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Backup Documents 12/13/2022 Item #16C7B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C / 8 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 'efi 41 31 ZZ 2. County Attorney Office County Attorney Office �� ),l/ 17;?__ 4. BCC Office Board of County Commissioners ve,N I /(S/Z - 4. Minutes and Records Clerk of Court's Officeyr ( r , pliqp-a- �1 311 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PROCUREMENT Contact Information 239-252-8950 Contact/ Department Agenda Date Item was DECEMBER 13, 2022 Agenda Item Number 16.C.7.b Approved by the BCC Type of Document CONTRACT Number of Original 1 Attached Documents Attached PO number or account N/A 22- SOUTHERN number if document is 7986(Secondary) SERVICE to be recorded Southern Service SOLUTIONS, Solutions, LLC LLC. 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 AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! _ 8. The document was approved by the BCC on 12/13/2022 and all changes made uring 5 N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved TREE Y N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the3 2022 - an option for Chairman's signature. niSkan br/4' this line. agernent FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 22-7986 for "Pest Control - Collier County Facilities" THIS AGREEMENT, made and entered into on this day of \e cer1l e - 20 22 , by and between SOUTHERN SERVICE SOLUTIONS, LLC authorized to do business in the State of Florida, whose business address is 4630 SW 147TH CT, Miami, FL 33185 _, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ❑■ upon the date of Board approval; or on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ■0 Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I ■ Invitation to Bid (ITB) Other ( }# 22-7986 , 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 2022_Ver.2 �Q-'a I6C7B 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 ICI The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. 3 I I I I Other • 3.4 The County reserves the right to specify in each Request for Quotations: the period 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): • hourly or material invoices presented, rather, the contractor must perform to the is-authenzeek I I es to pay the contract generally-used in projects in which it is net pess+ble te-accEi-Fateiy estimate the size of - . _ + _r,s r ;+ ; c,- + these contracts include back up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) ICI 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). Please see Exhibit A - Scope of Services for future price adjustment modifications. Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver 16c78 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 "Iaches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 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 I I (check if applicable)—Travel—and---ReiFrri iu sabte-€ lenses: Travel and Mileage $0.44.5 per mile greakfast Lunch $44,00 Diener $4-9700 Awe class fare Rental carL®ct—IYmt� o—c�mpuc�c; c yn�e rd-sriri". s Lodging with a cap of no more than $150.00 per night Pafking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine • 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. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2 e 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: SOUTHERN SERVICE SOLUTIONS, LLC Address: 4630 SW 147th CT Miami, FL 33185 Authorized Agent: Jesus Martinez, Owner/ Operator Attention Name & Title: Rena Perez, Area Telephone: (786) 291-0992 / (305) 407-4187 E-Mail(s): jmarti0812@gmail.com /southernservicesolutions@gmail.corr 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: John McCormick P.E., Interim Director of Facilities Management Division Name: Facilities Management Division Address: 3335 Tamiami Trail East, Suite 101 Naples, FL 34112 Administrative Agent/PM: Sandi Felke, Sr. Operations Analyst Telephone: (239) 252-2041 E-Mail(s): Sandi.Felke@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 2022_Ver.2 bj 16C7t1 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2 ' ' 1 6 C 7 this insurance. Such insurance shall have limits of not less than $ each : Coverage G- ❑ 4-Coverage shall have minimum limits of$ per claim. n : Coverage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2 1 6 C 7 d Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 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), El Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RF-R/ 0 ITB/❑ Othcr — #22-7986 , including Exhibits, Attachments and Addenda/Addendum, _ subsequent quotes, and ❑ Othcr Exhibit/Attachmcnt: 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, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2 cAca 16C7R including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, 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: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(t colliercountyfl.aov 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. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2 CO l6C7e All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. • CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2 C, 1 6 C 7 8 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. n WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. 10 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. • PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2 16C78 C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 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. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2 16C78 34. i utilized for right to perform investigations as may be deemed necessary to ensure that competent • • seven (7) days of the cha . pe,sonnet. ■ 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. j■l 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. • nt�n�u nG op�r�GnG�ir� among the terms of any of t 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 Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2 16C78 records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. Ell SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 0 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2 16C78 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 CO �r► •RIDA Court and mptrolter 61) �� / OA By: By: _...�- �, y Willl, m L. McDaniel, Jr. , Chairman Dated: '2' i& �4 (SEAL) Attest as to Chairman's signature only. Contractor's Witnesses: SOUTHERN SERVICE SOLUTIONS, LLC Contractor By: 0/7 Contr ctor's First Witness ji , re _ C . ,.1 3ie femme z TType/print signature and titlee TType/print witness amet . 7 f Contractor's Second Witness /7/64 0, iy / hr-71‘) r)ez TType7 rint Witness namet A o ed as to Fo a d Legality: 1 County. Attorney sit -11-- ' �wL Print Name 7 4 Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2,,{, .ti k t(;i 16C7d 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 2022_V21n Invitation to Bid(ITB) 22-7986 1 6 C "Pest Control—County Facilities" EXHIBIT A SCOPE OF SERVICES The services provided through this agreement are awarded on a Primary/Secondary basis as follows: Primary Contractor: POWER EXTERMINATORS, INC. dba POWERX Secondary Contractor: SOUTHERN SERVICE SOLUTIONS, LLC 1.0 General Information It is the intent of the County that pest control services are completed monthly(INTERIOR AND EXTERIOR)on County owned and leased buildings to prevent infestations and address any insect or rodent issues. The qualified Contractor will provide monthly services, call-backs, and specialized services as needed through the application of chemical and/or non- chemical pest control methods and resistance management practices(i.e.,baits,traps,etc.). Services include the application of chemicals,inspection of facilities and grounds,and installation/maintenance of bait traps.Rodent calls are handled through callbacks throughout the month. The awarded contractor shall furnish all labor,tools,equipment,materials,insurance,supervision, and any other item necessary to perform services as required by the Scope of Work.The Contractor must employ a responsible method of pest control management with the least possible hazard to people, property and the environment and the most judicious use of pesticides. If the Primary Contractor is not available,the County will utilize services from the Secondary Contractor. While the County intends to use the Primary and Secondary Contractors for the services outlined in this Scope of Work,the County reserves the right to seek services outside of the contract if the Primary and Secondary are unable to perform. 2.0 Monthly Required Services The awarded Contractor will be responsible for providing monthly pest control services including,but not limited to: 2.0.1. Spraying of the Interior and Exterior of facilities: • Control of common household pests, specifically ants, roaches, silverfish, firebrats, earwigs, millipedes,centipedes, crickets, scorpions, spiders, fleas,ticks, bees,wasps,hornets, etc. • Apply interior supplies / chemicals to buildings, including but not limited to offices, storage rooms, mezzanines, attics,kitchens, basements, labs, kennels, locker rooms,bathrooms, etc. • Special attention shall be paid to problem areas such as kitchens and bathrooms. o This requires monitoring and inquiry of building occupants. • Apply perimeter supplies/chemicals to the outside of the buildings which shall include but not be limited to porches, windows, window frames, eaves, patios, doorways, refuse areas, decks, under decks, and anywhere pests congregate. • Perimeter exterior treatment will be performed quarterly in addition to monthly service. Treatments may be applied no further than three (3) to four (4) feet away from the exterior wall and no more than two(2) to three(3)feet from the bottom of the exterior wall. Application of treatments to interior or exterior trees or other plant material is prohibited. • Perform additional treatments,as needed per Section 2.0.4. 2.0.2. Preventative Control of rats and/or mice,under and around the designated structures including the area extending to fifteen(15)feet. Traps must be checked daily until the condition is under control and less service is approved by the County Representative or designee. The County requests the following level of service: o Standard control for rats and/or mice is daily for seven(7)days from the reported incident then once per week for an additional three (3)weeks (total service four (4) weeks). Daily site visits will be required initially for seven (7) days, but may be extended, at the discretion of the County Representative or designee. Page 1 of 5 Exhibit A—Scope of Services Cr•-C) 16C7' R Invitation to Bid (ITB) 22-7986 "Pest Control—County Facilities" o The Contractor will provide deodorants,when necessary,at no additional cost,and will be utilized to overcome possible odors caused by rats and/or mice. However, even with deodorants, every effort must be made to remove the source of the odor,when/where accessible. 2.0.3. Following the monthly pest control services and site inspections, a written report/check list will be provided detailing the results of the inspection services completed, and making specific recommendations to the County Representative or designee for future remedial actions, etc. o Typically, pest control services will be completed during normal business hours(Monday-Friday, 8:00 am- 5:00 pm); however,the County Representative or designee may request services during off-hours,as deemed necessary by the County Representative or designee. o A surcharge calculated at time and a half(1-1/2 per hour) for off-hours, if necessary, and first approved in writing by the County Representative or designee. 2.0.4. Callbacks: If callbacks are necessary,the awarded Contractor(s)shall perform all callbacks within twenty-four (24)hours after receipt of written notice of the problem at no cost to the County. If a rodent or insect situation is not under control after two(2)callbacks,the County will utilize the services of the secondary contractor,and the contract with the primary contractor may be terminated. 2.0.5. County Work Order System: Contractor(s) may also be required to use the County's Work Management procedures, such as utilizing work order forms or future online work order system, at no additional cost to the County or Contractor.The Contractor will be responsible for utilizing any systems used by the County for work orders under this Agreement. 3.0 Service Locations Collier County currently has one hundred and fifty-nine(159) designated locations for which monthly service shall be provided. For reference purposes,the County has created the below table consolidating the number of buildings by size of location. Number Prior Annual Estimated Size of Location of Quantities(Sq Ft/Mo.) Buildings 0— 1,000 18 10,543 1,001 —5,000 52 128,820 5,001 — 10,000 33 247,946 10,001 —20,000 28 369,590 20,001 —50,000 20 565,531 50,001 — 100,000 4 285,932 100,001 —+ 4 674,930 4.0 Unit Prices The monthly pest control services are based upon a unit cost per"square foot"as outlined in the Exhibit B Fee Schedule. The unit prices shall be inclusive of all costs,including labor,materials,equipment,overhead,etc.,for the product or service requested. The special services are based upon a unit cost per"square foot","linear foot"and"hourly rate"as outlined in the Exhibit B Fee Schedule. The unit prices shall be inclusive of all costs,including labor,materials,equipment,overhead,etc.,for the product or service requested. The services with an associated hourly rate as a measure of cost will be paid only for actual time at the worksite and travel time will not be an allowable item. 5.0 Price Modifications Price increase requests may be submitted 12 months after the contract anniversary date based on the percent change(up or Page 2 of 5 Exhibit A—Scope of Services 0 Invitation to Bid (ITB) 22-7986 1 6 C 7 8 "Pest Control—County Facilities" down)of the Consumer Price Index(CPI). Retroactive price adjustments are not authorized.All requests must be submitted to the County Representative or designee.Any requested adjustment shall be fully documented and submitted to the County no less than thirty(30)days prior to the contract anniversary date.Any approved cost adjustments shall become effective as of the anniversary date or upon Procurement Director/Board approval. • Contractor shall provide supporting documentation justifying price increases(examples: Contractor's material agreements, distributor invoices,proof of fuel increases,etc.). • County Representative or designee shall analyze prices to determine if increases are fair and reasonable using the following methods: price competition(reviewing competitive bids or offers),market prices, historical prices, or independent estimates. • Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. • The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended.The bid tabulation shall be modified with the price increases and uploaded into the County's Finance system. • Price increase requests are not guaranteed. If approved, the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. The County may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive,or if decreases are insufficient. In the event the County does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the County,a contract termination will have to be processed. 6.0 Additions and Deletions of Locations The County Representative or designee shall attempt to provide advanced written notice to the Contractor of all additional and/or new locations. Pricing for additional locations shall be at the unit price specified in the square footage rates provided in the Contractor's proposal.If removing a location from coverage,the County Representative or designee shall provide written or electronic notice to the Contractor. The removed location shall not be billed for the month of removal. Any prepaid coverage fees will be refunded at a pro-rata amount to the County in the form of a credit on the subsequent billing. 7.0 Special Services Upon Request Special Services will be requested on an"as needed"basis. Special services can be contracted by all Departments/Divisions as needed for work not covered under the general scope of services. A scope of services will be provided,and a Purchase Order(PO)will be given prior to the services being performed. Each service is to be invoiced in accordance with the price set forth in the contract for the service rendered. These services are considered alternatives(the services are not a requirement of the contract but may be incorporated if the selected Contractor can provide the services).Any additional terms and conditions for termite services shall have been provided in conjunction with ITB 22-7986. These services include but are not limited to: • Termite inspections and treatments(initial or annual inspection/retreatments: o The Contractor will evaluate the area to determine the type of termites present and develop a course of treatment and provide it to the County Representative or designee for approval prior to service. o Any additional terms and conditions for termite services shall have been provided in conjunction with ITB 22-7986. o Entering,inspecting,and treating of specified structures must be performed to minimize interference with the daily routine of County employees and individuals using the facilities. The date and time of services must be mutually agreed upon by the County Representative or designee and the awarded Contractor(s). o Cost will be based upon the type of termite and unit of measure as stated on the Exhibit B Fee Schedule. Page 3 of 5 Exhibit A—Scope of Services ID 16C7d Invitation to Bid (ITB) 22-7986 "Pest Control—County Facilities" The below services require an hourly rate as defined on the Exhibit B Fee Schedule: • Rodent Exclusion Services: All form of rodent eradication; location and sealing off all entry points,gaps, holes,etc. o Treatment is dependent upon location of entry points and type of building(i.e.,wood, stucco,etc.). o Setting traps outside of the required 15' from a building(i.e.,parking lots,parks general areas) • Bed Bug Treatment: Treatment dependent upon level and location of infestation. 8.0 Personnel All Contractor(s) personnel will always have the Contractor's business name on their shirts and a Collier County Government issued badge/card available. Site access will be limited to required company vehicles and delivery vehicles only. Any parking at any of the County buildings or facilities is to be coordinated, in advance of starting a purchase order, with the County designee. Contractor(s) parking shall not interfere with County personnel or public parking or pedestrian traffic.Violators will be towed at owner's expense. • 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 always wear Collier County Government Identification badges 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@colliercountyfl.gov)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. • Collier County Sheriff's Office (CCSO)requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process,the Contractor is responsible for all costs. Proper behavior and language by all Contractor(s) employees will always be enforced while working on County property. Contractor(s)employees shall be prohibited from disturbing items in County offices,and from smoking in any ofthe County facilities. 10.0 Contractor Licensing Requirements A Florida Certified Pesticide Applicator's License must be maintained throughout the life of the contract. Service Technicians must always have the applicable licensing with them. Operator's licensing must be in the category of General Household Pest & Rodent Control. A copy of renewed licensing must be submitted to the County Representative or designee each year. Contractor must ensure that trained personnel with proper licenses apply pesticides. The Contractor shall use qualified technicians to complete all work in accordance with the requirements specified in this Scope of Work. At any given time,the Technician's credentials may be requested by the County. 11.0 Records/Documentation and Safety The Contractor(s)is responsible to maintain and update records for each serviced location.The documentation will include, and not be limited to,records of all service calls,services performed,site recommendations,and any additional services, if applicable.The Contractor(s)will maintain a service log for each site.The Contractor(s)will not charge for any call back work.All reports shall be sent to the County Representative,or their designee,noting date,type of service,location,etc. Page 4 of 5 Exhibit A—Scope of Services 11110 to Bid(ITB) 22-7986 8 Invitation "Pest Control—County Facilities" A current material,supplies,and equipment list shall be provided and updated on a quarterly basis with the updated list. The Contractor shall be responsible for the safe use and application of any pesticides or devices used in the pest control programs required under the contract. Protective clothing, equipment and devices shall as a minimum, conform to Occupational Safety and Health(OSHA)standard for the products being used. A Safety Data(SDS),in compliance with the standards set forth in Occupational Safety and Health Administration(OSHA)Hazard Communication Standard(H.C.S.), 29 CFR 1910.1200,shall be provided.This includes,but is not limited to: • The chemical name and the common name for the toxic substance. • The hazards or other risks in the use of the toxic substance,including but not limited to the potential for fire, explosion, corrosively, and reactivity; known acute and chronic health effects of the risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and the primary routes of entry and symptoms of over-exposure. • The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use or exposure to the toxic substances, including appropriate emergency treatment in the case of over exposure. • The emergency protocol for spills,fire,disposal,blood-borne pathogens,and first aid. • A description in lay terms of the known, specific potential health risks posed by the toxic substance intended to alert any person reading the information. • The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. • Note: All changes/updates shall be immediately reported to the County Representative or designee. Page 5 of 5 Exhibit A—Scope of Services CAc) Exhibit B Fee Schedule following this page (pages 1 through ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2"---` INVITATION TO BID ITB# 22-7986 1 6 C "PEST CONTROL - COLLIER COUNTY FACILITIES" EXHIBIT B FEE SCHEDULE SOUTHERN SERVICE SOLUTIONS, LLC (SECONDARY CONTRACTOR) MONTHLYPEST CO tifikc Item# Size of Location(Sq.Ft.) Unit Price 0—1,000 $24.60 Description: Monthly Price per square foot for locations under 1,001 square feet per location. Service Locations: Prior Annual Quantities estimated at 10,543 sq ft/mo(18 Bldgs).Prior quantities are not indicative of future use. 1,001—5,000 $28,60 Description: 2 Monthly Price per square foot for locations 1,001-5,000 square feet per location. Service Locations: Prior Annual Quantities estimated at 128,820 sq ft/mo(52 Bldgs).Prior quantities are not indicative of future use. 5,001—10,000 $35.00 Description: 3 Monthly Price per square foot for locations 5001-10,000 square feet per location. Service Locations. Prior Annual Quantities estimated at 247,946 sq ft/mo(33 Bldgs).Prior quantities are not indicative of future use. 10,001—20,000 $72.00< Description: 4 Monthly Price per square foot for Iocations10,001-20,000 square feet per location. Service Locations: Prior Annual Quantities estimated at 369,590 sq ft/mo(28 Bldgs).Prior quantities are not indicative of future use. 20,001—60,000 $88.00 Description: 6 Monthly Price per square foot for locations 20,001-50,000 square feet per location. Service Locations: Prior Annual Quantities estimated at 565,531 sq ft/mo(20 Bldgs).Prior quantities are not indicative of future use. 50,001—100,000 5145.00 Description: Monthly Price per square foot for locations under 50,001-100,000 square feet per 6 location. Service Locations: Prior Annual Quantities estimated at 285,932 sq ft/mo(4 Bldgs).Prior quantities are not indicative of future use. 100,001+ $39500 Description: 7 Monthly Price per square foot for locations over 100,001 square feet per location. Service Locations: Prior Annual Quantities estimated at 674,930 sq ft/mo(4 Bldgs).Prior quantities are not indicative of future use Drywood Termite Treatment $16 6.00'* 8 Description: Price per cubic foot for drywood treatment as needed. Subterranean Termite Treatment $9.95 9 Description: Price per linear foot for subterranean treatment needed. Rodent Exclusion $35.00 10 Description: Price per labor hour for rodent control as needed. Bed Bug Treatment I $35.00 11 Description: Price per labor hour for bed bug treatment as needed. *Spot Treatment Only 16C 8 Other Exhibit/Attachment Description: n following this page (pages through ) 0 this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.2