Backup Documents 10/24/2023 Item #16E 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management �� 10/244l23
2. County Attorney Office County Attorney Office /1>4.3
4. BCC Office Board of County
Commissioners 41).:./.0/5/ la/z6/z3Q�
4. Minutes and Records Clerk of Court's Office f'
/ 2$
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 Vanessa Diaz/Procurement Contact Information 239-252-8947
Contact/Department
Agenda Date Item was October 24,2023 Agenda Item Number 16.E.1.
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A 23-8148 Bald Eagle
number if document is Bald Eagle Towing Towing &
to be recorded & Recovery, Inc. Recovery, Inc.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the VM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/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 October 24,2023 and all changes made le N/A is not
during the meeting have been incorporated in the attached document. The County g" an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the AT(ffe an option for
Chairman's signature. this line.
16E i
MEMORANDUM
Date: July 10, 2023
To: Vanessa Diaz, Operations Support Specialist
Procurement Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Contract #23-8148 for "24-Hour Towing and Roadside
Services"
Contractor: Bald Eagle Towing & Recovering, Inc.
Attached for your records is an original of the referenced document above,
(Item #16E1) adopted by the Board of County Commissioners on Tuesday,
October 24, 2023.
The Board's Minutes & Records Department has kept an original as part of
the Board's Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
16E 1
FIXED TERM SERVICE
MULTI-CONTRACTOR AWARD AGREEMENT
# 23-8148
for
24-Hour Towing and Roadside Services
THIS AGREEMENT, made and entered into on this it-it-t day of VC,A-0bC'( 2023
by and between Bald Eagle Towing & Recovering, Inc. ,
authorized to do business in the State of Florida, whose business address is
3935 Enterprise Ave., Naples, Florida 34104 _, (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period,
commencing n upon the date of Board approval;--oc--P-era------ and
terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for
two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a fl Purchase Order ❑ .
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of n ■I Invitation to Bid (ITB)
Other ( )# 23-8148
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal
referred to herein and made an integral part of this Agreement.
The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
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3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
3.2 • The procedure for obtaining Work under this Agreement is outlined in Exhibit A—
Scope of Services attached hereto.
❑ Gte
Exhibit/Attachment:
•
The-Geu-Rty
•
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
Llitilp—S1
•
•
is authorized.
Ill Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
which it is not possible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
these contracts include back-up documentation of costs; invoices would include number
of hours worked and billing rate by position (and not company (or subcontractor)
timekeeping or payroll records), material or equipment invoices, and other reimbursable
documentation for the project.
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
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4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "'aches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
4:5 . Travel and
cxpcnscs shall be rcimburscd as per Scction 112.061 Fla. Stats.
fc�llneinr_f_rafn.c•
Mileage $0.44.5 per mile
S eYaI { t WOO
tunsh
-Dinner $1-9.80
Airfare
class fare
Rental-ear Actual rental cost limited to compact OF
Parking
•
•
•
undertaken pursuant to this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531C.
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6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: Bald Eagle Towing & Recovery, Inc.
Address: 3935 Enterprise Ave.
Naples, Florida 34104
Authorized Agent: Tracy J. Michels, Treasurer/Secretary
Attention Name & Title:
Telephone: (239) 403-0000
E-Mail(s): office@baldeagletow.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: John King
Division Name: Fleet Management Division
Address: 2901 County Barn Road
Naples, FL 34112
Administrative Agent/PM: Mario Menendez, Manager
Telephone: (239) 252-4170
E-Mail(s): Mario.Menendez@colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
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9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be the sole judge of
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. n Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. I Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. ■ Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. The coverage must
include Employers' Liability with a minimum limit of$ 1,000,000 for each accident.
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this insurance. Such insurance shall have limits of not less than $ each
Cvber--l=iabiletv:-Coverage-sfaall-ha-ve-rim limit
-F7 n :-Gever-age
GT n :-Coverage
shall have minimum limits of$ per claim.
} :Coverage
shall have minimum limits of$ per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
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Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Fleet Management Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), ■ Exhibit A Scope of Services,
Exhibit B Fee Schedule, RFP/ ■I ITB/n Other
#23-8148 , including Exhibits, Attachments and Addenda/Addendum, I I 6ubsequent
quotes, and I■' Other Exhibit/Attachment: Federal Contract Provisions and Assurances
17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to
the terms of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
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including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation,
workers' compensation, equal employment and safety including, but not limited to, the
Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law
Chapter 119, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(a,colliercountyfl.go
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
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Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from
the public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or a Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23.
,
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materials, and shall leave the Project site clean.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
25. W RR NTv
equipment covered by this Agreement will conform to the requirements as specified, and
the purpose intended. Goods shall be delivered free from any security interest or other
particular service. These warranties shall survive inspection, acceptance, passage of title
and payment by the County.
Contractor furt cr warrants to the County that all materials and equipment furnished under
the Contract Documents shall be applied, installed, connected, erected, used, cl aned
and conditioned in accordance with the instructions of t c applicable manufacturers,
Documents:
If, within one (1) yeyar after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after
of such replacement or repair.
26. n en Tc—;f ho G n+aet
requires any portion of the Work to be specifically inspected, tested or approved,
inspec ,
acceptable to the County.
27. 111 PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
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to replace such loss or damage shall be deducted from any amounts due to
Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
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33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34.
•
The Contractor shall make commerci
personnel.
■I AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. ORD€R-OF-PR€C DE
--Proposal;
•
take r�rCc-'F7reeed"e•i co;
• ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at County's discretion.
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
Page 12 of 17
Fixed Term Service Multi-Contractor Agreement [2023_Ver.1]
16E 1
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four(4)years. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of
issuance and can be renewed each year at no cost to the Contractor during the time
period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS(a7colliercountyfl.gov) whenever an employee assigned to Collier
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of$500 per incident.
Collier County Sheriffs Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If
there are additional fees for this process, the Contractor is responsible for all costs.
38. ❑■ SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable
rules and regulations. Also, all Contractors and subcontractors shall be responsible for
the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way
for the purpose of inspection of any Contractor's work operations. This provision is non-
negotiable by any division/department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier County
Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision
shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
Page 13 of 17
Fixed Term Service Multi-Contractor Agreement [2023_Ver.1]
CAO
16E 1
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzer, IerKof the Circuit COLLIER COUNTY, FLORIDA
Court and Comptroller
By. -' • By.
Rick LoCastro , Chairman
Dated: ) " I 3
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signature only
Contractor's Witnesses: Bald Eagle Towing & Recovering, Inc.
Contractor
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Page 14of17
Fixed Term Service Multi-Contractor Agreement [2023_Ver.l]
6:111
�1
16E 1
Exhibit A
Scope of Services
n following this page (pages 1 through 3
❑ this exhibit is not applicable
Page 15 of 17
Fixed Term Service Multi-Contractor Agreement [2023_Ver.1]
CAG
16E 1
Invitation to Bid (ITB) #23-8148
"24-Hour Towing and Roadside Services"
EXHIBIT A
SCOPE OF SERVICES
The terms"Contractor"and"Vendor"may be used interchangeably throughout this Agreement.
DETAILED SCOPE OF WORK
This Agreement will provide County-wide and out of County, 24-hour towing, recovery, and road-side emergency
services for County vehicles and equipment, in the categories defined below. Pricing reflected in Exhibit B Fee
Schedule of this Agreement is all inclusive of labor, materials, and equipment, in accordance with the terms,
conditions,and specifications contained in this Agreement.
1. Light Towing&Pulling/Winching(Class A)-All automobiles,vans, light trucks,and trailers up to
and including 10,000 lb. Gross Vehicle Weight Rating (GVWR) and small equipment. Small
equipment would include riding mowers, all-terrain vehicles(ATV's), golf carts, warehouse forklifts,
and other similar-size equipment.
2. Medium Towing&Pulling/Winching(Class B)-All trucks and trailers above 10,000 lb.GVWR up
to and including 20,000 lb. GVWR and medium-size equipment. Ambulances, Ford F-350/F-450/F-
550 and equivalent-sized trucks and vans are included in this category along with agricultural tractors,
skid steer loaders, and other similar medium-size/weight equipment.
3. Heavy Towing& Pulling/Winching(Class C)-All heavy-duty trucks above 20,000 lb. GVWR and
all heavy on-road and off-road equipment.
4. Flat/ Spare tire install service (Light Duty Class A only): Lift,jack and support the vehicle and
remove the spare tire from its stowed location and install spare tire on the vehicle so the operator can
safely drive to the nearest contracted service location or Fleet Management.
5. Jump start service(all Classes 12&24 Volt systems): Provide an external power source of either 12
or 24 volts (depending on vehicle's electrical system)to boost a weak or dead battery or"jump start"
the vehicle so it can be driven to the nearest contracted service location or Fleet Management.
6. Lock out Service(all Classes): To gain entry into the vehicle without damage,when the keys may be
locked inside.
Vendor will be expected to perform the following responsibilities:
1. RESPONSE TIME: The response time required by this agreement is arrival at the disabled vehicle or
equipment thirty(30)minutes after notification plus two(2)minutes per mile,measured from the vendor's
base station in Collier County, to the vehicle or equipment location. Every effort must be made by the
vendor to immediately respond to Public Transit and Emergency vehicles including fire trucks, Buses,
Ambulances,and other EMS vehicles.If the vendor cannot meet the required response time for a particular
towing or recovery requirement, the County reserves the right to use the services of any other
towing/recovery company that can make a timely response. The vendor must immediately notify County
Fleet Management when the required response time cannot be met.
2. VEHICLE AND EQUIPMENT DELIVERIES: Towed or recovered vehicles and equipment shall be
delivered to one of the Fleet Management Facilities: 2901 County Barn Rd,Naples FL; 8300 Radio Rd,
Naples, FL; 4800 Davis Blvd, Naples, FL; or 425 Sgt. Joe Jones Rd, Immokalee, FL, unless otherwise
Page 1 of 3
Exhibit A—Scope of Services
CAO
16E 1
Invitation to Bid (ITB) #23-8148
"24-Hour Towing and Roadside Services"
instructed by a member of the Fleet Management Division. Delivered vehicles and equipment shall be
positioned in front of the County Fleet Management facilities so as not to block lanes of travel, parked
vehicles, or maintenance bay doors. (Note: The Fleet Management facility is gated, and the vendor must
have a County access card to enter after normal business hours. Vendor access cards will be issued after
award of the contract.)
3. PRICES: Prices offered for services in this agreement shall apply to all County vehicles and equipment
within a category, including: any other non-assets, equipment, machinery, tools and toolboxes, materials
and supplies, and any other items as deemed necessary to be moved or re-located, transported, or towed
by the County and the Fleet Management Division. The determination of classes for non-assets
items/equipment and any other miscellaneous items, will be made by Fleet Management in conjunction
with a mutual agreement with the towing vendor(s).
Pricing includes a base charge per tow/recovery, plus a cost per mile, and an hourly on-scene rate.
Chargeable mileage is defined as the shortest distance on trafficable highways, streets, and roads from the
pick-up point to the delivery point.
On-scene rates for Towing and Pulling/Winching,may be charged when there is a delay in the availability
of the disabled vehicle or equipment after arrival of the towing/recovery truck at the pick-up site. Also
included, are accident scene cleanup for County vehicle related debris, securing transportation of loose
parts on the vehicle, recovery pulling or winching. In those cases, an on-scene charge may be assessed to
the County in one-quarter per labor hour(.25 hr)increments until the vehicle or equipment is available for
towing/recovery. Rates shall include all normal preparation for towing/recovery requirements for
the particular type of vehicle or equipment, such as securing and strapping/binding for transport,
disconnecting and re-installing drive shafts or axles and caging or releasing air brakes.
For Flat/Spare Tire,Jump Start or Lock Out Service,on-scene rates may be charged when there is a delay
in the availability of the disabled vehicle or equipment for servicing after arrival of the service vehicle at
the service site.In those cases, an on-scene charge may be assessed to the County in one-quarter per labor
hour(.25 hr)increments until the vehicle or equipment is made available for service.
All rates shall remain the same 24-hours a day, all days of the year.
4. PRICE CHANGES: Prices shall remain firm throughout the initial term of this agreement with exception
that prices may be renegotiated with the County's Procurement Contract Manager when fuel prices
increase by twenty-five percent (25%) or more during any continuous three-month period. When
negotiations are successfully completed, an amendment will be documented in writing with both parties
signing. If fuel prices then decrease twenty-five percent(25%)or more during any continuous three-month
period, the County may call for renegotiations of vendor pricing. Fuel prices will be documented upon
initial award of the contract based on the Oil Price Information Service(OPIS)Port Everglades,FL weekly
average rack price for No.2 Ultra Low Sulfur Diesel Fuel. All price change negotiations will also be based
on OPIS Port Everglades, FL weekly average rack prices. Other than negotiated price change agreements,
no additional fuel charges will be permitted under this agreement.
A copy of the original invoice must be provided as back-up to verify proper pricing and mark-ups,
if any.
Page 2 of 3
Exhibit A—Scope of Services
CAO
16E 1
Invitation to Bid (ITB) #23-8148
"24-Hour Towing and Roadside Services"
5. TOLL CHARGES: The County will reimburse all toll charges associated with recovering County
vehicles and equipment when the most direct route requires use of a toll road. Toll charges will be listed
on the invoice and copies of the toll receipts must be attached. No toll charges will be reimbursed without
the toll receipts.
6. INSPECTION: The County reserves the right to inspect the Vendor's facilities and equipment before
award of the contract.
7. VENDOR SUBLET SERVICE(S): Vendor may sublet to a third-party vendor(s) for their service(s) or
additional resources when they may not have the needed equipment or resources and additional resources
or equipment/personnel are required for the requested tow/recovery. The subcontractor charges may be
invoiced at a cost plus 15% markup. A copy of the subcontractor's invoice shall be required with the
Vendor's invoice.
Page 3 of 3
Exhibit A—Scope of Services
CAO
16E 1
Exhibit B
Fee Schedule
following this page (pages 1 through 1 )
Page 16 of 17
Fixed Term Service Multi-Contractor Agreement[2023_Ver.1]
Cho
16E 1
INVITATION TO BID(ITB)#23-8148
EXHIBIT B
FEE SCHEDULE
BALD EAGLE TOWING&RECOVERY, INC.
CATEGORY 1: LIGHT TOWING&PULLING/WINCHING(CLASS A):
ITEM LIGHT DUTY COST
1 Base Charge per Tow/Recovery $ 120.00
2 Number of free miles included in Base Charge 0
3 Total Cost per mile $ 5.00
4 On-scene rate based on an hourly rate $ 75.00
CATEGORY 2:MEDIUM TOWING&PULLING/WINCHING(CLASS B): NO AWARD
CATEGORY 3: HEAVY TOWING&PULLING/WINCHING(CLASS C): NO AWARD
CATEGORY 4: FLAT/SPARE TIRE INSTALL SERVICE:
ITEM LIGHT DUTY CLASS A ONLY COST
13 Flat/Spare Tire Install Service Cost $ 80.00
14 On-scene rate based on an hourly rate $ 75.00
CATEGORY 5: JUMP START SERVICE:
ITEM ALL CLASSES 12&24 VOLT SYSTEMS COST
16 Jump Start Service Cost $ 75.00
18 On-scene rate based on an hourly rate $ 75.00
CATEGORY 6: LOCKOUT SERVICE:
ITEM ALL CLASSES COST
20 Lock Out Service Cost $ 85.00
22 On-scene rate based on an hourly rate $ 75.00
Subcontractor markup(cost plus markup) 15%
Prices shall remain firm for the initial term of this contract,with the exception of the price adjustments as outlined in Section 4.
Price Changes of the Scope of Services.
16E 1
Other Exhibit/Attachment
Description:
Federal Contract Provisions and Assurances
0 following this page (pages through 7 )
n this exhibit is not applicable
Page 17 of 17
Fixed Term Service Multi-Contractor Agreement [2023_Ver.1]
GAO
16E 1
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Acceptance of FEDERAL Clauses
Federal Transit Administration
This project activity is funded in whole or in part by the Federal Government,or an Agency thereof.Federal Law requires
that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal
awards(2 CFR Part 200.23)the definition of CONTRACTOR is an entity that receives a contract(including a purchase
order).
ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at every tier)
a. Record Retention. The Contractor will retain and will require its subcontractors of all tiers to retain, complete and
readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents,
reports, statistics,sub-agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and
supporting materials related to those records.
b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2
C.F.R. §200.333.The Contractor shall maintain all books, records, accounts and reports required under this Contract
for a period of at not less than three (3)years after the date of termination or expiration of this Contract, except in the
event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be
maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and
audit records and information related to performance of this contract as reasonably may be required.
d.Access to the Sites of Performance.The Contractor agrees to permit FTA and its contractors access to the sites of
performance under this contract as reasonably may be required.
CLEAN AIR AND WATER POLLUTION CONTROL ACTS
The Contractor agrees:
1) It will not use any violating facilities;
2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA"List of Violating Facilities;"
3) It will report violations of use of prohibited facilities to FTA; and
4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 —
7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387).
5)The Contractor also agrees to include these requirements in each subcontract exceeding$150,000 financed in whole
or in part with Federal assistance provided by FTA.
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor shall comply and
facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200,
which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement),"2 C.F.R. part 180. These provisions apply to each
contract at any tier of$25,000 or more, and to each contract at any tier for a federally required audit(irrespective of the
contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract
amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate
in this federally funded contract and are not presently declared by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award;
b) Suspended from participation in any federally assisted Award;
c) Proposed for debarment from participation in any federally assisted Award;
d) Declared ineligible to participate in any federally assisted Award;
e)Voluntarily excluded from participation in any federally assisted Award;or
f) Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal,the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the COUNTY. If it is later determined
by the COUNTY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies
available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180,
subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract
that may arise from this offer.The bidder or proposer further agrees to include a provision requiring such compliance
in its lower tier covered transactions.
FEDERAL PROVISIONS-1
CAS.)
16E 1
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
DOMESTIC PREFERENCE FOR PROCUREMENTS
a)As appropriate and to the extent consistent with law,the non-Federal entity should,to the greatest extent practicable
under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured
products). The requirements of this section must be included in all subawards including all contracts and purchase
orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United States"
means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction
materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer based products
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
ENERGY CONSERVATION(Applies to subcontracts at every tier)The contractor agrees to comply with mandatory
standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued
in compliance with the Energy Policy and Conservation Act.
FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies,procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser
and FTA,as they may be amended or promulgated from time to time during the term of this contract.Contractor's failure
to so comply shall constitute a material breach of this contract.
FEDERAL TAX LIABILITY AND FELONY CONVICTIONS
(1) Transactions Prohibited. (i) Prior to any award,the County will obtain from the prospective Contractor a certification
that the Contractor—(A) Does not have any unpaid Federal tax liability that has been assessed,for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to
an agreement with the authority responsible for collecting the tax liability;and (B)Was not convicted of the felony criminal
violation under any Federal law within the preceding 24 months. (ii)If the Contractor cannot so certify,the County agrees
to refer the matter to the FTA and not to enter into any agreement with the Contractors without FTA's written approval.
(2) The County agrees to require all Contractors to flow this requirement down to participants at all lower tiers, without
regard to the value of any subagreement.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA)TERMS
The preceding provisions include,in part,certain Standard Terms and Conditions required by DOT,whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA
Circular 4220.1 F, are hereby incorporated by reference.Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.
The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY requests which
would cause the COUNTY to be in violation of the FTA terms and conditions.
LOBBYING
Contractors who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR part 20,
"New Restrictions on Lobbying."Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with
non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures
are forwarded from tier to tier up to the recipient.
Executive lobbying costs. Costs incurred in attempting to improperly influence either directly or indirectly, an employee
or officer of the executive branch of the Federal Government to give consideration or to act regarding a Federal award or
a regulatory matter are unallowable. Improper influence means any influence that induces or tends to induce a Federal
employee or officer to give consideration or to act regarding a Federal award or regulatory matter on any basis other than
the merits of the matter.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES(Applies to subcontracts at every tier)
(1) The County and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written consent
by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Recipient,Contractor,or any other party(whether or not a party to that contract)pertaining
to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA.It is further agreed that the clause shall not be modified,except to identify the subcontractor
FEDERAL PROVISIONS-2
16E 1
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
who will be subject to its provisions.
PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make
maximum use of products containing recovered materials that are EPA- designated items unless the product cannot
be acquired—i. Competitively within a timeframe providing for compliance with the contract performance schedule; ii.
Meeting contract performance requirements; or Hi.At a reasonable price. (2) Information about this requirement, along
with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.00v/smm/comprehensive-procu rement-guideline-cpg-program
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain;or
3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment,services, or systems that uses
covered telecommunications equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities).
i. For the purpose of public safety,security of government facilities,physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
ii. Telecommunications or video surveillance services provided by such entities or using such
equipment.
Hi. Telecommunications or video surveillance equipment or services procured or provided by an
entity that the Secretary of Defense, in consultation with the Director of the National Intelligence
or the Director of the Federal Bureau of Investigation,reasonably believes to be an entity owned
or controlled by, or otherwise connected to,the government of a covered foreign country.
In implementing the prohibition under Public Law 115-232, section 889,subsection(f), paragraph (1), heads of executive
agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist
affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition
from covered communications equipment and services, to procure replacement equipment and services, and to ensure
that communications service to users and customers is sustained. See Public Law 115-232,section 889 for additional
information. See also§200.471.
PROGRAM FRAUD OR FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract."
NOTIFICATION TO FTA
If a current or prospective legal matter that may affect the Federal Government emerges,the County must promptly notify
the FTA Chief Counsel and FTA Regional Counsel for the Region in which the County is located. The Recipient must
include a similar notification requirement in its Third-Party Agreements and must require each Third Party Participant to
include an equivalent provision in its sub agreements at every tier, for any agreement that is a "covered transaction"
according to 2 C.F.R. §§ 180.220 and 1200.220.
(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default,
litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
(2)Matters that may affect the Federal Government include, but are not limited to,the Federal Government's interests in
the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government's
administration or enforcement of federal laws, regulations, and requirements.
(3) The County must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional
Counsel for the Region in which the Recipient is located,if the Recipient has knowledge of potential fraud,waste,or abuse
occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have
submitted a false claim under the False Claims Act, 31 U.S.C. §3729 et seq., or has or may have committed a criminal or
civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This
responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and
FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the Recipient. It also
applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a
criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal
FEDERAL PROVISIONS-3
I 6 E I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information
in the possession of the Recipient.
DHS SEAL, LOGO,AND FLAGS The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags
or likenesses of DHS agency officials without specific FTA pre-approval.
TRAFFICKING IN PERSONS The contractor agrees that it and its employees that participate in the Recipient's Award,
may not: (a) Engage in severe forms of trafficking in persons during the period of time that the Recipient's Award is in
effect; (b) Procure a commercial sex act during the period of time that the Recipient's Award is in effect; or (c) Use
forced labor in the performance of the Recipient's Award or subagreements thereunder.
SAFE OPERATION OF MOTOR VEHICLES Seat Belt Use The Contractor is encouraged to adopt and promote on-
the-job seat belt use policies and programs for its employees and other personnel that operate company-owned
vehicles, company rented vehicles, or personally operated vehicles. The terms "company-owned" and "company-
leased"refer to vehicles owned or leased either by the Contractor or Agency. Distracted Driving The Contractor agrees
to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to
ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or
rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection
with the work performed under this Contract.
TERMINATION (Applies to subcontracts at every tier in excess of $10,000) Unless otherwise provided in this
contract, should the Contractor be found to have failed to perform his services in a manner satisfactory to the County
as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this
Agreement for convenience with a thirty(30)day written notice.The County shall be sole judge of non-performance. In
the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that
portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any
other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on
portions of the services not performed.
CIVIL RIGHTS LAWS AND REGULATIONS (Applies to subcontracts at every tier) The COUNTY is an Equal
Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and
implementing regulations.Apart from inconsistent requirements imposed by Federal laws or regulations,the COUNTY
agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by
FTA to support procurements using exclusionary or discriminatory specifications.
Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these
requirements in each subcontract entered into as part thereof.
1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against any employee or applicant for employment because of race,color,religion,national origin,sex,
disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing
regulations and other implementing requirements FTA may issue.
2. Race, Color, Religion, National Origin,Sex. In accordance with Title VII of the Civil Rights Act, as amended,42
U.S.C.§2000e et seq.,and Federal transit laws at 49 U.S.C.§5332,the Contractor agrees to comply with all applicable
equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and
Executive Order No. 11246,"Equal Employment Opportunity in Federal Employment,"September 24, 1965,42 U.S.C.
§2000e note,as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C.§2000e
note.The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual
orientation and gender identity). Such action shall include, but not be limited to,the following: employment, promotion,
demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
3.Age. In accordance with the Age Discrimination in Employment Act,29 U.S.C. §§621-634, U.S. Equal Employment
Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the
Age Discrimination Act of 1975, as amended,42 U.S.C. §6101 et seq., U.S. Health and Human Services regulations,
"Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R.
part 90,and Federal transit law at 49 U.S.C.§5332,the Contractor agrees to refrain from discrimination against present
and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
4. Disabilities. In accordance with scction 504 of thc Rehabilitation Act of 1073, as amended, 20 U.S.C. § 704, thc
FEDERAL PROVISIONS-4 CAO
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Americans with Disabilities Act of 1990, as amended,42 U.S.C. §12101 et seq.,the Architectural Barriers Act of 1968,
as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
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FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and
its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligibie, or
voluntarily excluded from covered transactions by any Federal department or agenc ;
(b) Have not within a three-year period preceding this proposal been convicted of or hiad a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or con ract under a public transaction; violation of Federal or State
antitrust statutes or comnission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a govemMental
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (I)(b)of this ce tification; and
(d) Have not within a three-year period preceding this application/proposal had one or More
public transactions (Fedel al, State or local)terminated for cause or default.
(2) Where the prospective prima y participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this propose(
Narhe DUNS Number
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TItle
Tax ID Number
Firm , SAM.gov Unique Entity Identification Number
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Street Address, City, State, Z p
Signature
FEDERAL PROVISIONS-6
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COLLIER COUNTY
Certification Regarding Lobbying_...
The undersigned certifies,to the best of his or her knowledge,that:
(I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersined, to
any person for influencing or attempting to influence an officer or employee of an agency, a MeMber of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal 1 an, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendrInent, or
modification of any Federal contract,grant,loan,or cooperative agreement.
I
(2) If any funds other than Federal Appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with thisFederal
contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-
I,I,L,"Disclosure Form to Report Lobbying,"in accordance with its instructions,
I
(3) The undersigned shall require(ha the language of this certification be included in the award doeutnents
for all subawards at all tiers (including subcontracts, subgrztnts, and contracts under grants. loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly,
i
This certification is a material representation of•fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000
and not more than$100,000 for each such failure.
i
,
The Contractor,f)CO ,('k`i(r, , \i't:k ,certifies or affirms the truthfulness and accuraeyof each
statement of its certification and disc osure, if,any. In addition,the Contractor understands and agrees that
the provisions of 31 U.S.C. § 3801 et seq.,apply to this certification and disclosure, if any.
In addition,the Contractor understands and agrees that the provisions of 11.062,Florida Statutes., apply to
this certification and disclosure, if any.
(„,,,,;A A t.k..t ‘..,,,,, 7, ,,• , Signature of Contractor's Authorized Official
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'', ,, ,C,\40..1C;I ) "" kt .kame of Authorized Official and Title
Date
FEDERAL PROVISIONS- ....._
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