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Backup Document 06/28/2022 Item #16D 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 Q 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 7/1/Zi 2. County Attorney Office County Attorney Office 6716' v XdJ 4. BCC Office Board of Count y Commissioners LfiI by/y 1sl 7/ ZZ 4. Minutes and Records Clerk of Court's Office r/ �(�7r�� L Pe1/4r 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 Vanessa Miguel/PURCHASING Contact Information 239-252-8950 Staff Contact/ Department Agenda Date Item June 28, 2022 Agenda Item Number 16.D.5 was Approved by the BCC Type of Document CONTRACT Number of Original 1 Attached Documents Attached PO number or N/A 22-7966 COLLIER account number if' Collier Recreation RECREATION document is to be Baseball/Softball BASEBALL/SOFTBALL recorded Umpires UMPIRES Association, Inc. ASSOCIATION, INC. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM 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 VM 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 VM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip n 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 J time frame or the BCC's actions are nullified. Be aware of your deadlines! D 8. The document was approved by the BCC on 06/28/2022 and all changes made dt ilV N/A is not the meeting have been incorporated in the attached document. The County JUL 3 an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made,and the document is ready RiskiManm nt an option for Chairman's signature. C/ this line. I6DS FIXED TERM SERVICE AGREEMENT # 22-7966 for Baseball and Softball Officials THIS AGREEMENT, made and entered into on this 2 g+k day of 20 22 , by and between Collier Recreation Baseball/Softball Umpires Association, Inc. authorized to do business in the State of Florida, whose business address is 2072 Crestview Way, Naples, FL 34119 , (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 Moon the date of Board approval; or 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 not less than ten (10) days 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 I Purchase Order ❑Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Rcqucct for Proposal (RFP) ■ Invitation to Bid (ITB) n Other ( )# 22-7966 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. • The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement 2022_Ver.I 16 5 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): h ng transferred from the County to the contractor; and, as a business practice there arc no hem-Fly—or material invoices presented, rather, the contractor must perform to tho is authorized. n • time spent by the contractor's employees and subcontractors to perform the work(number which it is not possible to accurately estimate the size of the project, or when it is expected • of hours worked and billing rate by position (and not company (or subcontractor} timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. I■I Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 sufficient funds arc included in their budgct(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 2022_Ver.1 co 1605 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4 5 ❑ . Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel c*penscs shall be reimbursed as per Section 112.061 Fla. Stats. • Mileage $0.44.5 per mile L3r�� Icffast 0 Dinner Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard size vchicica Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Rafkinig Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine • items will be paid only after Contractor has provided all receipts. 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: Collier Recreation Baseball/Softball Umpires Association, Inc. Address: 2072 Crestview Way Naples, FL 34119 Authorized Agent: Michael F. Rivara President Attention Name & Title: _ Telephone: (239) 596-7262 E-Mail(s): Mfrivara(a�gmail.com Page 3 of 17 Fixed Term Service Agreement 2022_Ver.1 ��0 1605 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 Name: Parks and Recreation Division Division Director: Olema Edwards, Interim Address: 15000 Livingston Road Naples, FL 34109 Administrative Agent/PM: James Hanrahan, Supervisor-Recreation Telephone: (239) 252-4067 E-Mail(s): James.Hanrahan@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 Page 4 of 17 Fixed Term Service Agreement 2022_Ver.1 1605 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 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 L b+#ty: Covcragc shall have minimum limits of $--- gle Amr< fir 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. D. ❑ Professional Liabilityj Shall be maintained by the Contractor to ensure its legal Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not lees than $ each E. Li m limits of$ per�la1m. F. 7 : Covcragc shall have minimum limits of$ per claiw . Page 5 of 17 Fixed Term Service Agreement 2022_Ver.I 1605 G. 7 : Coverage shall have minimum limits of$ per claim/Occurrence. H. n : Coverage shall have minimum limits of$ per claim/Occurrence. 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 Page 6 of 17 Fixed Term Service Agreement 2022_Ver.1 16d5 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 Parks and Recreation 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), Iui Exhibit A Scope of Services, Exhibit B Fee Schedule, RFR/ • ITB/ Other #22-7966 , including Exhibits, Attachments and Addenda/Addendum, I I 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 Page 7 of 17 Fixed Term Service Agreement 2022_Ver.I G�'b 16D5 Records Law Chapter 119, if applicable, 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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(a.colliercountyfl.gov 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 Agreement 2022_Ver.1 es. I6Da 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. ❑ i rubbish and waste materials arising out of the Work. At the completion of the Work, 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. ❑ WAR AAITV equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfac the purpose intended. Goods shall be delivered free from any security interest or other Page 9 of 17 Fixed Term Service Agreement 2022_Ver.1 0 � G 16 0 k and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. if, within one (1) year after final completion, any Work is found to be defective or not in for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties arc in addition to those implied 26. ri • , • 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. . of any such loss or damage until final payment has been made. If Contractor OF to the Work, or other work or materials of the County or County's separate to replace such loss or damage shall be deducted from any amounts due Contractor. 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 , Contractor is legally liable, disturbs the County's benchmarks, Contractor shall ty shall re establish the benchmarks and 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, Page 10 of 17 Fixed Term Service Agreement 2022_Ver.1 �y^ 1605 or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ri e#ment—te—be--','gized--fof re of expertise. The County reccrvcc the pesons will be utilized in the performance of the Agreement. The Contractor shall assign assigned shall be available for an amount of time adequate to meet the required service 44Ef+t+eRfe met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within peFsennek Page 11 of 17 Fixed Term Service Agreement 2022_Ver.I GJt� 16D5 I■I AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. I■I 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. n among the terms of any of the Contract Documents and/or the County's Board approved precedence over the Documents cannot be resolved by application of the Supplemental Conditions, if any, or 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 Agreement 2022_Ver.] Goo 1605 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. n SAFETY. All Contractors and subcontractors performing service for Collier County aro State and 'e-nle • le-fef the s fe y of 4heir employees and any unsafe acts or conditions that cause injury Of Collier County for the purpose of inspection of any Contractor's work operations. This provision is non 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 the project is taking place Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement 2022_Ver.1 160 5 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. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Comptroller / -I) e• By: A./�; F/ By: ` Willi L. McDaniel Jr. Qhairrnan Dated: ,, ,,i,`.. (SEAL i Attest as tcharital Collier Recreation Baseball/Softball Umpires signature onty« Association,Inc. Contractor's Witnesses: Contractor By: Athz-176 o tractor's F)rs Witness Signature iCitA/g L r 41✓4-KA A'65/b#fA)J ->bra ` 005 TType/print signature and tit(eT TType/print witness nameT ontractor's Second Witness /. ..'7--- ._ / /'(.44/1 t/�R/7 TType/print witness name Approv a o orrn and Legality: ,i) County Attorney 0 DO d Print Name (e12- Page 14 of 17 Fixed Term Service Agreement 2022_Ver.I C110 I605 Exhibit A Scope of Services n following this page (containing 3 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement 2022_Ver.1 GtO Invitation to Bid (ITB) #22-7966 `Baseball and Softball Officials" 1 6 Ii 5 EXHIBIT A SCOPE OF SERVICES The terms"Vendor" and"Contractor" may be used interchangeably throughout this Agreement. The terms "Division" and"County" may be used interchangeably throughout this Agreement. DETAILED SCOPE OF WORK The Collier County Parks and Recreation Division (the"Division") is seeking certified officials on an as-needed basis to serve as umpires for baseball and softball games. The officials must wear a uniform while umpiring the games. The number of officials required at all games for Men, Coed, 35 and older, and Church Leagues will be two (2). This determination will take place during the mandatory Team/ Coaches meeting for the leagues which are set approximately one month before the start of the season. It is estimated that officials will be requested for a maximum of seventy-five (75) games per week. The Parks and Recreation Division will provide a regular-season schedule four (4) days before the start of the season. The Vendor will be required to provide a list of certified umpires with contact information. If a game is canceled or postponed,the Division will contact the official an hour and a half(1 %)before game time. If the games are not canceled or postponed at least one hour prior to the scheduled game time by the Division, each first game will be paid. The Vendor is to ensure that all personnel utilized for officiating services are knowledgeable in all applicable rules and regulations, as they pertain to this sports activity. Such officials must have a complete understanding and knowledge of the methods of common scorekeeping practices for the sports activity in question. At the option of the County, such officials may be tested as to their knowledge of these rules and procedures. In the case of a protested game where the protest is upheld, the game shall be replayed in accordance with applicable league play from the point of protest. Officiating services for such games shall be provided at no additional cost to the County. A. Officiating Procedures Officials shall arrive at the game site in the proper uniform a minimum of fifteen (15) minutes before the scheduled time for the first game. Delays or interrupted start-up time, caused by the failure of timely arrival, may result in one- half of the game fee being forfeited and returned to the County as a penalty. Complete and sign a score report card at the end of each serviced game. This card will be deposited in a designated area after the last daily scheduled game. In the event of a forfeited or canceled game,the umpires scheduled for such games will be required to move to another field and work_with a two (2) man umpiring crew. The decision for such action will be solely at the discretion of the County's Program Supervisor. The County reserves the right to observe and critique all umpire performance at any given time. If performance is unsatisfactory, the County has the right to remove any umpire who fails to perform his/her duties as defined in this agreement or for any behavior deemed inappropriate by the County. Page 1 of 3 Exhibit A— Scope of Services GQ,O 1605 Invitation to Bid (ITB) #22-7966 "Baseball and Softball Officials" The Vendor shall be responsible to provide umpire services for all regularly scheduled Collier County Parks & Recreation Division adult league softball games. This shall include all regular,playoff, and tournament league games. The Vendor shall provide qualified and accredited umpires from accredited softball associations. The officiating body must hold NSA, ASA, ISPS, or USSSA Certification to be considered and will be the governing body for the rules and regulations for Collier County Parks and Recreation Division baseball/softball leagues and as such; all officials must: 1. Possess knowledge of their current rules and Collier County rules to make good judgment calls. a. Umpires must be certified; sanctioning organization is required to provide names and certifications of all umpires that will be officiating games. 2. Control and supervise all aspects of the game and or spectators while umpiring. 3. Umpires must conduct a Coach's conference at home plate before the game to collect team line-up cards,team player cards, and review ground rules for the game. 4. Umpires must score games and announce scores every one-half inning while keeping track of inning, outs, balls, and strikes. Umpires to keep score on the scoreboard if provided by park staff 5. Submit a Collier County scorecard to the softball staff on duty after the games for the evening. Both the home plate and base umpires are required to approve and sign each game scorecard. 6. Report any unsportsmanlike conduct in writing to the NCRP Athletics Supervisor or designee. Provide a standard form for this circumstance. Unsportsmanlike conduct is defined as conduct or bad sportsmanship that is foul or offensive. This can be anything that violates a sport's generally accepted rules of sportsmanship and participant conduct. 7. Represent the umpires at the organizational meetings held throughout the year for all leagues. The Division will provide notification of these meetings one week in advance. 8. Umpires to verify the legality of all bats and balls. All balls must meet the following standards: Men's ball: 12 inches .44 CORE — 375/400 compressions. Women's ball: 11 inches .44 CORE — 375/400 compression. Bats must have the NSA stamp on the bat. 9. No new inning shall begin after 55 minutes for a regular game, 60 minutes for a playoff game, and no time limit for any championship games. 10. In the event of a scheduled single game, Parks and Recreation agrees to pay for two games. 11. If the first pitch of any game has been thrown,the umpires will be paid for such game. 12. If weather does not permit the game to continue, the umpire will still be paid for that game whether the game has been completed or not. 13. Parks and Recreation agrees to a four-day notice of scheduling. Page 2 of 3 Exhibit A—Scope of Services 0 1605 Invitation to Bid (ITB) #22-7966 "Baseball and Softball Officials" B. Locations The County reserves the right to administratively add/remove locations during the term of the agreement. The Vendor is required to provide services at ALL County selected playing fields to maintain compliance with the this agreement. Facilities include but are not limited to: Big Corkscrew Island Regional Park 810 39th Ave. N.E.,Naples, FL 34120 Corkscrew Elementary 1065 County Rd 858,Naples, FL 34120 Donna Fiala Eagle Lakes Community Park 11565 Tamiami Trail E,Naples, FL 34112 East Naples Community Park 3500 Thomasson Drive,Naples, FL 34112 Golden Gate Community Park 3300 Santa Barbara Blvd,Naples, FL 34116 Immokalee Community Park 321 N 1st Street, Immokalee, FL 34142 Max Hasse Community Park 3390 Golden Gate Blvd W,Naples, FL 34117 North Collier Regional Park (NCRP) 15000 Livingston Road,Naples, FL 34109 Sabal Palm Elementary 4095 18th Ave NE,Naples, FL 34120 Veterans Community Park 1895 Veterans Park Drive,Naples, FL 34109 Vineyards Community Park 6231 Arbor Blvd W,Naples, FL 34119 Page 3 of 3 Exhibit A— Scope of Services G4,� 16D5 Exhibit B Fee Schedule following this page (containing pages) Page 16 of 17 Fixed Term Service Agreement 2022_Ver.1 GtO Invitation to Bid (ITB) # 22-7966 "Baseball and Softball Officials" 1 6 Q 5 EXHIBIT B FEE SCHEDULE Rates are an all inclusive flat-fee Amount* Description Unit One (1)Official—Year 1 (All locations excluding Immokalee) Per Game $33.00 One(1)Official—Year 2 (All locations excluding Immokalee) Per Game $34.00 One(1)Official—Year 3 (All locations excluding Immokalee) Per Game $35.00 One(1)Official--Year 1 —Immokalee Community Park Per Game $46.00 One (1)Official—Year 2 -Immokalee Community Park Per Game $47.00 One (1)Official—Year 3 - Immokalee Community Park Per Game $48.00 *Prices shall remain firm for the initial term of this contract. Renewal option rates may be negotiated. Page 1 of 1 Exhibit B—Fee Schedule ()4,0 16C15 Other Exhibit/Attachment Description: ❑ following this page (containing pages) ❑■ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement 2022_Ver.1 G�,0 I D5 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/22/2021 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 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: HNEWestpoint Insurance Group, (A/JC,No,Ext): (800)318-7709 FAX No): a division of Webb Financial Group, LLC ADDRESS: P.O. Box 1495 PRODUCER 00009804 CUSTOMER ID#: Bridgeview IL 60455 INSURER(S) AFFORDING COVERAGE NAIC iY INSURED INSURER A:HDI Global Specialty SE INSURER B: INSURER C: National Softball Association INSURERD: P.O. Box 7 INSURER E Nicholasville KY 40340 INSURERF: COVERAGES CERTIFICATE NUMBER:CL21122100248 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 LTR INSR yyp POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY EACH OCCURRENCE $ 3,000,000 X COMMERCIAL GENERAL LIABILITY PRMMGE TO RENTED PREMISES(Ea occurrence) $ 300,000 CLAIMS-MADE X OCCUR X RDGL003700586 01/01/2022 01/01/2023 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 3,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3,000,000 POLICY PRO- ri LOC PARTICIPANT LEGAL.LIAR $ JECT 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) NON-OWNED AUTOS S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMDER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101.Additional Remarks Schedule,if more space Is required) The certificate holder is named as additional insured with respects to the NSA sanctioned events. Collier County Government, as Additional Insured for Tournaments and/or Athletics performed in Collier County. 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 Commission 3327 Tamiaami Trail E. — Naples, FL 34112 AUTHORIZED REPRESENTATIVE - ��,, Chris Webb/HAM (A I _. C/ ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD