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Backup Documents 04/25/2023 Item #16A10 (Superior Landscaping & Lawn Service, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 1 0 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 ( 1f' 123 2. County Attorney Office County Attorney Office SQL U (� 4. BCC Office Board of County / / Commissioners �, $3' (if Y/Z7/2 3 4. Minutes and Records Clerk of Court's Office t_1 jQ`` AAt V"k) gkitw 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 Patrick O'Quinn/PROCUREMENT Contact Information 239-252-6020 Contact/ Department Agenda Date Item was APRIL 25TH,2023 Agenda Item Number 16.A.10. Approved by the BCC Type of Document FIXED TERM SERVICE Number of Original 1 Attached AGREEMENT Documents Attached PO number or account N/A 23-8069 SUPERIOR number if document is TREE & PALM LANDSCAPING & to be recorded MAINTENANCE LAWN SERVICE 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 PRO 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 PRO 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 PRO 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 04/25/2023 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County .t 10 an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. RECEIVED APR 251923 16A t O MEMORANDUM Date: April 27, 2023 To: Patrick O'Quinn, Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #23-8069 for "Tree and Palm Maintenance" Contractor: Superior Landscaping & Lawn Service, Inc. Attached for your records is an original of the referenced document above, (Item #16A10) adopted by the Board of County Commissioners on Tuesday, April 25, 2023. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 1 6 A I 0 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 23-8069 for "TREE & PALM MAINTENANCE" THIS AGREEMENT, made and entered into on this Z CI"' day of AO': I 20 23 , by and between SUPERIOR LANDSCAPING & LAWN SERVICE INC. authorized to do business in the State of Florida, whose business address is 2200 NW 23rd Ave, Miami FL 33142 _, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESS ETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing • upon the date of Board approval; Gr 044 and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑� Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of _ 0 Invitation to Bid (ITB) I I ! er ( 3# 23-8069 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.3 1 6 A 1 0 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3,3 ❑ s Agreement is outlined ❑ other Exhibit/Attachment: • 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): fie satisfaction of the County's project manager before payment for the fixed price contract is authorized. n Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 1 6 A 1 0 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 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 n : Travel and -Reimbursable Expenses must be approved in advance in writing by the County. Travel- expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the foltewi -rate& Mileage $0.44.5 per mile BFea kfast $6700 l= lf Dinner $4-9-00 Airfare el-ass-fa-Fe Rental car Actual rental cost limited to compact or Ledging Taxi or Airport Limousine Actual cost of either taxi or airport limousine • long distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 cp3'27,) 16A10 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: SUPERIOR LANDSCAPING & LAWN SERVICE INC. Address: 4841 Buckingham Rd Fort Myers, FL 33905 Authorized Agent: Orlando Otero, President-Director Attention Name & Title: Maria Valdes, Vice President Telephone: (305) 634-0717 E-Mail(s): JOtero@superiorlandscaping.com /Superlandscape@bellsouth.net Jesenia Otero, Estmimating Coordinator 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: Trinity Scott, Department Head Division Name: Road Maintenance Address: 4800 Davis Blvd. Naples, FL 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist Telephone: (239) 252-5591 E-Mail(s): Melissa.Pearson@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.3 6A 1 O 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. n Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of$ 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.3 16A10 D- n liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims undcr this insurance. Such insurance shall have limits of not less than $ ash claim and aggregate. €- . F ❑ : Coverage G- n 4-Govecage shall have minimum limits of$ per claim. H ❑ :mover ge 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.3 1 6 A 1 0 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 Road Maintenance Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), • Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/ • ITB/n Other #23-8069 , including Exhibits, Attachments and Addenda/Addendum, I I subsequent quotes, and n Other Exhibit/Attachment: Federal Grant Provisions & Assurances 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 r" 16A / 0 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, as well as the requirements set forth in Florida Statutes, §448.095; 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(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 Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16A i Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 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. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16A10 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. 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. ❑■ 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. Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16A10 B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 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 Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16A10 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. n this project shall be knowledgeable in their areas of expertise. The County reserves the as many people as nece• n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ❑ DENC . • 2 eRc'c-: n ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16A Q costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. ■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16AI0 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 4<i lael,-Ct roof the Circuit COLLIER COUNTY, FLORIDA Court ant Comp tiller �, . By _ By: / Rick LoCastro , Chairman Dated: A. (S ),'.Jttes 13 Ch irman's L .signair only Contractor's Witnesses: SUPERIOR LANDSCAPING& LAWN SERVICE INC. Contractor DBA By: 7-/ -/j Contr s irst Witness ;Signatures Orlando Otero, President Aileen Villa ana - TType/print signature and titleT T e/print itness nameT tonttractor's eQ Witness Sandra Arroyo TType/print witness nameT pr ve as t F r and Legality: ...e_r".. 1_____, C my Attorney Print ame Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 1. ' 16A10 Exhibit A Scope of Services ❑■ following this page (pages through 7 ) ❑ this exhibit is not applicable Page 15of17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16A10 Invitation to Bid (ITB) "TREE &PALM MAINTENANCE" EXHIBIT A SCOPE OF SERVICES The services provided throughout this Agreement shall be awarded on a Primary/Secondary basis as follows: Primary Contractor: Tree Scaping of Naples Inc. Secondary Contractor: Superior Landscaping&Lawn Service Inc. BACKGROUND Road Maintenance Division and other County Divisions are responsible for preventive maintenance of trees and palm in medians,right-of-way(ROW),and County-owned properties throughout Collier County. DETAILED SCOPE OF WORK The intent of this solicitation is to obtain tree and palm maintenance services for County owned landscaped medians, right-of-way(ROW), and maintained properties as a preventive maintenance program to sustain the long life of palms and trees,improve sight lines,provide clearance,and reduce the risk of tree branches and palm fronds from falling into the roadway. The Contractor is responsible for providing competent and qualified personnel with adequate equipment to perform the work requests. The County may request services from Category A and/or B. • Category A.1 through A.3 shall have an ISA Certified Arborist on site providing supervision and guidance for the crew. • Category B.1 through B.2 does not require a Certified Arborist only a crew leader and service crew. SPECIFICATIONS: The Contractor is responsible to complete work as needed per the specifications and pruning standards referenced. Refer to pruning standards: Tree Care Industry Association (TCIA), American National Standards Institute(ANSI)A300(Part 1—Pruning),and University of Florida Extension (IFAS)Pruning Landscape Trees and Shrubs. a) Do not block public passage on sidewalks, streets,or roadways without prior arrangements. b) Sterilize pruning tools to minimize the risk of bacterial infections and prevent disease transmission. c) Contractor shall have a bucket truck for reduction cuts, large branch removal, large cross branch removal, canopy pruning, large palm pruning,and any other pruning as required. d) Exotic growth or growth not of the same species shall be removed from the tree including vines. e) Do not stockpile trimming debris in work areas.All debris must be removed and hauled away the same service day prior to leaving the job site. f) No climbing spikes,irons,or other footwear that may cause injury to trees and palms are authorized. Page 1 of 7 Exhibit A—Scope of Services 16A /lq) Invitation to Bid (ITB) "TREE & PALM MAINTENANCE" 1. Tree Maintenance(Category A.1): Services for tree maintenance may include but are not limited to the following. 1.1. Cleaning: The selective removal of dead, diseased, cracked, stubbed, hanging, and broken branches. This service can be performed on trees of any age but is most common on middle-aged and mature trees. 1.2. Thinning: Thinning increases sunlight penetration and air movement throughout the crown to maintain interior foliage. Selectively remove small live branches to reduce crown density. Proper thinning retains the crown shape and size and provides an even distribution of foliage throughout the crown. 1.2.1. Thinning includes removing dead or broken limbs 1-inch diameter or larger, if two limbs are crowning or touching each other,shorten or remove one of them;originate within 12- inches of each other on the trunk,shorten or remove one of them. 1.2.2. Directional prune so future growth is directed away from the roadway,sidewalk,building, streetlights,or other obstructions. 1.2.3. No excessive branch removal on the lower 2/3 of a branch or stem (lion tailing). This may cause adverse effects on the tree and is not an acceptable practice. 1.2.4. Thinning the crown requires approval by County Project Manager. The percentage of foliage must be specified. The removal percentage is between 10 through 15 percent and should not exceed 25 percent of the foliage when using pruning to thin methods. 1.3. Raising: Prune to raise,elevate,or lift the tree canopy by selective removal of branches to provide vertical clearance. 1.3.1. Raise the crown to shorten or remove the lower branches to provide clearance for buildings, signs, vehicles, pedestrians, and vistas. The live crown to clear trunk ratio should be no less than 50 percent when raising is completed. 1.3.2. Branches over paved areas shorten or remove to approximately 10 feet over sidewalks, 16 feet over travel lanes,or clearances specified by the County Project Manager. 1.3.3. Approximately 1/3 of the foliage should originate from the branches on the lower 2/3 of each tree following pruning. 1.4. Reducing: Prune to reduce through the selective removal of branches and stems to decrease the height and/or spread. 1.4.1. Prune to minimize the risk of failure, reduce the height or spread, clear vegetation from buildings,or structures,and improve the appearance of the plant. 1.4.2. Portions of the crown, such as individual limbs,reduce to balance of the canopy,provide clearance, or reduce the likelihood of breakage of limbs with defects. Occasionally, the entire crown may need reducing. 1.4.3. Crown reduction should be accomplished with reduction cuts,not heading cuts. Page 2 of 7 Exhibit A—Scope of Services 16 A 11 Invitation to Bid (ITB) "TREE & PALM MAINTENANCE" 1.5. Structural Tree Pruning: Remove live branches and stems to influence orientation, spacing, growth rate, strength of attachment, and ultimate size of branches and stems. The removal percentage is between 25—50 percent depending on the tree type. 2. Palm Maintenance (Category A.2): Palms throughout the County have varying heights that may extend up to 60 feet.The Contractor shall have the equipment and personnel to meet these requirements including a bucket truck. The palm pruning objective is to reduce risk and enhance aesthetics by removing dead and dying fronds to develop flowers and fruit. 2.1. Fronds with petiole drooping below the horizontal position(9:00-3:00 clock)should be removed. Do not remove live healthy fronds above the horizontal position. 2.2. Do not damage live trunk tissue during frond removals. 2.3. Remove seed pods including those originating among remaining fronds. 2.4. Remove sprouts and stems to maintain one trunk. 2.5. Sabal Palms shall be trimmed to remove loose"boots"and provide for a clear trunk. 2.6. Do not trim palms with no trunk. 2.7. Remove exotic growth or growth that is not of the same species, including vines. 2.8. Remove fronds,fruit,and flowers,stems, loose petioles that may create hazardous conditions. 2.9. Clean up the service area,haul away debris,and dispose of it at a legal dumping site. 3. Additional Plant Species (Category A.3): The category is for additional plant species not listed on the EXHIBIT B FEE SCHEDULE in Category A.1 or A.2. These services require a certified arborist to be onsite overseeing the crew.The specifications for this category are in section 1.Tree Maintenance and 2.Palm Maintenance above. 4. Crew Leader, Service Crew, & Equipment (Category B.1 & B.2): Trim or prune overhanging, hazardous, or unhealthy branches, fronds, and other plant species (trees, palms, shrubs, etc.) The category does not require a certified arborist to be onsite overseeing crews. 5. FEE SCHEDULE: The EXHIBIT B FEE SCHEDULE consists of two categories;A and B. 5.1. Category A.1 Tree Maintenance: Trees under 30 feet(A.1.1)and Trees over 30 feet(A.1.2).The unit price includes materials,equipment(i.e.,bucket truck,chipper,hand tools,chainsaws,etc.), fuel, Certified Arborist,crew,equipment operators,Temporary Traffic Control(TIC), clean up, haul away,disposal,and disposal fees to complete the work. 5.2. Category A.2 Palm Maintenance: The unit price includes materials,equipment(i.e.,bucket truck, chipper, hand tools, chainsaws, etc.), fuel, Certified Arborist, crew, equipment operators, Temporary Traffic Control (TTC), clean up, haul away, disposal, and disposal fees to complete the work. Category A.3 Additional Plant Species (Certified Arborist, Crew, &Equipment: The unit price is an hourly rate for other plant species (trees, palms, shrubs, etc.) not listed on the Page 3 of 7 Exhibit A—Scope of Services 16A1c Invitation to Bid (ITB) "TREE & PALM MAINTENANCE" EXHIBIT B FEE SCHEDULE that includes Certified Arborist, crew, equipment, equipment operator(i.e., bucket truck, chipper, hand tools, chainsaws, etc.), fuel, materials, clean up, haul away,disposal,disposal fees,and Temporary Traffic Control. 5.3. Category B.1 Crew Leader, Service Crew& Equipment(No Certified Arborist)An hourly rate unit price to trim or prune overhanging or unhealthy branches, fronds, and other plant species (trees, palms, shrubs, etc.) The category does not require a certified arborist to be onsite overseeing crews.The unit price includes crew leader,crew,equipment,equipment operator(i.e., bucket truck,chipper,hand tools,chainsaws,etc.),fuel,materials,clean up,haul away,disposal, disposal fees,and Temporary Traffic Control. 5.4. Category B.2 Emergency Work: A per tree unit price for the removal of broken limbs or branches that are 2 inches or larger in diameter(measured at the point of break).The emergency work can either FEMA related or anything that poses an immediate threat to the health, safety, and well- being of the County staff and/or public. Only the minimum cut necessary to remove the hazard is eligible (Note: FEMA-related reimbursement example: cutting a branch at the trunk is ineligible if the threat can be eliminated by cutting it at the closest main branch junction). • A broken limb or branch that is hanging over improved property or public-use areas, such as trails, sidewalks, or playgrounds that could fall and cause injury or damage to improved property. • The limbs or branches extending over the public ROW. • The limbs or branches pose an immediate threat. 6. LICENSES AND CERTIFICATIONS: The Contractor shall have and maintain through the life of the contract the following valid and current insurances, licenses, and certifications as required by statute, law,and administrative rules during the contract term,renewals,and extensions. 6.1. Collier County Contractor License: Tree Removal and Trimming OR Landscape OR General Contractor(Categories A& B). 6.2. International Society of Arboriculture(ISA)Certification(Category A only). 6.3. Valid Maintenance of Traffic (MOT) or Temporary Traffic Control (TTC), Intermediate Level Certification(Categories A& B). 7. WORK COMMENCEMENT: Work shall commence with the issuance of a purchase order. 8. WORK HOURS: Monday through Friday from 7:00 a.m. to 5:00 p.m. The Contractor may request permission from the County Project Manager to work outside the daytime hours and workdays. There is no additional compensation for working on weekends,holidays,or evening hours. 9. WORK DELAYS: If there are delays in work notify the County Project Manager immediately and follow up with an email stating the cause of the delay within 48 hours. 10. INSPECTIONS: Onsite inspections may occur to monitor work progress and when the work is completed. The Contractor is to contact(by phone or email)the County Project Manager and Inspector when completed. Page 4 of 7 Exhibit A—Scope of Services 16A10 Invitation to Bid (ITB) "TREE & PALM MAINTENANCE" 10.1. The County Inspector will notify the Contractor when the finished work fails to comply with the specifications. 10.2. The Contractor shall immediately cure the deficient work, ensuring it complies with the specifications. 10.3. The Contractor shall notify the County Inspector when deficient work is ready for re-inspection. 10.4. The County may make a final inspection of the work or request photographic evidence. The County will inform the Contractor of any necessary repair work not completed. 10.5. The Contractor shall immediately complete all incomplete work and arrange,for another re- inspection. 10.6. There will be no cost to the County for the Contractor to correct deficient work. 11. CONTRACTOR PERFORMANCE: The Contractor shall perform the activities described in the Scope of Work and specifications safely, properly,and satisfactorily. The Contractor agrees it has the financial capabilities and resources to perform the work. The Contractor shall immediately notify the County's Contract Administrator in writing if its ability to perform the work under the Contract is compromised in any manner. 11.1. The County Project Manager may utilize the Secondary Contractor if the Primary Contractor cannot perform the work requested within the timeframes. If the Primary Contractor continually fails to perform service requests,their Contract may be terminated,and the Secondary Contractor will assume all work under the terms of the Contract. During any notice of default, breach, or suspension, the County shall have the full authority to utilize the Secondary Contractor as the Primary Contractor. 12. KEY PERSONNEL: Contact information must be provided to the Contract Administration Specialist before the contract kick-off meeting.The information must include names with titles,emails,business, and cell phone numbers. 12.1. Key Personnel employees must be English speaking to effectively communicate with the County staff. 12.2. In the absence of key personnel, the Contractor shall notify the County Project Manager of substitution personnel and provide their names and contact information via email. 12.3. The County reserves the right to remove key personnel from the Contract that fails to communicate with staff effectively. 13. MEETINGS: Either party may request meetings throughout the contract term, requiring mandatory attendance. There are no additional costs to the County for meetings. 14. OVERHEAD UTILITY PROTECTION: The Contractor shall protect all utilities from damage, shall immediately contact the appropriate utility if damage should occur, and shall be responsible for all claims for damage due to his operations. The Contractor shall arrange with the utility for the removal Page 5 of 7 Exhibit A—Scope of Services 16 A +� Invitation to Bid (ITB) "TREE & PALM MAINTENANCE" of necessary limbs and branches, which may conflict with, or create a personal injury hazard in, conducting the operations under this agreement. 15. UTILITIES: The Contractor shall be responsible for exercising precautions while working near utilities; therefore, before digging, the Contractor must call Sunshine 811 at 811 or 800-432-4770, Monday—Friday from 7:00 a.m. — 5:00 p.m. Sunshine 811 needs two (2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 16. DAMAGES: It shall be the Contractor's responsibility to exercise care and protect all native vegetation at the project site. The Contractor is responsible for restoring or replacing all damaged native vegetation to the satisfaction of the County Project Manager,at no cost to the County 16.1. Any damages by the Contractor's crews shall be repaired or replaced at the sole expense of the Contractor within ten(10)calendar days from the date of damage. 16.2. It shall be at the County's discretion to withhold estimated damage repair/replacement costs from an invoice until said repairs are completed and accepted. 17. TEMPORARY TRAFFIC CONTROL (TTC): The Contractor is responsible for setting up TTC with the right equipment and proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones,message boards,warning devices,barriers,or flagmen. The Contractor is responsible for maintaining TTC while performing services in the right-of-way and roadways. 17.1. TTC is a requirement for the safety and protection of the Contractor's employees and motorists during services'performance.It is the Contractor's sole responsibility for safety in the work zone. 17.2. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices(MUTCD). 17.3. Subcontracting TTC is authorized. 17.4. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the Contractor's Certified TTC employee to meet County staff within twenty(20) minutes of the initial contact to address work zone safety issues. 17.5. TTC setup that does not comply will have operations ceased until TTC is corrected per the FDOT standards and MUTCD. 18. ROAD ALERT(Mandatory Requirement): Any lane closures require the Contractor to submit the Road Alert Notification Form for Lane Closures and Road Closures via email to Collier County Transportation Management Services Department. Link to Download the Road Alert form: https://www.col liercounty fl.gov/government/growth-management/services/construction-and- maintenance-public-information/road-alerts. 19. WORK ZONE SAFETY: The Contractor shall use caution while working on County Right-of-Way (ROW) (i.e., roads, sidewalks, bike paths, etc.), roadway medians, in or around County-owned or operated facilities. Page 6 of 7 Exhibit A—Scope of Services 16 A l t, Invitation to Bid (ITB) "TREE& PALM MAINTENANCE" 19.1. American National Standards Institute/International Safety Equipment Association (ANSI/ISEA) Class 2 or 3 Vests, T-shirts, or similarly labeled garments depending on the time of day. 19.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles,where necessary,required by law or the BCC. 19.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. 19.4. Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. 20. PRICE MODIFICATIONS: Price increase requests may be submitted annually(365 days from the agreement anniversary date). 20.1. Submit price increase requests in writing by email to the Contract Administrator no less than 30 days before the annual contract anniversary date for consideration. Price increase requests review may take over 60 days to complete. Retroactive price adjustments are not authorized. 20.2. Contractor shall provide supporting documentation justifying price increases(examples: Bureau of Labor Statics, supplier material agreements, fuel increases, etc.). If there is no documented proof,price increases will not be considered. 20.3. Contract Administrator shall analyze prices to determine whether increases are fair and reasonable using the following methods: price competition, market prices, historical prices, or independent estimates. 20.4. Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. 20.5. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance,as amended. The EXHIBIT B FEE SCHEDULE shall be modified with the price increases and uploaded into the County's Finance system, in accordance with Procurement policies and procedures. 20.6. 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. 21. COMPENSATION: 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". 21.1. Invoices may be rejected for inaccurate information and documentation. 21.2. Invoices shall include the Division Name, Contract Number, Purchase Order Number, and itemized line item Page 7 of 7 Exhibit A—Scope of Services I6A ? O Exhibit B Fee Schedule following this page (pages through 3 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16A10 Invitaton to Bid(ITB)#23-8069 "TREE&PALM MAINTENANCE" EXHIBIT B FEE SCHEDULE (Primary Contractor) Superior Landscaping&Lawn Service Inc. CATEGORY A Category A.1 Trees Maintenance A.1.1.Trees Under 30 Feet A.1.2.Trees Over 30 Feet Unit=Each Unit=Each Item No. Tree Species Unit Price Unit Price 1 Australian Pine $ 145.00 $ 295.00 2 Bald Cypress $ 145.00 $ 295.00 3 Black Olive $ 125.00 $ 225.00 4 Bottlebrush $ 75.00 $ 125.00 5 Bridal Veil $ 75.00 $ 125.00 6 Buttonwood $ 75.00 $ 125.00 7 Calophyllum $ 75.00 $ 125.00 8 Cassia $ 75.00 $ 125.00 9 Crape Myrtle $ 75.00 $ 125.00 10 Floss Silk $ 75.00 $ 125.00 11 Gieger Tree $ 75.00 $ 125.00 12 Golden Rain Tree $ 75.00 $ 125.00 13 Gumbo Limbo $ 75.00 $ 125.00 14 Holly $ 75.00 $ 125.00 15 Hong Kong Orchid $ 125.00 $ 175.00 16 Jacaranda $ 125.00 $ 175.00 17 Jamaica Caper $ 75.00 $ 125.00 18 Jatropha $ 75.00 $ 125.00 19 Lignum-vitae $ 75.00 $ 125.00 20 Ligustrum $ 75.00 $ 125.00 21 Live Oak $ 175.00 $ 225.00 22 Magnolia $ 75.00 $ 125.00 23 Pigeon Plum $ 75.00 $ 125.00 24 Pine $ 125.00 $ 225.00 25 Poinciana $ 75.00 $ 125.00 26 Powderpuff $ 75.00 $ 125.00 27 Queen's Crape $ 75.00 $ 125.00 28 Red Maple $ 125.00 $ 225.00 29 Seagrape $ 151.00 $ 181.00 30 Simpson Stopper $ 75.00 $ 125.00 31 Strawberry Guava $ 75.00 $ 125.00 32 Tabebuia $ 75.00 $ 125.00 33 Tamarind $ 75.00 $ 125.00 34 Verawood $ 75.00 $ 125.00 35 Wax Myrtle $ 75.00 $ 125.00 36 Yellow Elder $ 75.00 $ 125.00 Page 1 of 3 16A1 0 Invitaton to Bid(ITB)#23-8069 "TREE&PALM MAINTENANCE" EXHIBIT B FEE SCHEDULE (Primary Contractor) Superior Landscaping&Lawn Service Inc. Category A.2 Palm Maintenance Item No. Palms Unit Unit Price 1 Alexander Palm Each $ 45.00 2 Bismark Palm Each $ 45.00 3 Buccaneer Palm Each $ 45.00 4 Coconut Palm Each $ 65.00 5 Fan Palm Each $ 91.00 6 Foxtail Palm Each $ 35.00 7 Montgomery Palm Each $ 45.00 8 Paurotis Palm Each $ 45.00 9 Pygmy Date Palm Each $ 65.00 10 Ribbon Palm Each $ 45.00 11 Royal Palm Each $ 55.00 12 Sabal Palm Each $ 55.00 13 Sylvester Palm Each $ 45.00 14 Thatch Palm Each $ 45.00 15 Washingtonia Palm Each $ 55.001 Category A.3 Additional Plant Species(Certified Arborist,Crew,& Equipment) Item No. Description Hourly Rate Hourly rate for plant species not listed(trees,palms,shrubs,etc.)on the bid schedule 1 that includes Certified Arborist,crew,equipment,equipment operator(i.e.,bucket $ 575.00 truck,chipper,hand tools,chainsaws,etc.),fuel,materials,clean up,haul away, disposal,disposal fees,and Temporary Traffic Control. Category A.1 and A.2 unit prices are all inclusive of materials,equipment(i.e.,bucket truck,chipper,hand tools, chainsaws,etc.),fuel, Certified Arborist,crew,equipment operators, Temporary Traffic Control(TTC),clean up, haul away,disposal,and disposal fees to complete the work. Page 2 of 3 16A10 Invitaton to Bid(ITB)#23-8069 "TREE&PALM MAINTENANCE" EXHIBIT B FEE SCHEDULE (Primary Contractor) Superior Landscaping&Lawn Service Inc. CATEGORY B Category B.1 Crew Leader,Service Crew& Equipment(No Certified Arborist) Item No. Description Hourly Rate Hourly rate to trim or prune overhanging,hazardous,unhealthy branches,fronds,and 1 other plant species(trees,palms,shrubs,etc.).Includes crew,equipment,equipment $ 375.00 operator(i.e.,bucket truck,chipper,hand tools,chainsaws,etc.),fuel,materials,clean up,haul away,disposal,disposal fees,and Temporary Traffic Control. Category B.2 Emergency Work(Crew Leader,Service Crew&Equipment,No Certified Arborist) Item No. Description Per Tree A per tree unit price for the removal of broken limbs or branches that are 2 inches or larger in diameter(measured at the point of break).The emergency work can either FEMA related or anything that poses an immediate threat to the health,safety,and well- 1 being of the County staff and/or public. Refer to solicitation for specifications. $ 525.00 Includes crew,equipment,equipment operator(i.e.,bucket truck,chipper,hand tools, chainsaws,etc.),fuel,materials,clean up,haul away,disposal,disposal fees,and Temporary Traffic Control. Prices shall remain firm for the first year(36.5 days)of this contract. Page 3 of 3 16A1 p Other Exhibit/Attachment Description: Federal Grant Contract Provisions and Assurances ❑� following this page (pages 1 through 11 ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16A10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract,the Supplemental Conditions shall govern.This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract/ Purchase Order. Compliance with Federal Law, Regulations and Executive Orders:The Sub-Recipient(County)agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards O 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I-1 16A10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5)to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. OHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images,graphics, sculptures,videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract,the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I -2 1 6 A 1 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions.As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1)This clause does not prohibit contractors from providing—(i).A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I-3 16A1CO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services,and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience(over$10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over$100,000): Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I-4 1 6 A 1 0 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2)Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I-5 16A10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over$150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C.§7401 et seq. 2.The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4. During the performance of this contract, the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I-6 16A10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers'representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti-Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I-7 16A1CO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law,Regulations,And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that(1)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required by law.The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge,the grant requirements identified in this document. Vendor/Contractor Name Superior Landscaping & Lawn Service Inc. Date 1/30/2023 /, LI Authorized Signature ` ^,emq: G, „r- (I ,, EXHIBIT I-8 16A10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (I) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR Superior Landscaping & Lawn Service Inc. By: ` ,' -mris{. ( t1,`Ii Signature Jesnia Otero, Estimating Coordinator Name and Title 4841 Buckingham Rd Street Address Fort Myers, FL 33905 City, State, Zip N/A UEI Unique Entity Identifier(for SAM.gov verification) 1/30/2023 Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I-9 16Alo EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status'will be vent ed_ Unverfab'e statuses v.=il requ re the PRtl.lE to either proz,de a reused statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PAJME NAME PRUAE FE.D NUMBER CONTAAcr DOLLAR AMOUNT Superior Landscaping&Lawn Service Inc. 65-0838100 I 1 } ) rat rug � ✓ t €5 THE PRIME A F'LOArDA-€ERTI PItO DISADVANTAGED, VyE-ERyfl i' N -S THE A CI-MIT OF THIS CONTRACT.. wIViOR€Tr'OR WOMEN Bk15NE,S ENTEPPA,SE? O ;Lp6EThlBtiwBE)OR HAVE A SMALL DI5a0sAwrAGbo cm? 'i N CONSTRUCTION? Y BUSNESSSA CERTIFICATION FROM THE SMMALLBUSINESS MBE? Y M CO ILTATION? Y t9 ADMI TST"RATION? .A SEP VICE DISABLED VETERAN' `NEE? Y M OTHER? O pi r-r Sesaa? Y N IS Ttr•;S EMISS;ON A ervisiON, `i N f'E5,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE tot/WEE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY )See Below) DOLLAR AMOUNT DOLLARS N/A TO-aL` C. SECTION TO 8E COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUB FATTER DATE TITLE OF SUBMITTER Superior Landscaping&Lawn Service Inc. 1/30/2023 Estimating Coordinator EMAIL ADDRESS Of PRIME(SUBMIT-TER) TELEPHONE NUMBER FAX NU MBER JOtero@superiorlandscaping.com 305-634-0717 305-634-0744 NOTE:This information is used to track and report ant;cipated DBE ca 1.18 E participation in federal iced co'tracts ice anticipated DEE or Met amount is'voluntary and',ail not become part of the contractual terms. This form most be 5ubnitters at time of response to a so,ititation.if and when awarded a Caunry contract,the prime Ad!be asked to update the intcrmaticn for the grant compliance guiles_ ETHNICITY CODE Clackawenscan BA Hispanic.American HA Native American NA Tubco-it..As,aA American Sea Asian-Patric American ARA ?,On-Minrht,•Women Nt.1W Other:not team,.acre"group fisted 0 0.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPi4A.TT.4ENTNAME COL ER CO1,TRSCT7 iiFC Re P rx,oieco 0RAasT PROGRAM/CONTRACT ACCEPTED BY: DATE EXHIBIT I-10 16A10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding$100,000) The undersigned [Contractor]certifies,to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Superior Landscaping & Lawn Service Inc. Contractor(Firm Name) 11 I i r f'A(l + Si' nature of Contractor's Authorized Official MI Jesenia Otero, Estimating Coordinator Name and Title of Contractor's Authorized Official 1/30/2023 Date EXHIBIT I-11 '4 D® W CERTIFICATE OF LIABILITY INSURANCE DATE 11/30/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Julio Guerrero NAME: Brown&Brown of Florida,Inc. PHONE (305)714-4400 FAX (305)714-4401 (A/C,No,Extl: (A/C,No): 8825 NW 21st Terrace E-MAILDSS: Julio.Guerrero@bbrown.com INSURER(S)AFFORDING COVERAGE NAIC# Doral FL 33172 INSURERA: Twin City Fire Insurance Company 29459 INSURED INSURER B: Hartford Insurance Company of the Midwest 37478 Superior Landscaping&Lawn Service Inc INSURER C: GuideOne National Insurance Company 14167 PO Box 35-0095 INSURER D: FFVA Mutual Insurance Co. 10385 INSURER E: Westchester Surplus Lines Ins.Co. 10172 Miami FL 33135 INSURER F: COVERAGES CERTIFICATE NUMBER: 22/23 GL,CA,UMB,WC 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (M M/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 A Y Y 21UENOL4176 12/01/2022 12/01/2023 PERSONAL&ADV INJURY $ 1,000,000 GENTAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PROT- LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y 21UENOL9067 12/01/2022 12/01/2023 BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS HIRED NON-OWNEDPROPERTY $ X AUTOS ONLY X AUTOS ONLY (Per accident) DAMAGE $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 3,000,000 C X EXCESSLIAB CLAIMS-MADE 56000330800 12/01/2022 12/01/2023 AGGREGATE $ 3,000,000 DED RETENTION$ $ WORKERS COMPENSATION X STATUTE X EORH AND EMPLOYERS'LIABILITY Y/N D ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A Y WC84000345042022A 12/01/2022 12/01/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Pollution Aggregate 1,000,000 E G7166419301 01/17/2023 12/01/2023 Occurrence 1,000,000 Retention 10,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is Additional Insured on a primary and non-contributory basis with regards to General Liability&Auto Liability for any and all work performed on behalf of Collier County.when required by written contract.Waiver of subrogation applies to the Additional Insured with regards to General Liability,Auto Liability&Workers Compensation when required by written contract.For any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 3295 Tamiami Trail E. Naples FL 34112 t I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD