iy 44(1441y44 VI IV p/VULLy4. I\4411111114152,411144 i+nms will his nnird nnit, affrsr (`nn+r-nf .r hac nrn\/ir•Inrl all ronoin+c (`nn+ranl•nr shall hn 44,11151 44111 444 p1N1u 4411Iy ,41441 44411111441,1 11,4V p11444144444 Nn 144441p11V. v4411VN41VI 44111.411 144 resporesponsible for all other costs and expenses associated tnrifh activities and solicitations nsible 1441 N11 44111441 444444144 ,41144 V/1p/VI 1444451 associated •41111 1144114.1444 ,41144 solicitations Ilnrdnr+alrin kir Ira Iinn++5 +hie. Anroomrsn+ UI.u41 4441\41I VV.VUN.II 1V 111114 I .y144I 114114. 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: ShredQuick, Inc. Address: 4908 Lena Rd. Bradenton, FL 34211 Authorized Agent: David Reed, CEO Attention Name & Title: Telephone: (239) 332-5900 E-Mail(s): Dreed@shredquick.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: 5.4hgeltegic_ ?ale Fired Term Service Agreement 42017-002(Ver 1) 16C3 4.4 ❑ (check if applicable) Travel and Reimbursable Expenses: Travel-and Reimbursable Expenses must be-'pprVv`M-Tn- dvYnce-in writing-by the_ expenses shall be reimbursed Reimbursement hall be at the following rates: 11Aileane en AA C, nor mile r 111e4t,.a WS/.TT.V IAV. I I III,. Breakfast W6.00 Lunch $11.00 Dinner $1.9:80 Airfare Actual ticket cost limited-to /�-tourist �]o(�r-coach class-fare Rental car Actual rental costo ccmpaet V. standafd Vile vehieles Lodgingoccupancy rate with a cap of-ne-more-than $150.00 per-night Parking Actual-costf parking ♦ Vl "1 Y"`l.�lll`J. Taxi-OF-Airport Limousine Actual-cost of airport limousine pV.l either taxi or airport DeViyhYusable IteImV other than trYV,.I eVxn-nVeVV shall he IImit ,he fnlnui"nn. tc!-phon- !ong-distance charges, Fax eharges, photocopying chpV-Mpd oVtYe_ReimbursableV items will be-paid only-after-Contractor ha rovided responsible expenses-associated responsible r�- undertakenpursuant-to-this-Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: ShredQuick, Inc. Address: 4908 Lena Rd. Bradenton, FL 34211 Authorized Agent: David Reed, CEO Attention Name & Title: Telephone: (239) 332-5900 E-Mail(s): Dreed@shredquick.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement#2017-002(Ver.1) .SLI 1603 Board of County Commissioners for Collier County, Florida Division Name: Solid & Hazardous Waste Management Division Director: Kari Hodgson Address: 3339 Tamiami Trail East, Suite 302 Naples, Florida 34112-5361 Administrative Agent/PM: Taylor Sawatzky, Recycling Coordinator Telephone: (239) 252-333 E-Mail(s): Taylor.Sawatzky@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 4 of 17 Fixed Term Service Agreement#2017-002(Vet,I) S 1603 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. Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ■ Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ❑� Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. B- ❑ Professional Liabilityj Shall be maintained by the Contractor to ensure its legal this insurance. Such insurancc shall havc limits of not lc than $ ach claim and aggregate. Cyber LiabilltyjCoverage shall have minimum limits of$ per claim. : Coverage shall have minimum limits of$ per Glair Page 5 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16C3 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. Page 6 of 17 Fixed Term Service Agreement#2017-002(Ver.1) C 1 6 C 3 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid & Hazardous Waste 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 #19-7670 , including Exhibits, Attachments and Addenda/Addendum, 7 subsequent quotes, and 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: Page 7 of 17 Fixed Term Service Agreement#2017-002(Ver.I) 1603 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. Page 8 of 17 Fixed Term Service Agreement#2017-002(Ver.l) 16C3 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, - • . -- e.. ., - e .-*, -*--**e . - . '-- . . . . . . - -- - _ _ --_ _ _ -... A . ..-* Page 9 of 17 Fixed Term Service Agreement#2017-002(Ver.I) S 1603 Documents. lf, within one (1) year after final completion, any Work is found to be defective or not in of such replacement or repair. -- - - •- ..' •.. e -. - •,. _•-. 26. Ii TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. • PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials 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. Page 10of17 Fixed Term Service Agreement#2017-002(Ver 1) j�`4 16C3 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- - . . rightto perform investigations as may be d--••-_ -_- e -- . - • -:••e• assigned shall be available for an amount of time adequate to meet the required service w..- e e- -- -. e- .- • 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) 1 6 C 3 35. • ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of -- - ---• -- - _ _ • ._ _ - -- - - '--- - - -- - - 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(Ver.l) 1603 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) 1603 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 Crystal K.,Kjrrzel, Clerk of Court COLLIER COUNTY, FLORIDA & Com,troll4r4'' aj . k By: 0,10, Dated:. +� � '-) lycA L. gri S *.S , Chairman (SE 1,`'��'�a as to airman's " nature only. ShredQuick, Inc. Contratioi Witnesses: Contractor .•ntr-ctory" First Witness nature/ ,111.7a IT I6 Q TType/print signature and titlet 1JF Contr:cto'' •e •nd Witness TType/print witne nameT Ap• a• as to Ron Legality: '► , County ttorney I "re-4 'rint Name Item# (6Q Agenda 'a` 1'o— Date Date 3 131a-tap Recd oputy terk Page 14 of 17 Fixed Term Service Agreement#2017-002(Ver.1) fflo • 16C3 Exhibit A Scope of Services II■] following this page (containing 1 pages) this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement#2017-002(Ver.I) C 1 6 c 3 #19-7670 "Mobile On-Site and On-Call Shredding Services" EXHIBIT A SCOPE OF SERVICES The Collier County Solid & Hazardous Waste Management Division is looking to increase the shredding services offered to residents within Collier County. Services provided by the Contractor shall be all inclusive with no additional fees added. The Contractor must also meet or exceed federal, state, and local requirements for the collection, shredding, and disposal of documents. Specific qualifiers that are required include but not limited to the following: • Responds via phone/email within 24 hours • Provide detailed invoices within 15 days of the start of each month. • Provide certificate of destruction immediately after services are rendered • Maximize efficiency throughout the contractor's pickup up schedule Shredding Services (Category 1) At a minimum provide the following: • Provide continuous 8-hour level of service for the County on a monthly basis as well as for two special events during the year. o In the event one truck gets full a secondary truck must be provided to maintain service to residents. • A shredding truck shall be provided the first Saturday of every month from 8:00 AM to 4:00 PM at the following locations: o Naples Recycling Drop-Off Center o North Collier Recycling Drop-Off Center o Northeast Drop-Off Center • Provide the weight of shredded material collected in tons for each location within five (5) business days of each event. Roll Carts and On-Call Services (Category 2 and 3) At a minimum provide the following: • Service existing County owned recycling containers. • You may need to provide industry standard secured (lockable) 96-gallon roll carts to meet the required shredding needs. • Provide on-call shredding services that are performed on site • Be able to provide the same level of service to all six locations • County staff will not transport shredding containers from one location to another, the awarded vendor must be able to shred on location. • Provide the weight of shredded material collected in tons for each location within five (5) business days of each service Locations • Northeast Recycling Drop-off Center for each Event 825 39th Ave NE • Naples Recycling Drop-off Center for each Event 9950 Goodlette Frank Rd • North Collier Recycling Drop-off Center for each Event 2640 Corporate Flight Dr • Marco Island Recycling Drop-off Center 990 Chalmer Dr. Marco Island • Hazardous Materials Collection Center 3728 White Lake Boulevard • Immokalee Transfer Station 990 Stockade Road Immokalee 0 1603 Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 Fixed Term Service Agreement#2017-002(Ver.]) 1603 #19-7670 "Mobile On-Site and On Call Shredding Services" EXHIBIT B-FEE SCHDULE Pricing must be all inclusive.Mark up for any parts,leased equipment,materials,equipment,etc. shall be 10%.Documentation of awardees'cost must be provided with actual invoice from the supplier. Mark up for subcontractors shall be 15%. After hours will be calculated at 1 and 1/2 time. "Normal Business" hours is defined as County business hours;Monday through Friday 7:00 am to 5:00 pm. "After Hours" rates apply to weekends,County holidays and Monday through Friday after 5:00 pm and before 7:00 am. If a requested service starts during Normal Business hours and extends into the After hours period,the After Hours rate shall only be charged for time actually worked during the After Hours period. Category 1 Shredding Services Location Price Per Hour Naples Recycling Drop-off Center $100.00 North Collier Recycling Drop-off Center $100.00 Northeast Drop-off Center $100.00 Category 2 Roll-Carts Location Unit Price Marco Island Recycling Center $14.95 Household Hazardous Waste Facility $14.95 Immokalee Transfer Station $14.95 Naples Recycling Center $14.95 North Collier Recycling Center $14.95 North East Recycling Center $14.95 Category 3- On-Call Services Location Price per Pound All county departments $0.05 Marco Island Recycling Center $0.05 Household Hazardous Waste Facility $0.05 Immokalee Transfer Station $0.05 Naples Recycling Center $0.05 North Collier Recycling Center $0.05 North East Recycling Center $0.05 16C3 Other Exhibit/Attachment Description: ❑ following this page (containing pages) Oil this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement#2017-002(Ver.l) CAO 16C3 _ l DATE(MM/DD/YYYY) AC O CERTIFICATE OF LIABILITY INSURANCE 01/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Karyn Roeling Seibert Insurance Agency PHONE FAX 5121 Ehrlich Road, Ste. 111 lA/C.No.Extl• (813) 960-4672 (A/C,No):(813) 960-4689 E-MAIL Tampa FL 33624 ADDRESS: tins@seibertagency.corn INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:North Amer Capacity 25038 INSURED (941) 755-2600 INSURER B:Allied of America 10127 ShredQuick Inc US Datashred Inc INSURER C:Nationwide of America 25453 8374 Market Street INSURERD:Allied Property and Casualty 42579 Lakewood Ranch FL 34202 INSURERE: FHM 10699 INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 1800 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) C X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR Y ACPGLZO3019075540 12/27/2019 12/27/2020 PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL 8ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO-JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B X ANY AUTO Y ACPBAL3019075540 12/27/2019 12/27/2020 BODILY INJURY(Per person) $ • OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ • X AUTOS ONLY X AUTOS ONLY (Per accident)PIP Med Pay _ X $10,000 X $5,,000 Uninsured Motorist $ 1,000,000 D X UMBRELLA LIAB X OCCUR ACPCAP3009075540 12/27/2019 12/27/2020 EACH OCCURRENCE $ 2,000,000 _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ $ 2,000,000 WORKERS COMPENSATIONPER E AND EMPLOYERS'LIABILITY Y/N WC306-0026760-2019A 12/29/2019 12/29/2020 X STATUTE EERH ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 A Cyber/Network Liability C-4LQL-089928-CYBER-2018 02/06/2019 02/06/2020 $ 5,000,000 A Professional Liability C-4LQL-089928-CYBER-2018 02/06/2019 02/06/2020 $ 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners is included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract for any and all work performed on behalf of Collier County, and is subject to the terms of the policy. 30 days notice of cancellation. 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 3295 Tamiami Trail E AUTHORIZED REPRESENTATIVE Naples FL 34112 qU_\_,L ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1