Backup Documents 06/27/2023 Item #16D 276D2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPRECEIVED
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 2 7 L023
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATtJ
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 (ftkftffi ement
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 excention of the Chairman's signature_ draw a line through routine lines # 1 through #2, complete the checklist, and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1. Risk
Risk Management
Ct,2712,3
2. County Attorney Office
County Attorney Office
� 3
4. BCC Office
Board of County
Commissioners
Pc
17,3
4. Minutes and Records
Clerk of Court's OfficeCO
o2
5. Procurement Services
Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above may need to contact staff for additional or missing information.
Name of Primary Staff
Ana Reynoso/ PROCUREMENT
Contact Information
239- 252-8950
Contact / Department
Agenda Date Item was
,NNE 27, 2023
Agenda Item Number
16.D.2.
Approved by the BCC
Type of Document
NON-STANDARD AGRMT
Number of Original
j
Attached
Documents Attached
PO number or account
N/A
23-020-NS
Southern Soils
number if document is
Southern Soils Turf
Turf Solutions,
to be recorded
Solutions, LLC.
LLC.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
Initial)
Applicable)
1.
Does the document require the chairman's original signature STAMP OK
N/A
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
provide the Contact Information(Name; Agency; Address; Phone on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
AR
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
AR
document or the fmal negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
AR
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 06/27/2023 and all changes made during
N/A is not
the meeting have been incorporated in the attached document. The County
an option for
Attorne 's Office has reviewed the changes, if applicable.
OPT
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
Cep (
Y"
an option for
Chairman's signature.
I
this line.
'/0".1
ys�
COLLIER COUNTY NON-STANDARD AGREEMENT #23-020-NS
FOR
"Curfew Soil Fumigant"
BETWEEN
COLLIER COUNTY
AND
SO UTHERN SOILS TURF SOL UTIONS, LLC
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, FL 34119
Contract Administrator:
Viviana Giarimoustas, Contract Administration Specialist
Phone: (239) 252-4915
Email: Viviana.Giarinioustastacolliercountvfl.aov
T U R F S O L U T I O N S
Service Agreement
16D2
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: Al 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.
Athletic
Polo Fields Acre
Greens - Price
Square ..
GolfCourse Fairways& Small
<3 Acres
I -Price per
$2,886 Minimum
<43k Sq. Ft
per
$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
65k Sq. Ft. - 87k Sq. Ft.
$.118 per sq. ft.
7-8 Acres
$764 per acre
88k+Sq. Ft.
$.112 per sq. ft.
9-10 Acres
$697 per acre
<2 Acres
$2,875 Minimum
11-15 Acres
$647 per acre
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+Acre s
$494 per acre
5+ Acres
$.022 per sq. ft.
Please note that multiple treatment dates and/or job site locations are priced as separate applications. All jobs 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 11 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.
Eno
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1 6 D 2
.^:� � �t' i`, Z P E`.. I! f, )1, jj•• � y A � �i� � d� E..
I It 50LUa'I 1 0 N S
Service Agreement
Terms and Conditions
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 property 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 (10) days written notice that fumigant application will not 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 APPLICAT ION DATE,
SOUTHERN SOILS has made available to CUSTOMER a MSDS and a label for Curfew prior to fumigant application, which is available at www.southernsoils.com. NEITHER SOUTHERN SOILS,
SALES AGENT NOR DOW AGROSCIENCES MAKES OR EXTENDS ANY WARRANTY FOR MERCHANTABILITY OR FITNESS,OR ANY OTHER WARRANTY WHETHER EXPRESS OR IMPLIED, BEYOND
THAT WHICH IS SET FORTH ON THE CURFEW LABEL PROVIDED BYSOUTHERN SOILS CUSTOMER must comply with all pre application and post-applicatton requirements as soeciNed on
the Curfew label and the Curfew soil fumigant Best Management Practices provided to CUSTOMER or attached hereto and incorporated herein by reference.
The prices listed above for this application of Curfew exclude taxes, and will be invoiced to CUSTOMER based on the actual area treated plus applicable taxes. SOUTHERN SOILS will notify
CUSTOMER in writing at least ten (10) 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 invoice CUSTOMER within ten (10) business days of the date of completed
application, and unless otherwise agreed to, CUSTOMER agrees to pay SOUTHERN SOILS within l5daysof the actual date of application.
1. Express Disclaimer ofWorrontles. Customer expressly acknowledges and agrees that any warranties with respect to the products 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 any warranties or representations relating to the Product, the application of the Product, or the Services. CUSTOMER
expressly acknowledges and agrees THAT Southern Soils MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TOOR 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. lndemniAcationondRelease. See attached Addendum to Curfew Service Agreement Additional Terms and Conditions.
3. Noncompliance. 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 Soils 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 shall 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 distributor of the Product.
4. LatePoyments. See attached Addendum to Curfew Service Agreement Additional Terms and Conditions.
5. Representations and Warranties of0stomer. Customer represents and warrants to Southern Soils asfoilows:
a. Customer is duly organized, validly existing and In good standing under the laws of its state of incorporation/organization or appropriate country. it has all requisite
power and authority to enter into this Agreement and perform its obligations hereunder.
b. The execution, delivery, and performance by Customer of its obligations under this Agreement have been duly authorized by all necessary action of Customer.
C. This Agreement constitutes the legal, valid, and binding obligation of Customer and is enforceable against Customer in accordance with its terms and does not
conflict with any other contracts or 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.
CAO Page 2 of 5
I U li l- 5 0 1- U 1 I ON S
Service Agreement
�6D2
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 to assume or create any obligation or liability of any kind on behalf of the other.
7. Governing Law, Venue, This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. If any provision of this Agreement conflicts with any
statute or rule of any law 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 ofthe Parties agrees that any legal action or proceeding with respectto
this Agreement may be brought exclusively in the state courts located in Collier County, Florida, or the federal court presiding over such county, and by execution and delivery of this
Agreement, each Party to this Agreement irrevocably submits itself in respect of its property, generally and unconditionally, to the exclusive jurisdiction of the aforesaid courts in any
legal action or proceeding arising out of this Agreement. Each of the Patties 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 Section. Nothing in this paragraph will
affect or eliminate 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 OR ACTION,
CLAIM, COUNTERCLAIM, OR CROSS -COMPLAINT IN ANY ACTION OR OTHER PROCEEDING WITH RESPECT TO ANY MATTER ARISING OUT OF, OR IN ANYWAY CONNECTED WITH THIS
AGREEMENT OR ANY PORTION OF THIS AGREEMENT, WHETHER BASED UPON CONTRACTUAL, STATUTORY, TORTiOUS OR OTHER THEORIES OF LIABILITY, THE PARTIES REPRESENTTHAT
THEY HAVE CONSULTED WITH COUNSEL REGARDING THE MEANING AND EFFECT OF THE FOREGOING WAIVER OF THEIR JURY TRIAL RIGHT,
8. Force Maiettre. 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
Majeure (as is hereinafter defined), Southern Soils 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 Majeure" is defined as: acts of
God; acts, regulations, orders, decrees, or laws of any government or agency thereof, war, fire, Roods, export issues, Civil commotion, labor disturbances, shortages, strikes, or disputes,
Product shortages, epidemic or pandemic, governmental shutdowns or actions, or other causes beyond the reasonable control of Southern Soils.
9. Severobility. If any provision of this Agreement (or any portion thereof) or the application of any such provision (or any portion thereof) to any person, entity, partyor circumstance is
held invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such Invalidity, illegality, or unenforceability 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. Survival. The terms of this Agreement shall survive itstermination.
11. No Third -Party Beneficiary. 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. Entire Agreement. This Agreement all exhibits hereto, and the attached A d d e n du m to Curfew Service Agreement Additional Terms and
C It 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 by duly authorized representatives
of both Parties.
11 Interpretation, The headings and section references contained in this Agreement are for reference purposes only and will not affect in any way the meaning or 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 Party by virtue of the authorship of any provisions of this Agreement.
14. Counterparts• Delivery by Focsfmile or E•MoiI, This Agreement maybe executed in one or more counterparts, all of which taken together will constitute one instrument. Any signature
page delivered via facsimile or e-mail shall be binding to the same extent as an original signature page. Any electronic signature of a Party shall be binding to the same extent as an
original signature.
Thomas D. Seeber,,Kresident SO-Aern Soils
Turf Manager or Authorized Representative
Date
Date
/o Z
0
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F`` t U R t- S 0 1. U 1 1 U N S
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 soil fumigant into golf course putting greens, fairways, roughs and recreational turf requires slicing the ground surface to a depth of at least 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 "puttability" of the green can be maintained throughout this time period with proper cultural management practices.
PRIOR TO APPLICATION (G = Greens F = Fairways/Recreational Turf)
6 Tapdressing immediately prior to injection with subsequent surface brushing after the injection can be beneficial far masking injection slits. Personal Protective Equipment (PPE) must
be worn during the 24-hour re-entry interval.
F Root enhancement will only be optimal with adequate N, P, and K fertility. Apply 1 pound of N per 1000 fP within one week of treatment with Curfew' soil fumigant.
G Optimum root and shoot growth requires adequate N, P and K fertility. Apply0.5 to t pound of N per 1000 R} within 2 weeks of injection. Potassium influences root growth, and stress
and water tolerance relationships in turfgrass. Assay a representative area of soil for extractable nutrients, and amend your fertility program as recommended.
(;/F Apply Irrigation (M Inch) to ensure moist soil condition at time of application, usually within 1 hour prior to application unless sufficient rainfall is received.
This is one of the most important factors to a successful application and to minimize damage along injection lines. Elevated areas, tees, and greens typically dry
out faster than otherareas, especially during hot, dry, windy conditions,
6 Putting greens that are drier than normal (< 50% held capacity) prior to application must be irrigated. Applicators will not inject greensthat are suffering due to drought or heat stress.
Applicators may determine more irrigation is necessary prior to the application.
G/F Aerification should not occur for the period 7 days prior to or 7 days after injection.
6/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
6 Putting greens that are drier than normal (< 50%field capacity) or allowed to dry out soon after Infection will experience sever phytotoxicity and disrupted
ployabillty. Elevated areas, tees, and greens typically dry out foster than other areas, especially during hot, dry, windy conditions
Based on environmental conditions, at least 5 to 10 Irrigation events of at least 0.I inch are required the day of treatment (once at least every hour). Then, for the
first 72 hours following injection irrigation flitting 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 (1121nch) immediately following application unless rainfall is received. After the 112 inch of irrigation is applied, subsequent applications of
water may be beneficial under extreme heat conditions for the next 24 hours. Avold flooding Infected turf, but keep moist to minimize damage along Injection
lines, Elevated areas tees, and greens typically dry out faster than other areas, especially during hot, dry, windy conditions.
24 HOURS FOLLOWING APPLICATION
ROLLING GUIDELINES
G Rolling the putting green twice after the initial post -treatment irrigation is completed anti 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 first irrigation event is beneficial to putting surface
uniformity. Appropriate Personal Protective Equipment (PPE) must be worn during the 24-hour re-entry interval.
MOWING GUIDELINES
6 If rolling 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, PtrsicteniSeetthern Soils
Turf Manager or Authorized Representative
/S/Z023__
Date
Date
Page 4 of 5
C•.
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Southern Soils
7 U Rr SOLUTIONS
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-
*- A�
Crystal lE,°rlti6 Cte oflbticircuit
Courtp r
By. .�
Dated
(SEAL) $ t11fe' my
Contractor's Witnesses:
First Witness
TType/print witness nameT
BOARD OF COUNTY COMMISSIONERS
COLLIER C , F RID
By: /
Rick LoCastro, Chairman
CONTRACTOR:
SOUTHERN SOILS TURF SOLUTIONS, LLC
By:
s
TType/print signature and titleT
,514/oc-i ZJ
Date
App Svedask or d egaiity:
ov County Attorney
117 �te
Print Name
In
Page 6 of 6
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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 # 85-
8015966531C-1.
3. AGREEMENT ADMINISTRATION, This Agreement shall be administered on behalf of the County by the Parks
and Recreation Division.
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emaded to the
Contractor at the following:
Contractor Name: Southern Soils Turf Solutions, LLC
Address: 1333 Td 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.Giarilnoustas@colliercountvfl.gov
Division Director: Olema L. Edwards
Phone: (239) 252-4090
Email: Ole ma. Edwards@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.
S. 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 #23-020-NS
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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.
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.
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.
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
16D2
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 111, 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: PublicRecordRequest9 coil iercountyfLgov
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
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Addendum to Non -Standard Agreement H23-020-NS
• � J
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
stored
y must
requirements for retaining
from the publiclagenccy'ssc custodian of public llrecords,bin arovided to the
that is
public agency, uponn req
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
tlement reached at mediation to County's
County's staff person who would make the presentation of any set
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
gref de ntl o ainstthco other
iparty relflat ingCollierto o arising
out of this Agreement must be brought in the appropriate
Florida, which courts have sole and exclusive jurisdiction on all such matters.
thout
he
rior consent in
16. ASSIGNMENT. Contractor shall not assign nl or otherwise transfer hreement or any lstAgreement,ror anytpartphere'+n, without
writing of the County. Any attempt to assign p art thereof,
the County's consent, shall be void. if Contractor does, with approval, assign this Agreement or any p
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.
ugh
18. THRESHOLD. By execution of this Agreement, larse Parties 100 OOOgree that er Fiscal Yea services
Thcaamou amount is not torbe Agreement
shall not exceed One Hundred Thou san
as minimum or maximum guarantee value.
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Addendum to Non -Standard Agreement tt23 020 NS