#23-8185 (Earth Shapes, LLC) 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 Ipn 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 Il■J upon the date of Board approval; or I I 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 ❑ .
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of ❑ Request for Proposal (RFP) IL 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.
I] The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
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3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
3.2 IUI The procedure for obtaining Work under this Agreement is outlined in Exhibit A -
Scope of Services attached hereto.
373 n The-procedure-#or-obtaining-Wer under-this AgFeernent-is-outlined-in ❑ Other
Exhibit/Attachment: -.--. —
374 The-Gounty-reserves-the-right-to speeify-in-each-Request for-Quotations-the-period
of-completion;eellection-ef-liquidated-damages-in-the-even#-of-late-completions and-the
P-rice-Methodology-selected-in-4-A,
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--Surn (-Fixed-Knee-)---A-firm fixed-totat price-offering-for-a--project;the--risks-are
traoeferred-4r-ora-thc Couety-te-the-eer+traeter;-ad,as a-business-praetiee-#here-are-no
hourly-er-mater-sal-invoices-presented--Father;--the--santraeter-FnuSt-perform-te-the
satisfystien-of-the-Geunty's-pFeject-r aaager-before-payment-for-the4ixed-p rise-so ntradt
is-authorized-
(� 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.
ICI Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
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4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "lashes"
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:� 1 I (check if applicable) Travel and Reimbursable- Expenses: and
•
Mileage $8:44:-5-pe ile
Breakfast $6-00
$-14: O
Aiffere
13ie
class faro
Rental car Actual rental cost limited to compact or
standard size vehicles
Ledging
Actual cost of parking
Actual cost of either taxi or airport limousine
•
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.
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6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: 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.
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9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be the sole judge of
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. n Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. Ill Business Auto Liability: Coverage shall have minimum limits of$ 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. ICI Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. The coverage must
include Employers' Liability with a minimum limit of$ 1,000,000 for each accident.
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this insurance. Such insurance shall have limits of not less than $ each
-GGverage
-Cover-age
shall have minimum limits of$ per claim.
H-. ❑ :-O®verage
shall have minimum limits of$ per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
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Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the 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), I■[ Exhibit A Scope of Services,
Exhibit B Fee Schedule, REP/ [I ITB/ Other
#23-8185 , including Exhibits, Attachments and Addenda/Addendum, I I subsequent
gietes;--aaoid I [ 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,
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including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation,
workers' compensation, equal employment and safety including, but not limited to, the
Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law
Chapter 119, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
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{cY)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
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Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from
the public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or a Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23. ❑■ 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
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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. It 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. 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
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to replace such loss or damage shall be deducted from any amounts due to
Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
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33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. I EL---The-Contra '
this project shall be knowledg able-in their areas of expertise. The County reserves the
•
seven (7)days of the change. The County retains fi
peFseRnel-
I■I AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. 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.
among the terms of any of the Contract Documents and/or the County's Board approved
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
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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(c�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. 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]
o`dO
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
y hainnan's By:
re, E ', .. signature onlyChri all , Chairman
Dated: 'tJ-5 ,Z
(SEAL)
.. •
7 • .,, ,1 •.• C tt.
Contractor's Witnesses: Earth Shapes LLC
Contractor
DBA
Se By:
Contractor's First Witne s ignature
7S:CL4C6z,r:=At-mTT r� tiS Justin Beg
S� ype/print signature and titleT
TT • t •tness nameT
Contrac or's econ Witness
V\671Q.O•
TType/print witness�damr
Approve; a: t, • .nd Legality:
LtYLCourtAttorney
P tN ;me
Page 14 of 17
Fixed Term Service Multi-Contractor Agreement
[2023_ver.2]
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]
�.f
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 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?nodeld=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 ado
Invitation to Bid (ITB) #23-8185
"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 0
-4°
Invitation to Bid (ITB) #23-8185
"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 0
Invitation to Bid (ITB) #23-8185
"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) 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 1 St 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
Exhibit A—Scope of Services
Invitation to Bid (ITB) #23-8185
"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 pa )
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
0
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
up 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 high for lots up 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
Twenty-four(24)inches high and including thirty-six(36)
7
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
C)
Other Exhibit/Attachment
Description:
I following this page (pages through )
this exhibit is not applicable
Page 17 of 17
Fixed Term Service Multi-Contractor Agreement
[2023 ver.2]
_ Cf)2