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Agenda 06/27/2023 Item #16D 2 (Contract #23-020-NS for Curfew Soil Fumigant w/Southern Soils Turf Solutions, LLC)16.D.2 06/27/2023 EXECUTIVE SUMMARY Recommendation to approve Agreement No. 23-020-NS, "Curfew Soil Fumigant," with Southern Soils Turf Solutions, LLC., in an amount not to exceed $100,000 per Fiscal Year, under a sole -source waiver for a period of five years. OBJECTIVE: To protect County athletic field assets by obtaining a Sole -Source Waiver increase to $100,000 per year and enter into an agreement for the application of Curfew soil fumigation at various park Bermuda turf field locations. CONSIDERATIONS: Collier County Parks and Recreation currently uses Southern Soils Turf Solutions, LLC ("Southern Soils") to apply Curfew soil fumigation at multiple parks. The Curfew treatment is essential to safeguard athletic and multi -use fields from parasitic nematodes, which are unsegmented roundworms. Certain nematode varieties in Florida can cause damage or destruction to the turf by feeding on roots, compromising the plant's ability to access water and nutrients from the soil. This makes the turf more vulnerable to drought and other stresses, limiting field usage. The purchase of these treatments of the County owned Bermuda turf fields are necessary for their protection and to provide residents with safe spaces to participate in sports activities. There are currently sixty (60) fields in the Parks system that need periodic treatment to avoid nematode damage. The total treatment area annually, across all fields, ranges from thirty-five (35) acres to one -hundred and thirteen (113) acres and is dependent on the results of soil testing. The results of the soil tests dictate which field areas will require Curfew soil fumigation. A waiver has been in place for Southern Soils since 2018. Southern Soils, as the sole certified applicator holding a State license, provides Curfew soil treatment applications to control nematodes and protect the athletic and multi- use turf fields. Curfew Soil Fumigant, manufactured and sold exclusively by Dow AgroSciences, offers effective control against parasitic nematodes. In accordance with Section Eleven, Subparagraph 10, of the Collier County Procurement Ordinance 2017-08, as amended, staff requests that the Board find that it is in the best interest of the County to waive competition and allow procurement of the requested products and services required to meet the PSD's operational needs on a sole source basis. Purchases will be made using either a Purchase Order or a purchasing card. Staff recommends that the Board approve the attached Agreement No. 23-020-NS, Curfew Soil Fumigant. FISCAL IMPACT: Funds for herbicides and pesticides are available in Parks Maintenance Cost Centers III- 156332 and 001-156338. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To authorize expenditures under a sole -source waiver agreement for a period of five years, in an amount not to exceed $100,000 per Fiscal Year, for Curfew soil treatment applications at multiple parks necessary to control parasitic nematodes, and authorize the Chairman to sign Agreement No. 23-020-NS with Southern Soils Turf Solutions, LLC. Prepared By: Viviana Giarimoustas, Contracts Administration Specialist, Public Services Department ATTACHMENT(S) 1.23-020-NS Agreement_ SouthernSoils_VendorSigned (PDF) 2.23-020-NS COI SouthernSoils (PDF) 3. Sole Source Letter - Curfew 2023 (PDF) 4. FY23 Waiver 044 - Southern Soils (PDF) Packet Pg. 1190 16.D.2 06/27/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.2 Doe ID: 25636 Item Summary: Recommendation to approve agreement No. 23-020-NS, "Curfew Soil Fumigant," with Southern Soils Turf Solutions, LLC., in an amount not to exceed $100,000 per Fiscal Year, under a sole -source waiver for a period of five years. Meeting Date: 06/27/2023 Prepared by: Title: — Public Services Department Name: Todd Henry 05/23/2023 7:25 AM Submitted by: Title: Department Head — Public Services Department Name: Tanya Williams 05/23/2023 7:25 AM Approved By: Review: Operations & Veteran Services Jeff Weir OVS Director Review Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Sue Zimmerman Additional Reviewer Parks & Recreation Todd Henry Additional Reviewer Public Services Department Todd Henry PSD Level 1 Reviewer Procurement Services Sandra Herrera Procurement Director Review Public Services Department Tanya Williams PSD Department Head Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Blanca Aquino Luque Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/23/2023 8:39 AM Completed 05/23/2023 2:45 PM Completed 05/30/2023 9:41 AM Skipped 05/30/2023 12:01 PM Completed 05/30/2023 12:35 PM Completed 05/31/2023 1:02 PM Completed 06/13/2023 9:30 AM Completed 06/13/2023 3:48 PM Completed 06/14/2023 8:33 AM Completed 06/14/2023 9:41 AM Completed 06/14/2023 11:00 AM Completed 06/21/2023 11:12 AM 06/27/2023 9:00 AM Packet Pg. 1191 16.D.2.a COLLIER COUNTY NON-STANDARD AGREEMENT 423-020-NS FOR "Curfew Soil Fumigant" BETWEEN COLLIER COUNTY AND SOUTHERN SOILS TURF SOLUTIONS, LL C ATTACHED: CURFEW SERVICE AGREEMENT (5-pages) ADDENDUM TO CURFEW SERVICE AGREEMENT ADDITIONAL TERMS AND CONDITIONS (4-pages) Department/Division Name: COLLIER COUNTY PARKS AND RECREATION DIVISION 15000 Livingston Road Naples, F L 34119 Contract Administrator: Viviana Giari=Llstas, Contract Administration Specialist Phone: (239) 252-4915 Email: Vlviana.GiarIn70UstaS c colliercognt f . ov 9 Packet Pg. 1192 T U R F SOLUTIONS Service Agreement This Curfew Service Agreement (the "Agreement") is entered into between Southern Soils Turf Solutions, LLC ("Southern Soils" or "Contractor") and Collier County, c/o Parks & Recreation Division, a political subdivision of the State of Florida, ("Customer" or "County") (collectively, the "Parties")for the purchase and application of Curfew Soil Fumigant to the turf areas identified in the Treatment Information section herein and as directed by the Turf Manager. Customer Name: Collier County Parks & Recreation Turf Manager Name: At Arcia Turf Manager Email: AI.Arcia@colliercountyfl.gov Turf Manager Cell: (239) 580-9105 Course/Field Name: Various Park Locations Sales Rep Contact: David Meske Sales Rep Email:dmeske@southernsoils.com Sales Rep Cell:(847) 687-4063 Job site County: Collier Billing Address: 3299 Tamiami Trail East Suite 700, Naples, FL 34112-5749 Invoicing Email: BCCAPCLERK@collierclerk.com Sales Tax Exempt: Yes If Yes, please enter Tax Exempt Number: 85-8015966531C-1 The agreement shall be for a one-year period with four (4) one (1) year renewals. Agreement may be renewed upon written approval of the Parties. A price list shall be provided annually on the month of December. Small Athletic lPolo Fields Greens - Price GolfCourse Fairways& <3 Acres -Price perAcre $2,886 Minimum per <43k Sq. Ft. $5,375 Minimum 3-4 Acres $962 per acre 43k Sq. Ft. - 65k Sq. Ft. $.125 per sq. ft. 5-6 Acres $897 per acre Sq. Ft. - 87k Sq. Ft. [2,Sq $.118 per sq. ft. 7-8 Acres $764 per acre . Ft. $.112 per sq. ft. 9-10 Acres 11-15 Acres $697 per acre $647 per acre <2 Acres $2,875 Minimum 16-19 Acres $602 per acre 2 3 Acres $.033 per sq. ft. 20-29 Acres $559 per acre 3-4 Acres $.028 per sq. ft. 30-39 Acres $519 per acre 4-5 Acres $.025 per sq. ft. 40+Acres $494 per acre 5+Acres $.022 per sq. k, Please note that multiple treatment dates and/or job site locations are priced as separate applications. All jabs are invoiced based on actual acreage treated. State and County sales tax are paid in advance, and no additional sales tax will be included on the final invoice. A "Fuel Surcharge"fee may be implemented as necessary due to fluctuation in fuel prices and/or unforeseen economic circumstances. A current fuel surcharge is in effect in the amount of $3.00/acre for 2023, which is in addition to the above listed price per acre. A notification will be sent to the County, by March 11i of each year the Agreement is in effect if the Contractor intends to implement a fuel surcharge under the Agreement for the upcoming one-year term. �A0 Packet Pg. 1193 16.D.2.a r F: 0 to ) U RF S0LUT10NS Service Agreement Terms and Conditions 5y,} l�' ,,,l;;;lTTT1rj� lVle l; Ili' SOUTHERN SOILS will apply Curfew soil fumigant through liquid soil injection by a certified applicator to those areas designated by CUSTOMER in this Agreement, provided that CUSTOMER has timely and properly prepared the areas as required by Paragraph 6 below. SOUTHERN SOILS will apply Curfew on the APPLICATION DATE, or as rescheduled by agreement of the parties, unless CUSTOMER provides ten 1101 days written notice that fumigant application will net be possible on the APPLICATION DATE. CUSTOMER agrees to pay a $500.00 rescheduling fee In the event CUSTOMER cancels or reschedules the APPLICATION DATE within 10 days of the APPLICATION DATE. SOUTHERN SOILS has made available to CUSTOMER a MSDS and a label for Curfew prior to fumigant applIcat}Dn, which is available at www.soulhernsoils.com. NEITHER SOUTHERN SOILS CAI CC Af.rWr Mile .—I wr_enrr,e •,rer ....,.. ,... ...�..,............ __ _..__ _ _ _ _ . __ __... .T._ The prices listed above for this application of Curfew exclude taxes, and will be invoiced to CUSTOMER based an the actual area treated plus applicable taxes. SOUTHERN SOILS will notify CUSTOMER In wrlting at least ten {11)) days in advance of any application in the event SOUTHERN SOILS Intends to add a fuel surcharge to cover fuel costs, which will be based on applicable market conditions, and supported by backup documentation reflecting the surcharge. SOUTHERN SOILS will invoke CUSTOMER within ten (10) business days of the date of completed application, and unless otherwise agreed to, CUSTOMER agrees to pay SOUTHERN SOILS within 15 days of the actual date of application. i. Express 015CIMmer of Warronttes. Customer expressly acknowledges and agrees that any warranties with respect to the pfaducts to be applied or provided under or pursuant to this Agreement (the "Product") and the services provided or to be provided under this Agreement ("Services") are expressly limited to the warranties, if any, provided by the Product manufacturer, and that Southern Soils is In noway responsible for anywarrantfes or representations relating to the Product, the application of the Product, or the Services. CUSTOMER expressly acknowledges and agrees THAT Southern Sails MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO OR IN ANY WAY RELATING TO THE PRODUCT, THE SERVICES, OR THE SUITABILITY OF THE PRODUCT FOR APPLICATION, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SOUTHERN SOILS BE LIABLE OR RESPONSIBLE FOR ANY LOST PROFITS, LOST INCOME, LOST REVEENUE, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR EXPENSE OCCASIONED BY THE PRODUCTS OR THE SERVICES, 2. IndemnlfcoNorrandRtIfease. See attached Addendum to Curfew Service Agreement Additional Terms and Conditions. 3. Aroncomplionce. In the event Customer is dissatisfied with all or any portion of the Services, Customer shall have seven days from the date such Services were performed to notify Southern Soils, in writing, of any defects or nonconformance, After this seven-day period. Customer will be deemed to have irrevocably accepted all Services provided by Southern Soils as is. Notwithstanding the foregoing, In no event shall Southern Solis be responsible for any inquiries, complaints, or claims relating to the Product. Customer expressly acknowledges and agrees that all Inquiries, complaints, or claims relating to the Product shell be directed to, and shall be the sole responsibility of, the product manufacturer and/or distributor. In no event shall Southern Soils be deemed to be a dtstributor of the Product. 4, UMPayments.See attached Addendum to Curfew Service Agreement Additional Terms and Conditions. 5. RePrejefillations and INGEqn0eiptCuscarriet- Customer represents a nd warrants to Southern Solis as follows: a, Customer is duly organized, validly existing and In good standing under the laws of its state of incorporation/organitation or appropriate country. It has all requisite power and authority to enter into this Agreement and perform its obligations hereunder. In The execution,delivery, and performance by Customer of its obligatians under this Agreemen t have been duly authorized by all necess ary action of Customer. 0. This Agreement constitutes the legal, valid, and binding obligation of Customer and is enforceable against Customer In accordance with Its terms and does not Conn ict with any other contracts at agreements to which Customer Is a party. d. Customer has made Its own Independent investigation with respect to the Products and their application to Customer's property and Is not relying on any representations or statements of Southern Soils or Its members, managers, agents, employees, officers, directors, shareholders, parents, subsidiaries, or affiliates that are not expressly set forth in this Agreement. 0 Page 2 of 5 Packet Pg. 1194 16.D.2.a � P 1 U II r 5 0 1. l! i IONST. Service Agreement 6. independent Contractors. Customer and Southern Soils (individually, a "Party", and collectively, the "Parties") are each Independent contractors and neither Party is an employee, agent, representative, partner, or joint venturer of the other or has any authority 10 assume or create any obligation or Ilabllity of any kind nn hehalf of the other. 7. Gov_anlna law. Venue. This Agreement shall be governed by and Interpreted in accordance with the laws of the State of rJorlda. If any provision of this Agreement conflicts with any statute or rule of any taw in Florida or is otherwise unenforceable for any reason, then that provision shall be deemed severable from or enforceable to the maximum extent permitted by law, as the case may be, and that provision shall not Invalidate any other provision of this Agreement. Each of the Parties agrees that any legal action of proceeding with respect to this Agreement may be brought exclusively in the stale courts located in Collier County, Florida, or the federal court presiding over such county, and by execution and deliveryof this Agreement, each Party to this Agreement irrevocably submits itself In respect of Its property, genera4ly and unconditionally, to the exclusive Jurisdiction of the aforesaid courts In any legal action or proceeding arising out of lhis Agreement. Each of the Parties to this Agreement irrevocably waives any objection which it may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or In connection with this Agreement brought in the courts referred to In this Seclion. Nothing in this paragraph will affect or ellminate any right to serve process In any other manner permitted by law. THE PARTIES IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY OF ANY CAUSE ORACTION, CLAIM, COUNTERCLAIM, OR CROSS -COMPLAINT IN ANY ACTION OR OTHER PROCEEDING WITH RESPECT TO ANY MATTER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ANY PORTION OF THIS AGREEMENT, WHETHER BASED UPON CONTRACTUAL, STATUTORY, TORTIOUS OR OTHER THEORIES OF LIABILITY. THE PARTIES RFPRESENTIHAT THEY HAVE CONSULTED WITH COUNSEL REGARDING THE MEANING AND EFFECT OFTHE FOREGOING WAIVER OF THEIR JURY TRIAL RIGHT. 8, Farce Maleure. If the performance by Southern Soils of Services or any other obligation under this Agreement Is prevented, restricted, interfered with, or delayed by reason of Force Maleure {as is hereinafter defined), Southern Sells shall be excused from such performance to the extent of such prevention, restriction, interference, or delay, provided that Southern Soils shall use commercially reasonable efforts to continue performance whenever such causes are removed. For purposes of this Agreement, "Force Maleure" is defined as: acts of God; acts, regulations, orders, decrees, or laws of any government or agency thereof, war, fife, floods, export issues, civil commotion, labor disturbances, shortages, strikes, or disputes, Product shortages, epidemic or pandemic, governmental shutdowns or actions, or other causes heyond the reasonable control of Southern Soils. 9. Severablflty. If any provision of this Agreement far any portion thereof} or the applicatten of any such provision {or any portion thereof) to any person, entity, party or circumstance is held invalid, Illegal, or unenforceable In anyrespect by a court of competent jurisdiction, such invalidity, illegality, at unertforceabiilty will not affect any other provision of this Agreement (or the remaining portion thereof) or the application of such provision to any other parties or circumstances. 10. 5urryiva1. The terms of this Agreement shall survive its termination. fl2TJlfr0•Party 6ene62iarv. Each Party to this Agreement Intends that this Agreement will not benefit or create any right or cause of action In or on behalf of any person or entity other than the Parties to this Agreement. 12. Frifire rtareement, This Agreement, all exhibits hereto, and the attached A d d e n d u m to Curfew Service Agreement Ad d i t l o n a l Terms and C o n d i t I o In s set forth the entire agreement and understanding of the Parties relating to the subject matter contained herein and merge all prior discussions and agreements, both oral and written, between the Parties. Customer acknowledges and agrees that, In entering Into this Agreement, Customer is not relying on any promise, agreement, or statement, whether written or oral, that Is not expressly and fully set forth in this Agreement. Customer agrees that the use of pre-printed forms, including emails, or acknowledgements Is for convenience only and any such pre-printed terms and conditions stated thereon are void and of no effect. No amendment or modification to this Agreement shall be valid unless set forth in writing, which writing specifically references that it is serving as an amendment this Agreement and signed byduly authorised representatives of both Parties. 13. Inferpletatton. The headings and section references contained in this Agreement are for reference purposes only and will not affect in any way the meaning at interpretation of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the Parties, and no presumption or burden of proof will arise favoring or disfavoring any Patty by virtue of the authorship of any provisions of this Agreement. 14. C0unt#rPafis.'QeII bir Facsimile or F•Ma' . This Agreement maybe executed In one or more counterparts, all or which taken together will constitute one instrument. Any signature page delivered via facsimile or e-mail shall he binding to the some extent as an original signature page. Any electronic signature of a Party shall be binding to the some extent as an original signature. %7ti z.3 Thomas D. Seeber, fesident 5o ern Soils Date Turf Manager orAuthorized Representative Date Z6 VA N O M N r C tv E t V M a+ a Y" Page 3 of 5 Packet Pg. 1195 16.D.2.a Southern,. {�. TU Itr 50LU1 IONS Service Agreement Curfew Best Management Practices Prior to any application with Curfew® soil fumigant, be sure to consult and adhere to your state -specific label requirements. The injection of Curfew sw fumigant into golf course putting greens, fairways, roughs and recreational turf requires slicing the ground surface to a depth of at teast 5 inches. The parallel slits created by this treatment typically take 2 to 4 weeks to repair. Enhanced root development should be most apparent 4 to 8 weeks after Injection. For greens, In most cases, the " puttabihty" of the green can be maintained throughout this time period with proper cultural management practices. PRIOR TO APPLICATION (G = Greens F = Fairways/Recreational Turf) (i Topdressing irnmediotely prior to tnjecrton with subsequent surface brushing after the Injection can be beneficial for masking Injection slits. Personal Protective Equipment (PPE) must be worn during the N-hour re-entry interval. F Root enhancement will only be optimal with adequate N, P, and X fertility. Apply 1 pound of N per 10001t=within one creek of treatment with Curfew• soil fumigant. G Optimum root and shoot growth requires adequate N, P and K fertility. Apply 0.5 to 1 pound of N per 1000 fl' within 2 weeks of injection. Potassium influences root growth, and stress and water tolerance relationships in turfgrass. Assay a representative area of soil for edtadabte nutrients, and amend your ferlillty program as recommended. G/F Apply Irrigation (x Inch) to ensure moist soil condition at time of application, usually within 1 hour prior to application unless sufftclent rainfall is received. This Is one of the most Important factors to a successful application and to minlmire damage along Injection lines, Elevated areas, tees, and greens typically dry out faster than other arras, especially during hot, dry, windy conditions. G putting greens that are drier than normal Ic 50% field capacity) prior to application must be irrigated. Applicators will not inject greens that are suffering due to drought or heat stress. Applicators may determine more Irrigation Is necessary prior to the application. G/F Aerlfication should not occur for the period 7 days prior to or 7 days after Injection. (;/F Notify the Agent and Applicator as soon as possible in the event of postponement or cancellation of the job. G/F Flag sprinkler heads and other known underground obstructions in and near areas to be treated. IMMEDIATELY FOLLOWING APPLICATION G Putting greens that are drier than normal (<.50% field capacity) or allowed to dry out soon after injection wlli experience sever phytotoxicity and disrupted playability. Elevated areas, tees, and greens typically dry out faster than other areas, especially during hot, dry, windy conditions Based on environmental conditions, at least s to 10 irrigation events of at feast 0,1 Inch are required the day of treatment (once at feast every hour). Then, for the first 72 hours following injection irrigation timing and water quantities should be similar to those used when a putting green is being established, After day 3, gradually return to normal watering for another 24 - 48 hours (4 and 5 days after treatment). Avoid puddling and flooding of the treated turf. Due to increased irrigation and fertility, greens should be closely monitored for disease development. F Apply Irrigation (112Inch) Immediately following application unless rainfall is received. After the 112Inch of Irrigation Is applied, subsequent applications of water may be beneficial under extreme heat conditions for the next 24 hours. Avold floading Injected turf, but keep ntoist to minimize damage along Injection tines. Elevated areas, tees, and greens typically dry out faster than other areas, esnecloliv durina hot. i1m. wrndo rnndrrr��� 24 HOURS FOLLOWING APPLICATION ROLLING GUIDELINES G Rolling the putting green twice after the initial post -treatment Irrigation is completed and prior to mowing is strongly recommended. The first rolling should be in the same direction as the slits and the second at a 45-degree angle to the slits. Rolling after injection and after the fi rst Irrigation event Is beneficial to putting surface uniformity. Appropriate Personal Protective Equipment (PPL) must be worn during the 24-hour re-entry interval. MOWING GUIDELINES G If roiling has not been completed, rolling needs to be completed prior to the first mowing, The first two mowings after injection should be conducted In the same direction as the slits. Consider raising the mowing height for 2 - 3 days after treatment. (As normally done after core-oerifying.) Thomas D. Seeber, Mr-4clealSad(hern Soils Turf Manager orAuthorized Representative is/002- Oate Q Pate Page 4 of 6 CAE. Packet Pg. 1196 _ e5 FY r U u r S0 LU 1' 10 N S 16.D.2.a iElt Service Agreement IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year First written above by an authorized Person or agent. ATTEST: Crystal K. Kinzel, Cleric of the Circuit BOARD OF COUNTY COMMISSIONERS f° 2 Court and Comptroller COLLIER COUNTY, FLORIDA E By: By: u_ Chairman o U) Dated: 3 (SEAL) 3 ci Contractor's Witnesses: CONTRACTOR: Z SOUTHERN SOILS TURF SOLUTIONS, LLC c N O - M N First Witness By: 5 M LO Typ /print fitness nameT _ TType/print signature and titleT m c 2 fitness/C,/Oc�, Z `o n V) Date TType/print witness nameT m >I U) O U) C Approved as to Form and Legality: r O County Attorney �I c m E Print Name a) a) L Q U) Z 0 N O Cl) N C d E t V R a+ a X Page 5 of 5 r� Packet Pg. 1197 16.D.2.a ADDENDUM TO CURFEW SERVICE AGREEMENT ADDITIONAL TERMS AND CONDITIONS 1. PAYMENT AND INTEREST FEES: Payments are due upon receipt of a proper invoice and incompliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." Any late interest fees shall be pursuant to Section 218.74, Fla. Stat, 2. SALES TAX. 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 d 85- 8015966531C-1. 3. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division. 4, NOTICES. Ail notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Contractor Name; Southern Soils Turf Solutions, LLC Address: 1333 V Ave South, Suite 403 Naples, FL 34102 Attention Name & Title: Thomas D. Seeber, President Telephone: (239) 351-1950 E-Mail(s): Tseeber@southernsoils,com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: COUNTY: Board of County Commissioners for Collier County, Florida Division Name: Parks and Recreation Division Address; 15000 Livingston Road Naples, FL 34109 Contract Administrator; Viviana Giarimoustas, Contract Administration Specialist Telephone: (239) 252-4915 E-Mail(s): Viviana.Glarimoustas@colliercountyfl.izov Division Director: Olema L. Edwards Phone: (239) 252-4090 Email: Olema. Edwards@colliercountyfLgov 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. 5. 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. Page 1 of 4 Addendum to Non -Standard Agreement 423-020-NS Packet Pg. 1198 16.D.2.a 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. & 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 Federal law. 7. PUBLIC ENTITY CRIME: By its execution of this Agreement, the Contractor acknowledges to comply with the terms of Section 287.133 of the Florida Statutes and inform the County of the conviction of a public entity crime. S. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, 2 000 000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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. D. Pollution; $1,000,000 Per Occurrence. Special Requirements: Collier County Board of County Commissioners 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. The Certificate of Insurance must state the Contract Number, or Specific Project Description or must read: For any and all work performed on behalf of Collier County. 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. 9. INDEMNIFICATION, To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to Page 2 of 4 Addendum to Non -Standard Agreement 423-020-NS Packet Pg. 1199 16.D.2.a 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. 10. 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. 11. 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. 12, 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 Ili, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences; a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to; submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 13. 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 Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT; Communications, Government & Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest@colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to; I. 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 Page 3 of 4 Addendum to Non -Standard Agreement #23-020-NS Packet Pg. 1200 16.D.2.a following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, In a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing, Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement Immediately. 14. 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. 15, VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or a rising out of this Agreement must be brought in the appropriate federal or state courts in and for Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. lb. 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, 17. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of the Agreement and this Addendum, this provision of this Addendum shall control. 18. THRESHOLD. By execution of this Agreement, the Parties agree that services acquired through this Agreement shall not exceed One Hundred Thousand Dollars 100 000per Fiscal Year. This amount is not to be construed as minimum or maximum guarantee value. Page 4 of 4 Addendum to Non -Standard Agreement 423-020-NS CAO Packet Pg. 1201 I 16.D.2.b I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE 3/1/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Department Sihle Insurance Group, Inc. PHONE FAX 1021 Douglas Ave. AIc No Ext : 407-869-5490 AIC No): 407-389-3580 Altamonte Springs FL 32714 ADDRESS: Certificates@sihle.com INSURED Southern Soils Turf Solutions, LLC. 1333 3rd Avenue South, Suite 403 Naples FL 34102-5839 INSU INSURER A: bnageflela tmp INSURERB: FCCI Insurance INSURER C: StarStone Spec INSURER D : INSURER E : AFFORDING COVERAGE NAIC # Io ers Insurance Company 10701 Group ::±10178 altv Insurance COMDanv 44776 COVERAGES CERTIFICATE NUMBER:411142178 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS C X COMMERCIAL GENERAL LIABILITY Y L87322231AEM 2/27/2023 2/27/2024 EACH OCCURRENCE $1,000,000 F_V� CLAIMS -MADE OCCUR DAMAGE TO PREMISES(E. occur ante)$ 100,000 X MED EXP (Any one person) $ 10,000 2,500 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY CA10004029604 2/27/2023 2/27/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY FL PIP $ 10,000 C UMBRELLA LIAB X OCCUR L87324231AEM 2/27/2023 2/27/2024 EACH OCCURRENCE $ 3,000,000 X AGGREGATE $ 3,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 083056326 1/1/2023 1/1/2024 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Environmental/Pollution Liab. L87322231AEM 2/27/2023 2/27/2024 Per Incident Limit: $1,000,000 Professional Liability Policy Aggregate: $2,000,000 Transportation Pollution Liab Deductibles: $2,500 & $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Commissioners is included as Additional Insured for General and Automobile Liability when required by written contract for an and all work performed in Collier County. This insurance shall be Primary and Non -Contributory to any other insurance available to or maintained by additiona insured. CERTIFICATE HOLDER CANCELLATION Collier County 3295 Tamiami Trail E. Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE %"A Q . 4h , Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1202 I 16.D.2.b I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE 3/1/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Department Sihle Insurance Group, Inc. PHONE FAX 1021 Douglas Ave. AIc No Ext : 407-869-5490 AIC No): 407-389-3580 Altamonte Springs FL 32714 ADDRESS: Certificates@sihle.com INSURED Southern Soils Turf Solutions, LLC. 1333 3rd Avenue South, Suite 403 Naples FL 34102-5839 INSU INSURER A: bnageflela tmp INSURERB: FCCI Insurance INSURER C: StarStone Spec INSURER D : INSURER E : AFFORDING COVERAGE NAIC # Io ers Insurance Company 10701 Group ::±10178 aity Insurance COMDanv 44776 COVERAGES CERTIFICATE NUMBER:556079779 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS C X COMMERCIAL GENERAL LIABILITY L87322231AEM 2/27/2023 2/27/2024 EACH OCCURRENCE $1,000,000 F_V� CLAIMS -MADE OCCUR DAMAGE TO PREMISES(E. occur ante)$ 100,000 X MED EXP (Any one person) $ 10,000 2,500 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY CA10004029604 2/27/2023 2/27/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY FL PIP $ 10,000 C UMBRELLA LIAB X OCCUR L87324231AEM 2/27/2023 2/27/2024 EACH OCCURRENCE $ 3,000,000 X AGGREGATE $ 3,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 083056326 1/1/2023 1/1/2024 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Environmental/Pollution Liab. L87322231AEM 2/27/2023 2/27/2024 Per Incident Limit: $1,000,000 Professional Liability Policy Aggregate: $2,000,000 Transportation Pollution Liab Deductibles: $2,500 & $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Collier County Parks & Rec 490 Hernando Dr. Marco Island FL 34145 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE %"A Q . 4h , a+ Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1203 I 16.D.2.c I Southern Soils T U R F 5 0 L U T 1 0 N S January 1, 2023 ATTN: Prospective Curfew Customer Re: CURFEW® SOIL FUMIGANT Thank you for your interest in Curfew® Soil Fumigant. Curfew® Soil Fumigant is exclusively developed and manufactured by Dow for the effective control of parasitic nematodes — microscopic organisms that feed on and damage turfgrass roots. Curfew® Soil Fumigant, (active ingredient 1,3- dichloropropene) was granted a 24(c) label on February 12, 2003, by the United States Environmental Protection Agency for use in Florida. The registration number is FL-990014. In 2013, Dow made a change and Curfew® is no longer available through Chemical Distributor Agencies. Curfew® Soil Fumigant is now a sole source product only available from and applied by Southern Soils Turf Solutions LLC. Southern Soils is the only certified applicator holding state licenses to apply 1,3 dichloropropene in turf use sites. Please contact us if you are interested in using Curfew® Soil Fumigant, or would like to obtain additional information on pricing and scheduling. If you have any additional questions, or if you need any additional information, please do not hesitate to contact me. Warm Regards, Thomas D. Seeber President (239) 351-1950 tseeber a-,southernsoils.com 'Trademark of Dow AgroSciences LLC 1333 3rd Ave South, Suite 403 Naples, FL 34102 1731 Langley Ave Deland, FL 32724 www.SouthernSoils.com Packet Pg. 1204 1 16. D.2.d CoV,r County Waiver Request Form Instructions Completed waiver requests accompanied by any associated backup documentation (sole source letter, business case, etc.) must b( submitted to the division's Procurement Strategist for any procurement, without competition, in excess of $3,000. Waiver request: greater than $50,000 will require approval by the Board of County Commissioners. Sole source refers to a procurement where the selection of one particular supplier to the exclusion of a// others may be based on havin( only one supplier in the marketplace, proprietary technology, copyright, patent, or a supplier's unique capability. Single source refers to a procurement directed to one source because of standardization, warranty, geographic territory, or other factors even though other competitive sources may be available. Requester Name: Viviana Giarimoustas - Derrick Garby Division: Parks and Recreation Item/Service: Curfew Soil Fumigation vendor Name: Southern Soils Turf Solutions LLC Historical Not to Exceed Is there an agreement associated with this Countywide $30 000 Requested FY23-FY27 Amount per $ 1 00 000 waiver to be reviewed by Contracts? Spend: date range: Fiscal Year: ❑✓ Yes ❑ No ❑✓ Sole Source ❑ Single Source ❑ One Time Purchase Multiple Purchases Description of Purchase: Enter a description of the item(s) that will be purchased under this waiver. Curfew soil fumigation applications at multiple parks to control nematodes on the athletic and multi -use fields with Bermuda turf. Purpose: Describe in detail, the public purpose of the requested item(s) and why it is essential to County operations. Provide Curfew soil fumigation applications at various parks to control nematodes on all the athletic and multi -use fields. Nematodes damage and/or destroy turf in Florida as they feed on roots causing damage to plant root systems thereby reducing the plants ability to obtain water and nutrients from the soil. This makes the Bermuda turf more susceptible to drought and other stresses which limits the amount of use on fields. These purchases are necessary to protect the County owned Bermuda turf fields thereby providing residents a safe place to participate in sports activities. Information Technology: Select Yes if the products/services are related to Information Technology. If yes, please provide the Purchasinc Compliance Code (PCC) number or email approval documentation. ElYes �✓ No If yes, provide the PCC number: c E u_ M t0 LO N Revised 06/17/2021 Packet Pg. 1205 16. D.2.d CoV,r County Waiver Request Form Justification: Identify the criteria that qualifies this purchase as a sole or single source. Select from the list below. Check all that apply (if box is checked, please make sure to provide an explanation below): ❑✓ Sole Source ❑✓ Only Authorized Vendor or Distributor: Is this vendor the only vendor authorized to sell this product/service? If yes, explain below and provide documentation from the manufacturer confirming claims made by the distributors. �✓ No Comparable Product or Service: Is there another vendor who can provide a similar product/service, regardless of cost, convenience, timeliness, etc.? ❑ Product Compatibility: Does this product/service provide compatibility with existing equipment that prohibits switching to another comparable brand/vendor? If yes, provide the detailed explanation below, including what would occur if the other brand/vendor were used. ❑ Proprietary: Is this product/service proprietary? If yes, provide a detailed explanation below on how its use is restricted by patent, copyright or other applicable laws and provide documentation validating that claim. ❑ Single Source ❑ Standardization: Is this product/service part of a purchase that the County has already standardized on? If yes, please provide the detailed information below. Date of BCC Standardization: BCC Agenda Item number: ❑ Warranty: Is this the only vendor able to complete factory -authorized warranty services on County owned equipment? If yes, provide the documentation verifying the warranty. ❑ Geographic Territory: Is this vendor the only vendor authorized to sell this product/service in our region? If yes, provide documentation from the manufacturer confirming those claims. ❑ Other Factors: Any other reason not listed above, explain below. Explain: How does this purchase meet the identified sole or single source criteria listed above? Curfew soil fumigation is sold to and applied by one certified applicator, Southern Soils Turf Solutions LLC. They maintain licenses to apply Curfew in Florida, Georgia, South Carolina, and North Carolina. Revised 06/17/2021 Packet Pg. 1206 16. D.2.d CoV,r County Waiver Request Form How was the decision made to use this vendor? Describe in detail if a formal standardization process was performed via Procurement or if there is a historical precedence established for the use of the product, please explain purchase, and use history and the current level of County investment in the product. This has been the only vendor who is able to apply the Curfew fumigation in the state. Curfew soil fumigation applications are necessary to control nematodes on the fields at the parks. Parks has been using this treatment since 2018 on athletic and multi -use fields with Bermuda turf throughout the County. Treatment area for fields range from 35 acres to 113 acres currently. Fields are tested via soil samples which includes testing for nematodes. Dependent on the results of testing, Curfew fumigation may be needed in certain areas while others may not be needed. There are currently 60 fields that need periodic treatment to avoid nematode damage. Explain why it is in the County's best interest to use this product/service rather than issuing a competitive solicitation: What are the benefits from the continued use? Are there costs that would be incurred if a different vendor/product were used? What would occur if another brand/vendor were used? There is no alternative at this time. The nematode populations are significantly reduced when the Curfew fumigation is used. This is an extraordinary benefit for the Bermuda turf being maintained. New grass roots can grow at a rapid rate filling in the existing turf quicker and the fumigation assists in new sod installation so that sod roots can adhere and flourish in the soil creating a better tougher stand of grass on out fields. All of our athletic fields have Bermuda grass which is most effected by nematodes. There are currently no other vendors or products that can be used in place of this. If the turf is not treated the County would need to replace with sod overtime. Additional costs of replacement would be hundreds of thousands of dollars over time opposed to the costs to apply fumigant. Explain how this pricing compares to other vendors/products and is it considered to be fair and reasonable: Provide information on historical use and whether pricing has increased/decreased. If sole source and no other product is available, provide the cost for addressing the needs via an alternate approach. Pricing varies and is dependent on the results of soil testing. Curfew fumigation may be needed in certain areas while others may not be needed. There are currently 60 fields that need periodic treatment to avoid nematode damage. The initial annual spend without covering all acres needed was under $30,000, with an increase in nematode presence this year pricing has increased to approximately $80,000. If unable to use products the insects would begin to cause thinning and eventual death of the Bermuda turf thereby having to replace all turf areas over time. Without treatment the County would end up paying more on replacement of Bermuda turf over time opposed to treating fields on an as needed basis. Will this purchase obligate us to future ancillary products or services? Either in terms of maintenance or standardization. ❑ Yes ❑✓ No If yes, explain what types: Revised 06/17/2021 Packet Pg. 1207 16. D.2.d CoV,r County Waiver Request Form Market research and market alternatives: When was the last time a market evaluation was performed to determine if either the technology or vendor offerings have changed? Based on the life expectancy of the product, when do you anticipate evaluating the market again? Please attach a detailed market evaluation report should the complexity, duration, and dollar amount of the purchase be a high risl to the County. Staff continues to review the market on an annual basis for alternative providers of this service. Curfew is the only proven application technique that can treat for nematodes in the Bermuda turf. This purchase is necessary to protect County owned Bermuda turf fields and provide residents a safe place to participate in sports activities. It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently specifying sole source. Florida Statute 838.22(2). b Requested y: q Viviana Giarimoustas signed by Signature: GlarlmoustaSVIV DGialrimloustt sVi Tana g Date: 2023.03.0309:26:20 Date: Iana -05'00' Digitally signed by Division Director: Edwards Signature:EdN/ardSOlemaDate:20Olema Signature: Date:2023.0na 21:49:18 Date: 05'00' Digitally signed by Department Head: Tan a Williams Required $50,000 Y Si nature: Wil l IamsTan a Date: 20Tanya g y Date: 2023.03.1507:42:16 Date: 03.15.2023 if over -oa'oo' Procurement Strate ist: Matthew Catoe Matthew Signature: Digitallyed by 549-4'w g atoeMatthew Date 2023.03.20142549-04'00' Date - Procurement Director: Sandra Herrera Digitally signed by Signature: HerreraSandra "errerasandra Date: 2023.03.21 15:20:30 Date: Or designee -04'00' For Procurement Use Only: ❑✓ Approved ❑ Requesting Additional Information Requires RFI/Intent to Sole Source Rejected Procurement Comments: ❑ Current FY _ Approval ✓❑ Multi -Year Approval Start Date: Pending BCC End Date: Pending BCC Revised 06/17/2021 Packet Pg. 1208