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Backup Documents 04/23/2024 Item #16A15 (Collier Property Specialists, LLC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP a 6 A 15 TO AC COMPANY ALL ORIGINAL DOCUMENTS SENT TO RECEIVED THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURFADD0 0A Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Coun rAIIo4k 2024 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. Risk M8f18g6r11@IIt **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 Inittials Date 1. Risk Risk Management -66 4 f 2.5/2q- 2. County Attorney's Office County Attorney Office �A)(/ Y/2 y/Z`/ 4. BCC Office Board of County r Commissioners Ct/iy i fr/ 11/1 v Z/ 4. Minutes and Records Clerk of Court's Office 94 4 ,* 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 Francheska Correa/Procurement Contact Information 239-252-6020 Contact/Department Agenda Date Item was 04/23/2024 Agenda Item Number 16. A.156‘ Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8185 Collier Property number if document is Collier Property Specialists, LLC to be recorded Specialists,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 FC 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 FC 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 FC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 04/23/2024 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County -3-Akis4 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 5 /P14 an option for Chairman's signature. this line. � 6A15 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 23-8185 for Nuisance Abatement Mowing and Debris Removal THIS AGREEMENT, made and entered into on this 023 day of 4r ) 20 24 by and between Collier Property Specialists, LLC authorized to do business in the State of Florida, whose business address is 201 Griffin Road, Naples, Florida 34114 _, (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; or on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a El Purchase Order ❑ 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ICI Invitation to Bid (ITB) Other ( ) # 23-8185 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. [ � The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement [2023 ver.2] 7 (7) 90 16A15 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 II The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. 3.-3 I I The procedure-#< obtai g r adert#is g-Feement-is-outlined-in I I Other Exhibit/Attachment: 3A I I T-be-Geunty-reserves-the.rig ht-te specify-in-each-Request-fer--Quotationsthe-period of-comp lctiory�-eollcction-ef-liquidated-damages-in-the-event-of-late-completien;-and-the Price-Methodology-selected-in-4--1: 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): t=urnp-sum--(-Fined -Price)-A-firm-fxed-total-price-offering-for-a-project;the--risks-are transferred from-the Geun#y-to-the-eentraotor and, as-a-business practice there are-ne hourly-or—material—invoices—pme-seated;-rather—#he--eantroctor—must per-form---to—the satisfaetien-of-the-Gounty's-prejeet-manager--before-paymeta#--fer-the-fixed-price-oentraot is-authorized- s 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. 11111 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] CA) 16A15 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 1 1 e aflEt pp-r - • Mileage e,_. Breakfast L-U h $14-98 • Aare class fare Rental car s a da h;eles Lodging y-rate • Parking Actual cost of parking long distance charges, fax charges, photocopying charges and postage. Reimbursable 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2 0 16 A15 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: Collier Property Specialists LLC Address: 201 Griffin Rd Naples, Florida 34113 Authorized Agent: Patrick A. Baldwin, Manager Attention Name & Title: Telephone: (239) 259-6185 E-Mail(s): sales@collierps.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: Thomas landimarino Division Name: Code Enforcement Division Address: 2800 Horseshoe Drive N Naples, FL 34104 Administrative Agent/PM: Colleen Karlen, Manager Telephone: (239) 252-2975 E-Mail(s): Colleen.Karlen@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] 0 16 A 15 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. I■1 Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. IMI Business Auto Liability: Coverage shall have minimum limits of$ 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. n Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] O 6A1.• Pfefes- eaeh v age n-im-id a-l+n4its of--$-.......--- min :coverage 6- Coverage shall have minimum limits of$ per claim. -1-11 ❑ :-Gover-age shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] 0 . � 6A15 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 Code Enforcement 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, RF-R/ n ITB/ Other #23-8185 , including Exhibits, Attachments and Addenda/Addendum, subsequent Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] ny 0 16A15 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: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(a�colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Page 8of17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] -O 6 1 6 A 1 5 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. I1I CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project Page 9of17 Fixed Term Service Multi-Contractor Agreement [2023 ver.2] ,Z; 16A15 site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, 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. U■ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. n TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. 10 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 Page 10 of 17 Fixed Term Service Multi-Contractor Agreement [2023__ver.2] (50 1 6 A 1 5 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. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] yn 16 A15 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. I I KEY PERSON . this project shall be knowledgeable in their areas of expertise. The County reserves the nourc that competent • 11111 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. I■I ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. I I 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 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.2] Oaf 16A15 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 (Dt_-FMOPS(cr�colliercountvfl.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 Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. I■I 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 Page 13 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] an 0 16 A 15 shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Comptroller • By: By: —Attest as to L. , ,.. „an s l signature only Chris H , hairman Dated: ��5 �4 1 1 (SEAL) Contractor's Witnesses: Collier Property Specialists, LLC Con actor , • • ► a. I S DBA (Jf C tractor's First Witness "loStIticure "?)&i.ctiOinbwr�e�►r' Oicalv� ‘i CO4ittriltTType/print signature and titleT ) Type/pri ess na n actor's Second Witness rT/'4_ ? RQ' \ TType/print witness name Approved Is o l tag Legality: • i. Attorney 'ri Na e Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 12023_ver.2] ^a4 t6A15 Exhibit A Scope of Services (� following this page (pages 1 through 5 ) this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] ONO Invitation to Bid (ITB) #23-8185 1 6 A 15 "Nuisance Abatement Mowing and Debris Removal" EXHIBIT A SCOPE OF SERVICES BACKGROUND Collier County Code Enforcement Division oversees the enforcement of nuisance abatement mowing and litter/debris removal in accordance with the Collier County Land Development Code,Collier County Code of Laws and ordinances, Chapter 54, Article VI, Litter, Weed, and Exotic control Ordinance and Florida Statutes 713.78 and 715.07. When a property owner fails to maintain their property in accordance with the aforementioned rules and after legal notice and due process requirements, Collier County Code Enforcement uses a contracted vendor to remedy/abate the mowing and litter/debris (nuisance) violation(s). This Agreement is for nuisance abatement mowing and litter/debris removal services for properties located throughout Collier County. DETAILED SCOPE OF WORK The Contractor(s) shall provide the following nuisance abatement services which includes, but are not limited to: mowing, bush-hogging and litter/debris removal in accordance with the Collier County Land Development Code, Collier County Code of Laws and ordinances, Chapter 54, Article VI, Litter, Weed, and Exotic control Ordinance and Florida Statutes 713.78 and 715.07. Collier County Land Development Code Link: Land Development Code I Collier County, FL I Municode Library Collier County Code of Laws and ordinances Chapter 54, Article VI, Litter , Weed and Exotic Control Ordinance https://library.municode.com/fl/collier_county/codes/code of ordinances?nodeId=PTICO_CH54EN ARTVILIWE EXCO Florida Statute 713.78 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display Statute&Search String=&URL=0700- 0799/0713/Sections/0713.78.html Florida Statute 715.07 http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&Search_String=&URL=0700- 0799/0715/Sections/0715.07.html Work areas for the nuisance abatement services consist of lots/parcels scattered throughout Collier County. Lot sizes vary from less than an 1/8 of an acre to over 2 acres. The nuisance abatement services are divided into 2 categories: • Category 1: Mowing—Mandatory and Non-Mandatory (including bush-hogging) • Category 2: Litter and Debris Removal For both categories, the Contractor shall provide all labor (qualified personnel), material, supplies and equipment to perform required services, including but not limited to, mowing, bush-hogging and litter/trash removal in accordance Page l of 5 Exhibit A—Scope of Services OVO Invitation to Bid (ITB) #23-8185 1 6 A 15 "Nuisance Abatement Mowing and Debris Removal" with the scope of services and general requirements specified herein. For the purposes of the nuisance abatement services, the County intends to divide/assign the two (2) categories of work . into two zones. The dividing line between the two zones is Golden Gate Blvd,extending from the Gulf of Mexico to the Broward County line. • The North Zone: Areas North of Golden Gate Blvd. including the Immokalee Community. • The South Zone: Areas South of Golden Gate Blvd. and unincorporated areas bordering the City of Naples and Marco Island. The South Zone also includes Copeland, Everglades City and incorporated areas in between. Historically,the County has 50-70 properties that require service at any given time and the frequency is determined by environmental conditions. The quantity and location of services are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during the contract term but does not guarantee any minimum or maximum. Category 1: Mowing A. Mandatory Mowing: Mowing work that addresses a public nuisance condition determined by violations that have occurred three(3)or more times after July 15,2001,on a particular lot or parcel of unimproved property while under the same ownership. Mandatory mowing work includes mowing only. The County maintains an average of 40 mandatory mowing lots each month; however, the number of properties are not guaranteed and is subject to decrease or increase each month.These properties are expected to be mowed every 2-4 weeks or as the County deems necessary. B. Non-mandatory Mowing: Mowing work that addresses violations of any accumulation of weeds, grass or similar non-protected overgrowth is in excess of eighteen (18) inches in height and located on a mow able lot in Collier County. Non-mandatory mowing work includes mowing,edging and blowing.Edging and blowing will be billed as a Category 2 activity, at the litter and debris removal hourly rate. Non-mandatory mowing lots may require additional services to include but not limited to, debris removal, minor tree branch trimming,and hedge trimming.Additional services will be charged per Category 2 pricing, debris removal will be based on a cubic yard rate plus the hourly rate for litter and debris removal. These properties are complaint driven and the number can vary between 5 and 20 properties each month. The number of non-mandatory properties per month are not guaranteed. Category 2: Litter and Debris Removal Litter and debris removal work includes,but is not limited to:clean-up,removal and proper disposal of appliances, motor vehicle parts, grills, tires, scrap metal, construction material, vegetative debris, furniture or any other item large item as defined by the Division. This category also includes fill dirt if ordered. The Litter and Debris Removal includes the price per cubic yard (volume) plus the associated Litter and Debris Removal hourly labor rate. Page 2 of 5 Exhibit A—Scope of Services �d' Invitation to Bid (ITB) #23-8185 1 6 A 1 5 "Nuisance Abatement Mowing and Debris Removal" General Requirements for all Work: 1. Assignment of Work: Once the primary Contractor is notified of work assignment in the form of an abatement request, they have three (3) days to accept the work assignment. The Abatement request will identify the work location and category of work required. If the County does not receive this acceptance within three (3) days,the secondary Contractor could be afforded the opportunity to accept the work assignment. 2. Abatement Services Site Preparation and Work Technique: The Contractor shall pick up all litter and vegetative debris,and remove it from all areas to be abated,to ensure clean abatement conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to avoid bumping,girdling,and/or causing any other damage to trees, shrubs, plants, fences, and benches. The sites requiring abatement can and will be both public and private property which are under enforcement action taken by the County. Abatement is through authority provided under Ordinance and may be accompanied in some cases by Court Order which may or may not require an escort. 3. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning the nature and location of the work and the general and local conditions, and particularly,but,without limitation, with respect to the following: physical conditions at the worksite and the project area as a whole. The failure of the Contractor to acquaint themselves with any applicable conditions shall not relieve Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the basis for any claim for additional compensation. If upon assessing the initial site conditions the contractor determines that services needed will be for an estimated amount of more than $250.00, the Contractor shall submit a quote for the work to be performed. The quote shall be submitted within 3 days of the abatement request. 4. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the term of this Agreement shall be mowed with twenty-one-inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers.The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. 5. Photograph Requirements: For all work the Contractor will provide before and after photographs to accompany their invoice submittal. All photographs shall be time and date stamped. The before photo showing the violation prior to Contractor abatement, and the after photo showing the site immediately after Contractor abatement. Photos must be in color and submitted in electronic format to the designated County representative within two days of submitting the invoices. Photos are to be taken from same angle and wide view. As the photographs may be used as evidence,the Contractor shall retain originals of said photographs either until payment is received by the County or until such a time as deemed appropriate by any other government authority as required by law. 6. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to complete the jobs, who are familiar with the terms and conditions of the contract and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Agreement. If the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and shall assign a new Supervisor within seven (7) calendar days of the County's notification. All communication, written or oral, shall be solely in the English language. 7. Contractor Equipment: The Contractor shall provide all equipment to perform requested services. Page 3 of 5 Exhibit A—Scope of Services �d, Invitation to Bid (ITB) #23-8185 "Nuisance Abatement Mowing and Debris Removal" 1 6 A 15 Equipment should include but not limited to the following: • Riding and push mowers • String trimmers • edger • Sweepers • Tractor w/60"bush hog or greater • Professional/Commercial Grade Riding Mower • Hand pushed mower(s) 2+(at least one to be twenty-one inches +/-) • Weed eater(s) 2+ • Power Blower(s) • Chainsaw • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This could be anything from garbage to appliances, furniture,tires, motor vehicle parts or other large items. • Brooms, rakes, shovels, hand trimmers, whatever may be needed to perform the job skillfully and safely in an efficient and timely manner. • Any other items necessary to accomplish the task. The Contractor shall keep all blades sharpened to provide a smooth, clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written approval has been granted by County representative(s) inwriting. 8. Mowing: The Contractor shall mow at the interval identified in the individual abatement request, unless otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the County's Mandatory Lot Mowing Program which may require mowing during certain periods. The typical mowing schedule for the Mandatory Lot Mowing Program is listed below. • May 1st through October 31 st, biweekly during heavy growth • November 1st through April 30th monthly mowing Unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditions for the Contractor. For any lot that requires a double cut due to access height,the Contractor shall notify the County in advance of performing the service. If required,the double cut may be billed at two times (2x)the established rate. 9. Scheduling Services: The Contractor shall have seven (7) calendar days from the date of Approval to Commence to complete work related to the abatement, unless otherwise directed in writing, or unless specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure the safety of all citizens and animals on and around subject property during abatement operations. 10. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Sunday, unless preempted by scheduled activities. 11. Invoicing: The Contractor shall complete and submit with the invoice for payment, before and after photos - date and time stamped. Photos are to be taken from same angle and wide view. The Contractor will also be required to conduct on- site inspections with Code Enforcement or County's Representative on an as needed Page 4 of 5 Cda Exhibit A—Scope of Services Invitation to Bid (ITB) #23-8185 t 6 A 15 "Nuisance Abatement Mowing and Debris Removal" basis to verify satisfactory completion of Contract requirements. 12. Property Owner Complaint Process: The Contractor shall contact the County's Project Manager with any property owner complaints at (239) 252-2440. If complaints are in regard to work performed and if directed by the Project Manager, the Contractor shall address all complaints within five (5) working days of notification of knowledge of the incident. If complaints are due to damages caused by the Contractor and the damages are not responded to or not resolved to the reasonable satisfaction of the County, the County shall deduct the value of damages from the Contractor's invoice. The County is to receive copies of all complaints received(in writing) from the owner and, if applicable, have a record of their disposition/resolution. 13. Specifications • Mowing: Mowing shall include all specified areas of the properties that are not currently maintained by the property owners, or as indicated on the Code Enforcement request. The Contractor will be asked to make a site visit and confirm the property size and frequency with the assigned Code Enforcement Investigator. Grass shall be cut at a height no less than three inches(3").The frequency of cutting will be determined by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to palm fronds, leaves,branches,etc.) shall be mulched or removed by the Contractor. • Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility service boxes, street light bases, signposts, headwalls, guardrails,timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, signposts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed.No herbicide shall be used for edging. • Blowing: All sidewalks, curbing and/or gutters including a four-foot(4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean.No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. • Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned by removing all trash and debris to include, but not be limited to paper, bottles, cans, other trash, and horticultural debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees,tipping fees or charges are to be included in the base cost of these services. Page 5 of 5 O`dO Exhibit A—Scope of Services 6 A Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] Odo 16A15 Invitation to Bid(ITB)23-8185 "Nuisance Abatement Mowing and Debris Removal" EXHIBIT B FEE SCHEDULE COLLIER PROPERTY SPECIALISTS,LLC PRIMARY PRIMARY NORTH ZONE SOUTH ZONE CATEGORY I:MOWING ITEM No. UNIT OF MEASURE (Includes Immokalee) (Includes Port of the Isles, Mandator and Non-Mandatory)Y Goodland&Copeland) 1 Up to and including twenty-four(24)inches high for lots Per lot/Parcel $80.00 $80.00 up to one-half(.5)acres. 2 Up to and including twenty-four(24)inches high for lots Per lot/Parcel $85.00 $85.00 one-half(.5)to one(1)acre 3 Up to and including twenty-four(24)inches high for lots Per lot/Parcel $85.00 $85.00 one(1)to two(2)acres 4 Up to and including twenty-four(24)inches high for lots Per Acre $85.00 $85.00 greater than two(2)acres) Twenty-four(24)inches high and including thirty-six(36) 5 Per lot/Parcel $90.00 $90.00 inches high for lots up to one-half(.5)acres 6 Twenty-four(24)inches high and including thirty-six(36) Per lot/Parcel $90.00 $90.00 inches high for lots one-half(.5)to one(1)acre Twenty-four(24)inches high and including thirty-six(36)7 Per lot/Parcel $90.00 $90.00 inches high for lots one(1)to two(2)acres 8 Twenty-four(24)inches high and including thirty-six(36) Per Acre $90.00 $90.00 inches high for lots greater than two(2)acres) 9 Over thirty-six(36)inches high for lots Per lot/Parcel $100.00 $100.00 up to one-half(.5)acre 10 Over thirty-six(36)inches high for lots Per Acre $100.00 $100.00 one-half(.5)to one(1)acre 11 Over thirty-six(36)inches high for lots Per lot/Parcel $100.00 $100.00 greater than one(1)acre NORTH ZONE SOUTH ZONE ITEM No. Category 2:LITTER AND DEBRIS REMOVAL Unit Measure (Includes Immokalee) (Includes Port of the Isles, Goodland&Copeland) Litter and Debris Removal-Volume 12 (Litter and debris removal is inclusive of all disposal fees) Cubic Yard $110.00 $110.00 13 Fill Dirt (inclusive of hauling and placement) Cubic Yard $25.00 $25.00 14 Hourly Labor rate associated with additional services. Hourly $45.00 $45.00 Prices shall remain firm for the initial term of this Agreement 16A15 Other Exhibit/Attachment Description: I I following this page (pages through ) I■I this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] OVO ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i 6 A 15 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO RECEIVED THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURFADD A Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Coun Atto*El 2024 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 Risk Management 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 -66 4 f2°lZc/- 2. County Attorney's Office County Attorney Office 3Aki,1 Y�ZY/iy 4. BCC Office Board of County Commissioners C!a.% /tj / ` / i/Z 4. Minutes and Records Clerk of Courts Office 414- 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 Francheska Correa/Procurement Contact Information 239-252-6020 Contact/Depai latent Agenda Date Item was 04/23/2024 Agenda Item Number 16. A.15q Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8185 Collier Property number if document is Collier Property Specialists, LLC to be recorded Specialists, 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 FC 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 FC 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 FC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 04/23/2024 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County -Akp 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 5 an option for Chairman's signature. this line. 6 A15 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 23-8185 for Nuisance Abatement Mowing and Debris Removal THIS AGREEMENT, made and entered into on this 023 day of l4rl ) 20 24 by and between Collier Property Specialists, LLC authorized to do business in the State of Florida, whose business address is 201 Griffin Road, Naples, Florida 34114 _, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing upon the date of Board approval; or on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑� Purchase Order ['Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Li Request for Proposal (RFP) 1■I Invitation to Bid (ITB) n Other ( - ) # 23-8185 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. n The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] � 6A15 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 0 The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. 3 3 The-procedure-for-obtaining Work under-this-Agreement is outlined-in Other Exhibit/Attachment; - 3A I I-The-Gounty-reserves-the-right-to-specify in-each-Request-fer-0uotations-the-period of-completioneollection-o#-liquidated-damages-i he-event-o#-[ate-completion; and-the Price-Methodology-selected-in-44 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): Lump-Sum-(-Fixed-Price-}-A-firm-fixed-total-price-offering--for-a--project;the--risks-are transfer-red--roAR-the Geunt-y to-the-sentraeteF;-afnd-a-s-a-business--practice-#here-ar-e-no hourly-er--material-invoices-pfesen#ed,-rather;-the-contractor--must -perform--to-the satierfactien-o#-the-Gounty's-project-manager--before-payment-for-the-fixed-price-contract is-a thefized- s 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. IIII Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] ChO 16A15 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4,5 I I (cheek4f-applicable) Travel—aY^!- R it bur-sable—Expenses Travel—and ty:-- -ra-vel expenses-shall--be . . • Mileage $O:44:der--mils Bfeakfast $640 class fare Rental car standard size vehicles Lodging y-rate Actual cost of parking • • • • 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3of17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2 9 . 0 I6A15 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: Collier Property Specialists LLC Address: 201 Griffin Rd Naples, Florida 34113 Authorized Agent: Patrick A. Baldwin, Manager Attention Name & Title: Telephone: (239) 259-6185 E-Mail(s): sales@collierps.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: Thomas landimarino Division Name: Code Enforcement Division Address: 2800 Horseshoe Drive N Naples, FL 34104 Administrative Agent/PM: Colleen Karlen, Manager Telephone: (239) 252-2975 E-Mail(s): Colleen.Karlen@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement n [2023_ver.2] 8 16 A15 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. • Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. • Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. n Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement CO [2023 ver.2] , D ! 6A1. S D Professi • Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each I I Cithe iabilit-y:--C�ge . - I I ....--Goverage I ,:--Coverage shall have minimum limits of$ per claim. I=1-: I I ;Covee shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement r[2023_ver.2] 16A15 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 Code Enforcement 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/ 0 ITB/❑ Other #23-8185 , including Exhibits, Attachments and Addenda/Addendum, subsequent mates;-afld ❑ Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] v 0 16 A 15 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: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD 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: PublicRecordReguest(ccolliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Page 8 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] a0 16A15 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. ❑■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project Page 9of17 Fixed Term Service Multi-Contractor Agreement [2023 ver.2] r� 16A15 site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, 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. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. Ii TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. III 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 Page 10 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] 0 2 16A15 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. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement [2023__ver.2] (p) 16A15 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. 1 1 KEY PERSONNE . this project shall be knowledgeable in their areas of expertise. The County reserves the fight to perform investigations as may be deemed necessary to ensure that competent assigned shall be available for an amount of time ado ed scn,;ce ,dates.The Contractor shall not change Key Personnel unless the following conditions are The Contractor shall make commercially reasona ■ 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. III ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. , all other Contract Documents, except the terms of any Supplemental Conditions shall take , , , 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.2] Oaf i6A15 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( colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 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 Page 13 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] a� 0 6A15 shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Comptroller By: . C By: Rest as to L, ,..:,.errs Chris H , hairman signature only Dated: 5 (SEAL) Contractor's Witnesses: Collier Property Specialists, LLC Con actor 1 11 • •���. .. ► ' S. I gatS DBA A-blab() 6;1. es, /,- -t .wkgse. s,,g:L - Contractor's First Witness "Ici S' nature • �a.LctWtn awnve. TType/print signature and titleT � Type/pri ess na T Con ractor's Second Witness etsitc 21,4 c-a_ \ TType/print witness nameT Approved :s o - and Legality: I _opt II i. Attorney Na e Page 14 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] -7 � 6A15 Exhibit A Scope of Services ❑■ following this page (pages 1 through 5 ) this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] O\0 Invitation to Bid (ITB) #23-8185 1 6 A 15 "Nuisance Abatement Mowing and Debris Removal" EXHIBIT A SCOPE OF SERVICES BACKGROUND Collier County Code Enforcement Division oversees the enforcement of nuisance abatement mowing and litter/debris removal in accordance with the Collier County Land Development Code,Collier County Code of Laws and ordinances, Chapter 54, Article VI, Litter, Weed, and Exotic control Ordinance and Florida Statutes 713.78 and 715.07. When a property owner fails to maintain their property in accordance with the aforementioned rules and after legal notice and due process requirements, Collier County Code Enforcement uses a contracted vendor to remedy/abate the mowing and litter/debris (nuisance)violation(s). This Agreement is for nuisance abatement mowing and litter/debris removal services for properties located throughout Collier County. DETAILED SCOPE OF WORK The Contractor(s) shall provide the following nuisance abatement services which includes, but are not limited to: mowing, bush-hogging and litter/debris removal in accordance with the Collier County Land Development Code, Collier County Code of Laws and ordinances, Chapter 54, Article VI, Litter, Weed, and Exotic control Ordinance and Florida Statutes 713.78 and 715.07. Collier County Land Development Code Link: Land Development Code I Collier County, FL J Municode Library Collier County Code of Laws and ordinances Chapter 54, Article VI, Litter, Weed and Exotic Control Ordinance https://library.municode.com/fl/collier_county/codes/code_of_ordinances?nodeId=PTICO_CH54EN_ARTVILIWE EXCO Florida Statute 713.78 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display Statute&Search String=&URL=0700- 0799/0713/Sections/0713.78.html Florida Statute 715.07 http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&Search_String=&URL=0700- 0799/0715/Sections/0715.07.html Work areas for the nuisance abatement services consist of lots/parcels scattered throughout Collier County. Lot sizes vary from less than an 1/8 of an acre to over 2 acres. The nuisance abatement services are divided into 2 categories: • Category 1: Mowing—Mandatory and Non-Mandatory (including bush-hogging) • Category 2: Litter and Debris Removal For both categories, the Contractor shall provide all labor (qualified personnel), material, supplies and equipment to perform required services, including but not limited to, mowing, bush-hogging and litter/trash removal in accordance Page 1 of 5 Exhibit A—Scope of Services OVO Invitation to Bid (ITB) #23-8185 16 A 15 "Nuisance Abatement Mowing and Debris Removal" with the scope of services and general requirements specified herein. For the purposes of the nuisance abatement services, the County intends to divide/assign the two (2) categories of work ` into two zones. The dividing line between the two zones is Golden Gate Blvd,extending from the Gulf of Mexico to the Broward County line. • The North Zone: Areas North of Golden Gate Blvd. including the Immokalee Community. • The South Zone: Areas South of Golden Gate Blvd. and unincorporated areas bordering the City of Naples and Marco Island. The South Zone also includes Copeland, Everglades City and incorporated areas in between. Historically,the County has 50-70 properties that require service at any given time and the frequency is determined by environmental conditions. The quantity and location of services are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during the contract term but does not guarantee any minimum or maximum. Category 1: Mowing A. Mandatory Mowing: Mowing work that addresses a public nuisance condition determined by violations that have occurred three(3)or more times after July 15,2001,on a particular lot or parcel of unimproved property while under the same ownership. Mandatory mowing work includes mowing only. The County maintains an average of 40 mandatory mowing lots each month; however, the number of properties are not guaranteed and is subject to decrease or increase each month.These properties are expected to be mowed every 2-4 weeks or as the County deems necessary. B. Non-mandatory Mowing: Mowing work that addresses violations of any accumulation of weeds, grass or similar non-protected overgrowth is in excess of eighteen (18) inches in height and located on a mow able lot in Collier County. Non-mandatory mowing work includes mowing,edging and blowing.Edging and blowing will be billed as a Category 2 activity, at the litter and debris removal hourly rate. Non-mandatory mowing lots may require additional services to include but not limited to, debris removal, minor tree branch trimming,and hedge trimming.Additional services will be charged per Category 2 pricing, debris removal will be based on a cubic yard rate plus the hourly rate for litter and debris removal. These properties are complaint driven and the number can vary between 5 and 20 properties each month. The number of non-mandatory properties per month are not guaranteed. Category 2: Litter and Debris Removal Litter and debris removal work includes,but is not limited to:clean-up,removal and proper disposal of appliances, motor vehicle parts, grills, tires, scrap metal, construction material, vegetative debris, furniture or any other item large item as defined by the Division. This category also includes fill dirt if ordered. The Litter and Debris Removal includes the price per cubic yard (volume) plus the associated Litter and Debris Removal hourly labor rate. Page 2 of 5 Exhibit A—Scope of Services Od' Invitation to Bid (ITB) #23-8185 16 A I. 5 "Nuisance Abatement Mowing and Debris Removal" General Requirements for all Work: 1. Assignment of Work: Once the primary Contractor is notified of work assignment in the form of an abatement request, they have three (3) days to accept the work assignment. The Abatement request will identify the work location and category of work required. If the County does not receive this acceptance within three (3) days,the secondary Contractor could be afforded the opportunity to accept the work assignment. 2. Abatement Services Site Preparation and Work Technique: The Contractor shall pick up all litter and vegetative debris,and remove it from all areas to be abated,to ensure clean abatement conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to avoid bumping,girdling,and/or causing any other damage to trees, shrubs, plants, fences, and benches. The sites requiring abatement can and will be both public and private property which are under enforcement action taken by the County. Abatement is through authority provided under Ordinance and may be accompanied in some cases by Court Order which may or may not require an escort. 3. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning the nature and location of the work and the general and local conditions, and particularly,but,without limitation, with respect to the following: physical conditions at the worksite and the project area as a whole. The failure of the Contractor to acquaint themselves with any applicable conditions shall not relieve Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the basis for any claim for additional compensation. If upon assessing the initial site conditions the contractor determines that services needed will be for an estimated amount of more than $250.00, the Contractor shall submit a quote for the work to be performed. The quote shall be submitted within 3 days of the abatement request. 4. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the term of this Agreement shall be mowed with twenty-one-inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers.The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. 5. Photograph Requirements: For all work the Contractor will provide before and after photographs to accompany their invoice submittal. All photographs shall be time and date stamped. The before photo showing the violation prior to Contractor abatement, and the after photo showing the site immediately after Contractor abatement. Photos must be in color and submitted in electronic format to the designated County representative within two days of submitting the invoices. Photos are to be taken from same angle and wide view. As the photographs may be used as evidence,the Contractor shall retain originals of said photographs either until payment is received by the County or until such a time as deemed appropriate by any other government authority as required by law. 6. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to complete the jobs, who are familiar with the terms and conditions of the contract and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Agreement. If the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and shall assign a new Supervisor within seven (7) calendar days of the County's notification. All communication, written or oral, shall be solely in the English language. 7. Contractor Equipment The Contractor shall provide all equipment to perform requested services. Page 3 of 5 Od, Exhibit A—Scope of Services Invitation to Bid (ITB) #23-8185 "Nuisance Abatement Mowing and Debris Removal" 1 6 A 15 Equipment should include but not limited to the following: • Riding and push mowers • String trimmers • edger • Sweepers • Tractor w/60" bush hog or greater • Professional/Commercial Grade Riding Mower • Hand pushed mower(s) 2+(at least one to be twenty-one inches+/-) • Weed eater(s) 2+ • Power Blower(s) • Chainsaw • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This could be anything from garbage to appliances, furniture, tires, motor vehicle parts or other large items. • Brooms, rakes, shovels, hand trimmers, whatever may be needed to perform the job skillfully and safely in an efficient and timely manner. • Any other items necessary to accomplish the task. The Contractor shall keep all blades sharpened to provide a smooth, clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written approval has been granted by County representative(s) inwriting. 8. Mowing: The Contractor shall mow at the interval identified in the individual abatement request, unless otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the County's Mandatory Lot Mowing Program which may require mowing during certain periods. The typical mowing schedule for the Mandatory Lot Mowing Program is listed below. • May 1st through October 31st, biweekly during heavy growth • November 1st through April 30`h monthly mowing Unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditions for the Contractor. For any lot that requires a double cut due to access height,the Contractor shall notify the County in advance of performing the service. If required,the double cut may be billed at two times (2x)the established rate. 9. Scheduling Services, The Contractor shall have seven (7) calendar days from the date of Approval to Commence to complete work related to the abatement, unless otherwise directed in writing, or unless specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure the safety of all citizens and animals on and around subject property during abatement operations. 10. Site Work Hours;,Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Sunday, unless preempted by scheduled activities. 11. Invoicing: The Contractor shall complete and submit with the invoice for payment, before and after photos - date and time stamped. Photos are to be taken from same angle and wide view. The Contractor will also be required to conduct on- site inspections with Code Enforcement or County's Representative on an as needed Page4of5 Od° Exhibit A—Scope of Services Invitation to Bid (ITB) #23-8185 16 A 15 "Nuisance Abatement Mowing and Debris Removal" basis to verify satisfactory completion of Contract requirements. 12. Property Owner Complaint Process The Contractor shall contact the County's Project Manager with any property owner complaints at (239) 252-2440. If complaints are in regard to work performed and if directed by the Project Manager, the Contractor shall address all complaints within five (5) working days of notification of knowledge of the incident. If complaints are due to damages caused by the Contractor and the damages are not responded to or not resolved to the reasonable satisfaction of the County, the County shall deduct the value of damages from the Contractor's invoice. The County is to receive copies of all complaints received (in writing) from the owner and, if applicable, have a record of their disposition/resolution. 13. Specifications • Mowing: Mowing shall include all specified areas of the properties that are not currently maintained by the property owners, or as indicated on the Code Enforcement request. The Contractor will be asked to make a site visit and confirm the property size and frequency with the assigned Code Enforcement Investigator. Grass shall be cut at a height no less than three inches(3").The frequency of cutting will be determined by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to palm fronds, leaves,branches,etc.) shall be mulched or removed by the Contractor. • Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility service boxes, street light bases, signposts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, signposts,manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed.No herbicide shall be used for edging. • Blowing: All sidewalks, curbing and/or gutters including a four-foot(4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean.No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. • Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned by removing all trash and debris to include, but not be limited to paper, bottles, cans, other trash, and horticultural debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees,tipping fees or charges are to be included in the base cost of these services. Page 5 of 5 0yO Exhibit A—Scope of Services 16R1F Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] 0d0 I6A15 Invitation to Bid(ITB)23-8185 "Nuisance Abatement Mowing and Debris Removal" EXHIBIT B FEE SCHEDULE COLLIER PROPERTY SPECIALISTS,LLC PRIMARY PRIMARY NORTH ZONE SOUTH ZONE CATEGORY I:MOWING UNIT OF MEASURE (Includes Immokalee) (Includes Port of the Isles, ITEM No. Mandator and Non-Mandatory)y Goodland&Copeland) 1 Up to and including twenty-four(24)inches high for lots Per lot/Parcel $80.00 $80.00 up to one-half(.5)acres. 2 Up to and including twenty-four(24)inches high for lots Per lot/Parcel $85.00 $85.00 one-half(.5)to one(1)acre 3 Up to and including twenty-four(24)inches high for lots Per lot/Parcel $85.00 $85.00 one(1)to two(2)acres 4 Up to and including twenty-four(24)inches high for lots Per Acre $85.00 $85.00 greater than two(2)acres) 5 Twenty-four(24)inches high and including thirty-six(36) Per lot/Parcel $90.00 $90.00 inches high for lots up to one-half(.5)acres 6 Twenty-four(24)inches high and including thirty-six(36) Per lot/Parcel $90.00 $90.00 inches high for lots one-half(.5)to one(1)acre Twenty-four(24)inches high and including thirty-six(36)7 Per lot/Parcel $90.00 $90.00 inches high for lots one(1)to two(2)acres 8 Twenty-four(24)inches high and including thirty-six(36) Per Acre $90.00 $90.00 inches high for lots greater than two(2)acres) 9 Over thirty-six(36)inches high for lots Per lot/Parcel $100.00 $100.00 up to one-half(.5)acre Over thirty-six(36)inches high for lots Per Acre $100.00 $100.00 10 one-half(.5)to one(1)acre Over thirty-six(36)inches high for lots Per lot/Parcel $100.00 $100.00 11 greater than one(1)acre NORTH ZONE SOUTH ZONE ITEM No. Category 2:LITTER AND DEBRIS REMOVAL Unit Measure (Includes Immokalee) (Includes Port of the Isles, Goodland&Copeland) Litter and Debris Removal-Volume 12 (Litter and debris removal is inclusive of all disposal fees) Cubic Yard $110.00 $110.00 13 Fill Dirt (inclusive of hauling and placement) Cubic Yard $25.00 $25.00 14 Hourly Labor rate associated with additional services. Hourly $45.00 $45.00 Prices shall remain firm for the initial term of this Agreement ON.) 16A15 Other Exhibit/Attachment Description: n following this page (pages through ) INI this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] Oti) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP �,,L `E/� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO R I kt 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU y ,• 9 �y02A. Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Cs 4-A"fto'n 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 Risk Management 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 -6e 4/2. /24 2. County Attorney's Office County Attorney Office I 5/1t Y/ii/Y 4. BCC Office Board of County Commissioners CH A,A/s/ Lit 0Y 4. Minutes and Records Clerk of Court's Office 1/4 .CA4-- 4 d5/-)5 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 Francheska Correa/Procurement Contact Information 239-252-6020 Contact/Department Agenda Date Item was 04/23/2024 Agenda Item Number 16. A.15b Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8185 Earth Shapes, number if document is EarthShapes, LLC LLC to be recorded 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 FC 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 FC 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 FC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 04/23/2024 and all changes made during N/A is not 5 the meeting have been incorporated in the attached document. The County - /44 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 i N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 9k jM b an option for Chairman's signature. this line. 16 A15 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 23-8185 for Nuisance Abatement Mowing and Debris Removal THIS AGREEMENT, made and entered into on this a3 day of f n l 20 24 by and between Earth Shapes LLC authorized to do business in the State of Florida, whose business address is 5781 Lee Blvd., Suite 208-245, Lehigh Acres, FL 33971 _, (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 IUD upon the date of Board approval; er I in and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a • Purchase Order ❑ 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I I ■ Invitation to Bid (ITB) Other ( ) # 23-8185 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. AI The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] f1,0v7 16 A15 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3:3 ❑ The-procedure-fer ebteirt+ng-Werl4-under this-Agreement is out-lined-in ❑ Other Exhibit/Attachment: 3.4( The-Gettnty-r-eserves-the-Fight-te-epeeify-in-each-Reguest feF-Quetations-the-period of-completion-;eolleetien-ef-liquidated-damages-ir+-the-ever ef-[ate-eempletion;-and-the Pr--iee-Methodology-selected-in-44. 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): ❑ Lump-Sur-(-Eixed-Price-): A firm-fixed-total-price-effering-for--a-project;the--risks-ar-e transfer-Fed-km the County-te-the-eentraeteri and;ae-a-bt sine&G praetiee--there-e-re-rye hourly—er—rya-ter-ill—inveiees—presented;—rather#he--sentreeter—mi st—perform—te—the satiefastien-ef-tire-Getinty's-prejeGt-Ma-eager-be#ere-payment-fen-the fixed-price-oontroet 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). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] CAO 16A15 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 I I (check if app a eEmbu sable € Trn„e�l a+ uses: ���„d • Mileage $4A4 5-per-mile Breakfast L $41-OO AlFfafe class fare Rental car standard size vehicles • long distance charges, fax charges, photocopying charges and postage. Reimbursable 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] OoO 1 . A15 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: Earth Shapes LLC Address: 13420 Parker Commons Blvd. Suite 106A Fort Myers, Florida 33912 Authorized Agent: Justin A. Begeman, Owner Attention Name & Title: Telephone: (239) 310-1185 E-Mail(s): JBegeman@earthshapesllc.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: Thomas landimarino Division Name: Code Enforcement Division Address: 2800 Horseshoe Drive N Naples, FL 34104 Administrative Agent/PM: Colleen Karlen, Manager Telephone: (239) 252-2975 E-Mail(s): Colleen.Karlen@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4of17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] OVO 16A15 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. !MI Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] OvO 6A15 D, n P-rofess+ this insurance. Such insurance shall have limits of not less than $ each I I ---per-clam- Fs: I I : ev-er-age i G verage shall have minimum limits of$ per claim. id, I I -:--Coverage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] Ob7 16A15 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 Code Enforcement 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, I I R F / [■1 ITB/ Other ..— #23-8185 , including Exhibits, Attachments and Addenda/Addendum, subsequent quot-esT-andd Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7of17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] Odo 16A15 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: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD 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(a7colliercountyfl,gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Page 8 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] OVO 16A15 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. ❑■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project Page 9 of 17 Fixed Term Service Multi-Contractor Agreement [2023 ver.2] d0 16 A15 site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. n WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. I■I TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. I■I 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 Page 10 of 17 Fixed Term Service Multi-Contractor Agreement [2023 ver.2] — Od° 16 A15 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. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2]0Od0 16 A15 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. n . this project shall be knowledg able in their areas of expertise. The County reserves the right to perform investigate • and/or experience. (2) that the County is n personnel, IMI 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. • ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. II • precedence over the Agreement. To the extent any conflict in the terms of the Contract 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.2] 0,40 16 A15 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(x colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 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 Page 13 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] OVO 16A15 shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER CO TY, FLORIDA Court and Comptroller a.; By. hairmans By: • �"�y f signature only Chri all , Chairman Dated: 1 J-5 (SEAL) Contractor's Witnesses: Earth Shapes LLC Contractor DBA Se By: Contractor's First Witne ignature ��Z, Justin Begeman G�Gi�M S>2 TType/print signature and titleT TT • t 'tness name Contrac or's econ Witness V\eklcQO•Kccroc TType/print witness dam Approve a: t' • :rid Legality: L1f_ Court Attorney mil. 12 P ' tN ;me Page 14 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] OVO 16 A15 Exhibit A Scope of Services ❑■ following this page (pages 1 through 5 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement [2023_ver.2] 16 A15 Invitation to Bid (ITB) #23-8185 "Nuisance Abatement Mowing and Debris Removal" EXHIBIT A SCOPE OF SERVICES BACKGROUND Collier County Code Enforcement Division oversees the enforcement of nuisance abatement mowing and litter/debris removal in accordance with the Collier County Land Development Code,Collier County Code of Laws and ordinances, Chapter 54, Article VI, Litter, Weed, and Exotic control Ordinance and Florida Statutes 713.78 and 715.07. When a property owner fails to maintain their property in accordance with the aforementioned rules and after legal notice and due process requirements, Collier County Code Enforcement uses a contracted vendor to remedy/abate the mowing and litter/debris (nuisance)violation(s). This Agreement is for nuisance abatement mowing and litter/debris removal services for properties located throughout Collier County. DETAILED SCOPE OF WORK The Contractor(s) shall provide the following nuisance abatement services which includes, but are not limited to: mowing, bush-hogging and litter/debris removal in accordance with the Collier County Land Development Code, Collier County Code of Laws and ordinances, Chapter 54, Article VI,Litter, Weed, and Exotic control Ordinance and Florida Statutes 713.78 and 715.07. Collier County Land Development Code Link: Land Development Code I Collier County, FL I Municode Library Collier County Code of Laws and ordinances Chapter 54, Article VI, Litter , Weed and Exotic Control Ordinance https://library.municode.com/fl/collier_county/codes/code of ordinances?nodeId=PTICO_CH54EN_ARTVILIWE EXCO Florida Statute 713.78 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Displav_Statute&Search String=&URL=0700- 0799/0713/Sections/0713.78.html Florida Statute 715.07 http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&Search_String=&URL=0700- 0799/0715/Sections/0715.07.html Work areas for the nuisance abatement services consist of lots/parcels scattered throughout Collier County. Lot sizes vary from less than an 1/8 of an acre to over 2 acres. The nuisance abatement services are divided into 2 categories: • Category 1: Mowing—Mandatory and Non-Mandatory (including bush-hogging) • Category 2: Litter and Debris Removal For both categories, the Contractor shall provide all labor (qualified personnel), material, supplies and equipment to perform required services, including but not limited to, mowing, bush-hogging and litter/trash removal in accordance Page 1 of 5 Exhibit A— Scope of Services �d0 Invitation to Bid (ITB) #23-8185 1 6 A 1 5 "Nuisance Abatement Mowing and Debris Removal" with the scope of services and general requirements specified herein. For the purposes of the nuisance abatement services, the County intends to divide/assign the two (2) categories of work into two zones. The dividing line between the two zones is Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. • The North Zone: Areas North of Golden Gate Blvd. including the Immokalee Community. • The South Zone: Areas South of Golden Gate Blvd.and unincorporated areas bordering the City of Naples and Marco Island. The South Zone also includes Copeland, Everglades City and incorporated areas in between. Historically,the County has 50-70 properties that require service at any given time and the frequency is determined by environmental conditions. The quantity and location of services are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during the contract term but does not guarantee any minimum or maximum. Category 1: Mowing A. Mandatory Mowing: Mowing work that addresses a public nuisance condition determined by violations that have occurred three(3)or more times after July 15,2001,on a particular lot or parcel of unimproved property while under the same ownership. Mandatory mowing work includes mowing only. The County maintains an average of 40 mandatory mowing lots each month; however, the number of properties are not guaranteed and is subject to decrease or increase each month.These properties are expected to be mowed every 2-4 weeks or as the County deems necessary. B. Non-mandatory Mowing: Mowing work that addresses violations of any accumulation of weeds, grass or similar non-protected overgrowth is in excess of eighteen(18) inches in height and located on a mow able lot in Collier County. Non-mandatory mowing work includes mowing,edging and blowing.Edging and blowing will be billed as a Category 2 activity, at the litter and debris removal hourly rate. Non-mandatory mowing lots may require additional services to include but not limited to, debris removal, minor tree branch trimming,and hedge trimming. Additional services will be charged per Category 2 pricing, debris removal will be based on a cubic yard rate plus the hourly rate for litter and debris removal. These properties are complaint driven and the number can vary between 5 and 20 properties each month. The number of non-mandatory properties per month are not guaranteed. Category 2: Litter and Debris Removal Litter and debris removal work includes,but is not limited to:clean-up,removal and proper disposal of appliances, motor vehicle parts, grills, tires, scrap metal, construction material, vegetative debris, furniture or any other item large item as defined by the Division. This category also includes fill dirt if ordered. The Litter and Debris Removal includes the price per cubic yard (volume)plus the associated Litter and Debris Removal hourly labor rate. Page 2 of 5 Exhibit A—Scope of Services -4° 0 Invitation to Bid (ITB) #23-8185 16 A 15 "Nuisance Abatement Mowing and Debris Removal" General Requirements for all Work: 1. Assignment of Work: Once the primary Contractor is notified of work assignment in the form of an abatement request, they have three (3) days to accept the work assignment. The Abatement request will identify the work location and category of work required. If the County does not receive this acceptance within three (3) days,the secondary Contractor could be afforded the opportunity to accept the work assignment. 2. Abatement Services Site Preparation and Work Technique: The Contractor shall pick up all litter and vegetative debris,and remove it from all areas to be abated,to ensure clean abatement conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to avoid bumping,girdling,and/or causing any other damage to trees, shrubs, plants, fences, and benches. The sites requiring abatement can and will be both public and private property which are under enforcement action taken by the County. Abatement is through authority provided under Ordinance and may be accompanied in some cases by Court Order which may or may not require an escort. 3. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning the nature and location of the work and the general and local conditions, and particularly,but, without limitation, with respect to the following: physical conditions at the worksite and the project area as a whole. The failure of the Contractor to acquaint themselves with any applicable conditions shall not relieve Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the basis for any claim for additional compensation. If upon assessing the initial site conditions the contractor determines that services needed will be for an estimated amount of more than $250.00, the Contractor shall submit a quote for the work to be performed. The quote shall be submitted within 3 days of the abatement request. 4. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the term of this Agreement shall be mowed with twenty-one-inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers.The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. 5. Photograph Requirements: For all work the Contractor will provide before and after photographs to accompany their invoice submittal. All photographs shall be time and date stamped. The before photo showing the violation prior to Contractor abatement, and the after photo showing the site immediately after Contractor abatement. Photos must be in color and submitted in electronic format to the designated County representative within two days of submitting the invoices. Photos are to be taken from same angle and wide view. As the photographs may be used as evidence, the Contractor shall retain originals of said photographs either until payment is received by the County or until such a time as deemed appropriate by any other government authority as required by law. 6. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to complete the jobs, who are familiar with the terms and conditions of the contract and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Agreement. If the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and shall assign a new Supervisor within seven (7) calendar days of the County's notification. All communication, written or oral, shall be solely in the English language. 7. Contractor Equipment; The Contractor shall provide all equipment to perform requested services. Page 3 of 5 Exhibit A—Scope of Services Invitation to Bid (ITB) #23-8185 i 6 A 1 "Nuisance Abatement Mowing and Debris Removal" Equipment should include but not limited to the following: • Riding and push mowers • String trimmers • edger • Sweepers • Tractor w/60" bush hog or greater • Professional/Commercial Grade Riding Mower • Hand pushed mower(s) 2+(at least one to be twenty-one inches+/-) • Weed eater(s) 2+ • Power Blower(s) • Chainsaw • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This could be anything from garbage to appliances, furniture, tires, motor vehicle parts or other large items. • Brooms, rakes, shovels, hand trimmers, whatever may be needed to perform the job skillfully and safely in an efficient and timely manner. • Any other items necessary to accomplish the task. The Contractor shall keep all blades sharpened to provide a smooth, clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written approval has been granted by County representative(s) in writing. 8. Mowing: The Contractor shall mow at the interval identified in the individual abatement request, unless otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the County's Mandatory Lot Mowing Program which may require mowing during certain periods. The typical mowing schedule for the Mandatory Lot Mowing Program is listed below. • May 1st through October 31st, biweekly during heavy growth • November 1st through April 30`h monthly mowing Unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditions for the Contractor. For any lot that requires a double cut due to access height, the Contractor shall notify the County in advance of performing the service. If required, the double cut may be billed at two times (2x)the established rate. 9. Scheduling Services: The Contractor shall have seven (7) calendar days from the date of Approval to Commence to complete work related to the abatement, unless otherwise directed in writing, or unless specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure the safety of all citizens and animals on and around subject property during abatement operations. 10. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Sunday, unless preempted by scheduled activities. 11. Invoicing: The Contractor shall complete and submit with the invoice for payment, before and after photos- date and time stamped. Photos are to be taken from same angle and wide view. The Contractor will also be required to conduct on- site inspections with Code Enforcement or County's Representative on an as needed Page 4 of 5 Exhibit A—Scope of Services a(3 0 Invitation to Bid (ITB) #23-8185 1 6 A 15 "Nuisance Abatement Mowing and Debris Removal" basis to verify satisfactory completion of Contract requirements. 12. Property Owner Complaint Process: The Contractor shall contact the County's Project Manager with any property owner complaints at (239) 252-2440. If complaints are in regard to work performed and if directed by the Project Manager, the Contractor shall address all complaints within five (5) working days of notification of knowledge of the incident. If complaints are due to damages caused by the Contractor and the damages are not responded to or not resolved to the reasonable satisfaction of the County, the County shall deduct the value of damages from the Contractor's invoice. The County is to receive copies of all complaints received (in writing) from the owner and, if applicable, have a record of their disposition/resolution. 13. Specifications • Mowing: Mowing shall include all specified areas of the properties that are not currently maintained by the property owners, or as indicated on the Code Enforcement request. The Contractor will be asked to make a site visit and confirm the property size and frequency with the assigned Code Enforcement Investigator. Grass shall be cut at a height no less than three inches(3").The frequency of cutting will be determined by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to palm fronds, leaves,branches,etc.) shall be mulched or removed by the Contractor. • Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility service boxes, street light bases, signposts, headwalls, guardrails,timer pedestals,posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, signposts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed.No herbicide shall be used for edging. • Blowing: All sidewalks, curbing and/or gutters including a four-foot(4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean.No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. • Trash and Vegetative Debris Removal: With each`service, all site areas shall be cleaned by removing all trash and debris to include, but not be limited to paper, bottles, cans, other trash, and horticultural debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping fees or charges are to be included in the base cost of these services. Page 5 of 5 Exhibit A—Scope of Services 16A15 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement [2023 ver.2] 4 Oa 16 A 15 Invitation to Bid(ITB)23-8185 "Nuisance Abatement Mowing and Debris Removal" EXHIBIT B FEE SCHEDULE EARTH SHAPES LLC SECONDARY SECONDARY CATEGORY I:MOWING NORTH ZONE SOUTH ZONE ITEM No. UNIT OF MEASURE (Includes Immokalee (Mandatory and Non-Mandatory) ) (Includes Port of the Isles, Goodland&Copeland) 1 Up to and including twenty-four(24)inches high for lots us to one-half(.5)acres. Per lot/Parcel $80.00 $80.00 2 Up to and including twenty-four(24)inches high for lots one-half(.5)to one(1)acre Per lot/Parcel $100.00 $100.00 3 Up to and including twenty-four(24)inches high for lots one(1)to two(2)acres Per lot/Parcel $120.00 $120.00 4 Up to and including twenty-four(24)inches high for lots greater than two(2)acres) Per Acre $60.00 $60.00 5 Twenty-four(24)inches high and including thirty-six(36) inches hi:h for lots us to one-half(.5)acres Per lot/Parcel $90.00 $90.00 6 Twenty-four(24)inches high and including thirty-six(36) inches high for lots one-half(.5)to one(1)acre Per lot/Parcel $110.00 $110.00 7 Twenty-four(24)inches high and including thirty-six(36) inches high for lots one(1)to two(2)acres Per lot/Parcel $130.00 $130.00 8 Twenty-four(24)inches high and including thirty-six(36) inches high for lots greater than two(2)acres) Per Acre $70.00 $70.00 9 Over thirty-six(36)inches high for lots up to one-half(.5)acre Per lot/Parcel $100.00 $100.00 10 Over thirty-six(36)inches high for lots one-half(.5)to one(1)acre Per Acre $120.00 $120.00 11 Over thirty-six(36)inches high for lots greater than one(1)acre Per lot/Parcel $80.00 $80.00 NORTH ZONE SOUTH ZONE ITEM No. Category 2:LITTER AND DEBRIS REMOVAL Unit Measure (Includes Immokalee) (Includes Port of the Isles, Goodland&Copeland) Litter and Debris Removal-Volume 12 (Litter and debris removal is inclusive of all disposal fees) Cubic Yard $100.00 $100.00 13 Fill Dirt (inclusive of hauling and placement) Cubic Yard $60.00 $60.00 14 Hourly Labor rate associated with additional services. Hourly $50.00 $50.00 Prices shall remain firm for the initial term of this Agreement 16A15 Other Exhibit/Attachment Description: following this page (pages through ) III this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement [1023 ver.2] _ 011