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#20-7743 (Ashbritt, Inc.)
FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 20-7743 for Emeraencv Caterina Services THIS AGREEMENT, made and entered into on this` day of 20 20 by and between Ashbritt, Inc. I-) authorized to do business in the State of Florida, whose business address is 565 E. Hillsboro Blvd., Deerfield Beach, FL 33441 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ❑■ upon the date of Board approval ❑ en 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 ❑■ Request for Proposal (RFP) ❑ ❑ Ether ' ) # 20-7743 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.I ) 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. ■ - - - - - ■ - X. o LOMWA 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): ■ -' ■ -- _ _ NZ the Q- al ❑■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 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. 9feaWa-st $6-99 t_ f $ 4--99 ref $a-9-99 AmFfaFe s4%4afe LedgiRg items will be paid E)Rly afteF hM PFE)Vided all MGeipts. GeRtFaGteF shall be associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.1) ONO Company Name: AshBritt, Inc. Address: 565 E. Hillboro Blvd Deerfield Beach, FL 33441 Authorized Agent: Dow Knight, Senior Vice President Attention Name & Title: Matt Gierden, Vice President Telephone: (954) 725-6992 E-Mail(s): mattC@_ashbritt.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Damon Grant Division Name: Facilities Management Division Address: 3335 Tamiami Trail East Naples, FL 34112 Administrative Agent/PM: Miguel Carballo, Manager Telephone: (239) 252-7609 E-Mail(s): Miguel.Carballo@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. Page 4 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 0 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑■ Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 5of17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.1) ' r� J r=xWyr-,ix+ r.:ir..:r.•�e.xw.....rw...•�++y::..:..::...::�..::..c.��.� _ ❑ .�(;Gveran- liFnitS e $ —per Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver. I ) 0 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management 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, FE-1 RFP/ ❑ 4T4347 QtheF #20-7743 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ❑■ Other Exhibit/Attachment: Federal Contract Provisions and Assurances. 17. APPLICABILITY. Sections corresponding to any checked box (■) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 0 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of- (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. am- 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. .. Page 9 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) MW NIER -• ., . , •- 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi -Contractor Agreement2017.008 (Ver.1) foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. - - ft..' OPINION 11"111-10 ._ Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.1) n■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. .-. _ _ - • ■_ ❑■ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) CAO County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. ❑ SAFETY. 114-6kUbGG itra . _ON . - - - - • (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) ��� N 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: Crystal K. Kinzel, Clerk of Courts & Comptroller By: oLo c. :�D,ateci~.., q .,,5\ itnesses: y, J" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders , Chairman ASHBRITT, INC. Contractor !:, By: 2� Contractor's First Witness Signature Dow Knight, Senior Vice President Charlie Knight TType/print signature and titleT .y elprio witness nameT ontractor's Second Witness Dilia Camacho TType/print witness nameT is to o m nd Legality: Countv Attornev rint Ndme Page 14 of 17 Fixed Term Service Multi -Contractor Agreement 2017.009 (Ver.1)4K CA//p Exhibit A Scope of Services ❑■ following this page (pages 1 through 5 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.I) Exhibit B Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver. 1) Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances ❑■ following this page (pages 1 through 9 ) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 0 RFP #20-7743 "Emergency Catering Services" EXHIBIT A -SCOPE OF SERVICES The terms "Vendor" and "Contractor" shall be used interchangeably throughout this Agreement. Collier County Facilities Management Division is seeking Vendor(s) capable of providing nutritious meals to support part or all of the feeding operation requirements in the event of an emergency or disaster. This contract has been awarded on a Primary, Secondary and Tertiary basis. 1. General: a. When the County declares an emergency or disaster is imminent or in process, the County will contact the Vendor to initiate the emergency catering services. b. No guarantee is expressed or implied as to the quantity of commodities and/or services to be procured. c. A County declared disaster may include, but not be limited to, storms, hurricanes, tornadoes, flooding, fires, homeland security activity, major police activity, acts of terrorism, etc. d. Catering requirements shall be based on the severity of the disaster but could range from one designated location in smaller events to over fifteen locations Countywide. Locations may include, but not be limited to, Collier County Emergency Operations Center, emergency responder staging areas throughout the County, and various emergency shelter locations throughout the County. e. Vendor(s) shall be required to provide and deliver cold box meals to locations within Collier County, as directed by the County. f. Vendor(s) shall be prepared to supply and provide catering services at the Emergency Operations Center during an extended lock -down period. g. Vendor(s) shall be prepared to supply and provide catering services (when appropriate) to designated locations throughout the County upon the County's request. h. Vendor(s) shall include in their proposal their cancellation policy as it pertains to this solicitation. 2. Event Preparation and Response a. A 48-hour verbal or written notice for emergency catering services will be given to the Vendor(s) when possible. The notice will include the nature of the emergency, the location(s) requiring the service(s), type of food and/or meals required, estimated quantity of food required, serving times, name and contact information for the County liaison, and any other relevant information. b. The Vendor(s) shall provide the requested emergency catering services within twenty-four (24) hours after the County issues the notice, unless the County provides a longer response time with the request. Time is of the essence. c. The County shall provide the Vendor(s) a verbal or written twenty-four (24) hour notice to discontinue the emergency catering service. The notice will include any clean-up requirements. Vendor(s) shall understand normal food and fuel suppliers may be inoperable during the emergency service period and utilities such as potable water and electricity may be shut off. The Vendor(s) shall plan and prepare accordingly to ensure services as requested are met. Exhibit A -Scope of Services Page 1 of 5 0 3. Vendor Responsibilities a. The Vendor(s) shall obtain all licenses and / or permits required prior to the start of an emergency service period at no additional expense to the County. b. All meals shall be prepared under Federal, State, and Local guidelines governing health and food service sanitation. If the food is served in and/or from Mobile Food Dispensing Vehicles, the Vendor(s) shall provide a copy of license and ensure the minimum specifications are maintained as required in section 61 C4.0161, Florida Administrative Code. https://www.flrules.org/ ag_tewa /� chapterhome.asp?chapter=61 c-4 c. The Vendor(s) shall provide all management, supervision, labor, materials, supplies, and any additional equipment needed to establish and operate a food service facility for dispensing food and beverages. Service shall be prompt, efficient, sanitary, and courteous and avoid undue interference with the operations of the facility in which services are being provided. The variety, menu, and appearance of food shall be consistent with food service industry standards. d. The Vendor(s) shall provide adequate number of employees to operate each requested location based on the number of meals being served. The Vendor's employees shall be clean and courteous to the public. Employees must have a current Health Department certification and have completed all required medical requirements. The Vendor(s) shall maintain current health inspection records as applicable to this solicitation. e. The Vendor(s) shall provide proper containers (i.e. microwave -safe for boxed hot meals) and utensils for all meals. Recyclable materials shall be used when commercially available. f. The Vendor(s) shall provide all items required for service, including, but not limited to, dishes, drinkware for hot and cold beverages, utensils, serving utensils, food tables, chafing dishes, beverage dispensers, napkins and condiments in single serve packets. The Vendor(s) shall maintain adequate supplies on hand and shall be responsible for re -stocking all supplies. h. The Vendor(s) shall promptly dispose of all refuse and waste material, created by the Vendor's operation, after each meal service. Trash removal and cleaning the service area shall be the Vendor's responsibility. i. The Vendor(s) is/are prohibited from serving leftovers. Leftovers shall become the property of the County and remain with the County after each meal service. The Vendor(s) shall box up, label and date leftovers and leave in the County refrigerator(s). j. The Vendor(s) shall provide at least two (2) emergency contact telephone numbers that will allow twenty- four (24) hours, seven (7) days per week contact. k. The Vendor(s) shall appoint one of its employees as the primary liaison and key contact for approval by the County during an active event. 4. Meal Requirements a. During an event, the Vendor(s) shall provide a daily menu that includes foods that are visually appealing, appetizing, and nutritionally sound. Three (3) nutritional and well-balanced meals per day (breakfast, lunch and dinner) shall be required upon request of the County. An additional late service meal shall be required for 24-hour emergency operations. In the event of this additional late service, the County will notify the Vendor(s) 24-hours in advance, when possible. b. Each meal served shall include the USDA recommended servings of protein, grains, fruits and vegetables. Breakfast shall consist of a standard portion of protein, fruit and dairy and be served as a hot meal Exhibit A -Scope of Services Page 2 of 5 CA© with cold meal choices. ii. Lunch, dinner and late shift meals shall contain an entree of either meat, pasta, or fish and include a salad option. iii. Vendor(s) shall only be required to provide one entree per meal. b. All meals shall be a minimum of one and one-half serving size. c. The Vendor(s) shall ensure availability to supply three (3) 16oz. bottles of water per person, per day. d. The Vendor(s) shall provide a choice for special dietary needs upon notice of the special dietary need(s) from the County (i.e. vegetarian, diabetic, kosher, gluten free, etc.). e. Boxed meals shall be appealing and travel well. f. Boxed meals shall include a deli style sandwich, bag of chips, piece of fruit, cookie, napkin and bottle of water. Similar items are acceptable upon approval by the County. g. The Vendor shall provide insulated gel packs for use in boxed meals as appropriate. h. The Vendor shall make available coffee and tea service with cups, sugar, creamer, stirrers, etc. on a 24/7 basis. Coffee (caffeinated and decaffeinated) shall be brewed onsite. Hot water and tea bags shall be made available. All materials required to brew and consume the coffee and tea shall be provided by the Vendor, including, but not limited to, coffee maker, coffee filters, cups, sugar, sugar substitute, creamer, flavored creamer, etc. Vendor shall make available at the County's request the following items: soft drinks (cans and / or plastic bottles — regular and diet options), iced tea, juice, milk, lemonade, snacks (chips, crackers, cereal bars, nuts, etc.). 5. Meal Count Process a. The Vendor(s) shall track each meal consumed and shall be responsible for managing the distribution process to ensure each person served is being accounted for and an accurate meal count is provided to the County following each meal. Tracking shall be accomplished through a monitored paper -based signature process or by electronic means. b. The meal count shall be provided to the County no later than two (2) hours after each meal service is complete. The number of meals counted shall be recorded and reconciled between the County and the Vendor(s) at the end of each meal service. 6. Servine Times a. Pre -event serving times will be established on an event -by -event basis. b. The County anticipates serving times as listed below. The times may change or vary depending on the nature of the disaster and / or emergency event. All times shall be Eastern Time Zone. Breakfast 7:00 AM until 8:30 AM Lunch 11:00 AM until 2:00 PM Dinner 6:00 PM until 8:00 PM Late Shift 12:00 AM until 2:00 AM (box dinner acceptable) Exhibit A -Scope of Services Page 3 of 5 7. All -Inclusive Pricing / Invoicing a. The Vendor's pricing shall be all-inclusive per meal as outlined in Exhibit B- Fee Schedule. Additional expense lines on an invoice will be rejected unless pre -approved by an appropriate County Representative. b. The Vendor's invoice shall be itemized with the actual meal count and appropriate meal pricing as outlined in Exhibit B-Fee Schedule of this Agreement. The invoice shall include location, date and time of the service(s). SAMPLE MEALS Days 1 thru 3 (example only) Breakfast 4 oz. Scrambled Eggs and Egg Substitute 2 oz. Breakfast Meat 1 pc. Breakfast Bread (waffle, pancake) or Toast Butter and syrup or jam 12 oz. Coffee, Juice or Milk Snack Lunch Dinner 1 ea. Muffin or Bagel 1 pc. Fresh Whole Fruit Fresh Tossed Salad 4 oz. Protein — Chicken, Beef, Fish, Pork, sandwiches, etc. 4 oz. Starch — pasta, potato, rice 3 oz. Vegetable — fresh/frozen 12 oz. Beverage Fresh Tossed Salad 6 oz. Protein — Chicken, Beef, Fish, Pork, dinner entrees, etc. 4 oz. Starch 3 oz. Vegetable Dessert — Cookie, etc. 12 oz. Beverage By Day 4 the County may begin to transition into remaining frozen items and introduce dry and canned products. The menu should become simpler and snacks are dedicated for workers only. Days 5 thru 7 shall be basic and meant to sustain nutrition thru shelf stable products. Day 4 (example only) Breakfast Hard Boiled Egg 4 oz. Dry Cereal or Hot Cereal 3 oz. Canned Fruit and or Yogurt 8 oz. Coffee or Water Snack Lunch "Workers Only" 1 ea. Granola Bar, Cheese, Dried Fruit or Bag of Chips Carrot Sticks or Celery Sticks Exhibit A -Scope of Services Page 4 of 5 Dinner Deli Sandwich Chips 12 oz. Beverage 8 oz. Entree — Lasagna, Pasta Bake, Raviolis 3 oz. Frozen or Canned Vegetable 12 oz. Beverage Dessert Day 5 thru 7 (example only) Breakfast 4 oz. Dry Cereal or Hot Cereal 3 oz. Canned Fruit and or Yogurt 8 oz. Water, Coffee if available Snack Lunch Dinner "Workers Only" 1 ea. Granola Bar, Cheese, Dried Fruit or Bag of Chips 8 oz. Soup or Chili, etc. 1 pc. Roll or Bread 3 oz. Vegetable — fresh/frozen 12 oz. Beverage 8 oz. Entree — Lasagna, Pasta Bake, Ravioli, Tuna Casserole, etc. 3 oz. Frozen or Canned Vegetable 12 oz. Beverage Exhibit A -Scope of Services Page 5 of 5 RFP #20-7743 "Emergency Catering Services" EXHIBIT B-FEE SCHEDULE ASHBRITT, INC. (PRIMARY VENDOR) Description Unit of Measure Unit Value Bundled Meal Service (Three Meals Per Day) Three 16oz. Bottles of Water Included Per Person $75.03 Breakfast Service Hot Per Meal $12.30 Lunch Service Hot Per Meal $15.99 Dinner Service Hot Per Meal $20.91 Boxed Meal Per Meal $20.91 Coffee and Tea Service -Per 24-hour period Per Period $8.05 Individual Servicing Soft Drink, Juice, Milk Per can/bottle $1.44 Lemonade, Iced Tea Per Gallon $5.75 Snacks (Chips, Crackers, Cereal Bars, Nuts, etc Per Package $1.85 Cancellation Fee must be confirmed by Count Per Person/ Per Incident $30 Prices shall remain firm for the initial term of this Contract. Exhibit A -Scope of Services Page 1 of 1 W, EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 c The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT I - i 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 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 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. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epagov_ls.mm/comprehensive- row_ curement-guideline-cpg- rp ogram Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Dividing total requirements, when economically. feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, asas�ropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following. Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Vill. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. EXHIBIT I -4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competentjurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress In connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000,00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. EXHIBIT I - 5 EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name AshBritt, Inc. Date 04/15/2020 Authorized Signature & J EXHIBIT I - 6 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR AshBritt, Inc. By: &?6✓ 4--_. Signature Dow Knight, Senior Vice President Name and Title 565 E. Hillsboro Blvd. Street Address Deerfield Beach, FI 33441 City, State, Zip 848970893 DUNS Number 04/15/2020 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: Z0001 FEMA Project Number: 4337DRFLP0000001 EXHIBIT I - 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT tvlll be Yerifed. Unverfacie statuses V.1II tequire the PP.ME to either prc+vde a re•,,t?4 statement or provide iourca documentation that ialidates a. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FE.0 NUMBER CONTRACT DOLLAR AMOUNT AshBritt, Inc. 65-0364711 TBD iiTHE PR:i.tE 4 FLOR'IOA{Ep'rIFtED OlSAO': A',TAGED lvmpAN y N 5 THE.4C7IVI7, OF THIS CONTRACT..- .MINCA,r OR 1;OMEN BUS.ri ESS ENTERPRISE= DBE? 'i N CONSTRUCTION? Y N i. CDISIMI8EAlf0E) OR MALE A SMALLOISADFM TAGEO SUSItiESSSACERTIFICATIOhFROM.THESMALLBUSINESS 10EIV Y N CONSULTATION? r N ADNttN15TRATION' WBE? i N OTHER? 01 N 508 W 'i N IS THIS SUBh1I55,ON A REVISION? 'i N F YES, REV SION NUMBER B. IF MIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION NIA OBE M/WBE SUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I ETH NPC" CODE I SU BJSUPPLIER I PERCENT OF CONTRACT VETERAN NAME SPECIALTY Ise e Bebvr) DOILLJ UPII DOLLARS TOTAL C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMTTTER DATE TITLE Of SU BMITTER Dow Knight 04/15/2020 Senior Vice President EMAILADDRESS Of PRIME [SUBMITTER) TELEPHONE NUMBER FAX NUMBER ritt.com 1 (954) 725-6992 j (954) 725-6991 NO" E 'ho mfermation is usad to track and report anticipated DBE cc ii,%E participation in tederall;-funded contracts Tare .anticipated DBE or NIBE amount is voluntary and v)ll not become pan cf the contractual terms. -his form mostbe subautted at time of response to a so0citavon f and v, hen awarded a County contract, the ,;rime will be asked to update the information for the grant compliance files _ ETMNICtTY -- coot BlackAimir an BA Hispanic a merican HA Native American NA Subcont ASIaRAmQrI'.an SAA Asian-PacIFiCAlnerican APA Non-Minority'Women NP.4N other: not of any other group listed o D. SECTION TO BE COMPLETED BY COLLIER COUNTY OEPA R.Th1ENTNAME I COLLIER CAnTRACTO IF&PFPor POrP£O. I GRANT PROGRAM;CONTRACT II ACCEPTED BY: I DATE EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION fTo be submitted with each bid or offer exceeding 5100,0001 The undersigned [Contractor] certifies, to the best of his or her knowledge, that 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. AshBritt, Inc. Contractor (Firm Name) LL✓ Signature of Contractor's Authorized Official Dow Knight, Senior Vice President Name and Title of Contractor's Authorized Official 04/15/2020 Date EXHIBIT I - 9 ACOR" CERTIFICATE OF LIABILITY INSURANCE LDATE(MM/DDIYYYY) 07/02/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 Pamela Johnson NAME: Rosier Insurance � 4-1635 Ac (239) 444-1415/oE/No :ANXt : 9696 Bonita Beach Road E-MAIL pjohnson@rosierinsurance.com ADDRESS: Suite 103 INSURERS) AFFORDING COVERAGE NAIC # Bonita Springs FL 34135 INSURERA: Hudson Specialty Ins. Co INSURED INSURER B Tastebuds Custom Catering Inc INSURER C : 1040 Collier Center Way #10 INSURER D : INSURER E : Naples FL 34110 INSURER F : COVERAGES CERTIFICATE NUMBER: 2020-2021 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 LTR TYPE OF INSURANCE AUUL INSD 5U13K WVD POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE �X OCCUR DAMAGE To RENTED PREMISES Ea occurrence 100,000 $ MED EXP (Any one person) $ 5,000 X LIQUOR LIABILITY PERSONAL&ADV INJURY $ 2,000,000 A Y HBD10031726-02 03/15/2020 03/15/2021 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO ❑ LOC JECT PRODUCTS - COMP/OPAGG $ 2,000,000 Liquor Liability Aggregate s 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAR DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County is included as an Additional Insured under the captioned Commercial General Liability policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E AUTHORIZED REPRESENTATIVE/'jam Naples FL 34112 1( ,Ell. 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED — BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) "Any person, entity, or organization with whom you have agreed, in a written contract or agreement, to be added as an Additional Insured on your policy, provided such written contract or agreement is fully executed prior to an "occurrence" in which coverage is sought under this policy." Section II — Who is an Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. HUD-GL 2010 07 13 Page 1 of 1 TASTCUS-01 ALAI ,4` oRO CERTIFICATE OF LIABILITY INSURANCE DATE7/2/2 DYYYY) /z/zo2o 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 AP Intego Insurance Group, LLC 1601 Trapelo Rd Suite 280 Waltham, MA 02451 CONTACT AME: PHONE FAX (A/C, No, EXt): (A/C, No): E-pAIL •support@apintego.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Technology Insurance Company 42376 INSURED INSURER B : INSURER C : Tastebuds Custom Catering Inc INSURER D : 1040 Collier Center Way #10 Naples, FL 34110 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: RFVISInN NHMRFR- 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 NUMBER POLICY EFF POLICY EXPLTR LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any oneperson) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICYFI iz LOC OTHER: GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS SSWN AUTOS ONLY E A�TOS ONLDY COMBINED SINGLE LIMIT BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PPeOaCcltlent AMAGE $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A TWC3854022 3/14/2020 3/14/2021 X PERTUTE I I OTH- ER E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYEE 11000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) For any and all work performed on behalf of Collier County. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. Naples, FL 34112 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: Named Insured Gregory Shapiro dba Tastebuds Custom Catering Inc. Address of Named Insured 700 102md ave N Naples, FI. 34108 POLICY NUMBER 410-8207-005-59G 1343-1321-D19-59A EFFECTIVE DATE OF 04.05.2020 THRU 10-05.2020 04-19-2020 THRU 10-19.2020 i POLICY 2011 MERCEDES SPRINTER 2011 MERCEDES SPRINTER DESCRIPTION OF Wp4PR7CC1B5543304 WD3PE8CB4B5590988 VEHICLE LIABILITY COVERAGE ®YES []NO ®YES ONO DYES ❑NO DYES DNO LIMITS OF LIABILITY a. Bodily Injury $1,000,000,00 $1,000,000.00 Each Person a. Bodily Injury i $1,000,000.00 $1,000,000.00 Each Accident b. Property Damage $1,000,000.00 $1,000,000.00 c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE ®YES ❑NO ®YES [:]NO DYES ❑NO ❑YES ENO COVERAGES $1,000.00 Deductible 1$ •000.00 $0.00 Deductible $0.00 Deductible a. Comprehensive Deductible YES ❑NO ®YES ❑NO ❑YES ❑NO ❑YES -INC b. Collision $1,000.00 Deductible $1,000.00 $0.00 Deductible $0,00 Deductible Deductible EMPLOYER'S NON -OWNERSHIP ®YES ONO ®YES ❑NO DYES ❑NO DYES ❑NO COVERAGE HIRED CAR COVERAGE ®YES ❑NO ®YES NO DYES ❑NO DYES ❑NO OFFICE 2507 07/02/2020 MANAGER Signature of Authorized Representative Title Agent's Code Number Date Name and Address of Certificate Holder �l Name and Address of Agent COLLIER COUNTY BOARD OF Cindy Miller -Ray, AGENT COMMISSIONERS P.O. Box 6678 3295 TAMIAMI TRAIL E Seffner, FL 33583 NAPLES, FL 34112 Check if a permanent Certificate of Insurance for liability coverage is needed: Check if the Certificate Holder should be added as an Additional Insured: 19 Remarks: ,'As provided for in Section 320.02 5 e , Florida Statutes the listed insurance olio s or surety bonds may not be canceled on less than 30 days written notice by the insurer to the Department of Highway Safety and Motor Vehicles, such 30 days notice to commence from the date notice is received -by the Department" Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County 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 158-44302 Rev. 9-94 Printed in U.S.A.