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Backup Documents 08/27/2024 Item #16B 5 16B 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP RECEIVED TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUREAUG 2 7 2024 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Coun'Mia Office no later than Monday preceding the Board meeting. ge111ef1t **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management .S 0 N z 7/21 2. County Attorney Office County Attorney Office d(4?/a(7 4. BCC Office Board of County Commissioners (,N Ly 11131s( Z(l2 ( 4. Minutes and Records Clerk of Court's Office O.'c 30411 4/1 Sid/0 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 Deidra De La Cruz/Procurement Contact Information 239-252-8407 Contact/Department Agenda Date Item was August 27,2024 Agenda Item Number 16.B.5 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 24-8244 United Rentals number if document is United Rentals (North America), to be recorded (North America), LLC LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be DD 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 DD 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 DD 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 May 28,2024 and all changes made qq N/A is not during the meeting have been incorporated in the attached document. The County ` .A/►i7 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 (\/)". an option for Chairman's signature. this line. 16B 5 MEMORANDUM Date: August 30, 2024 To: Deidra De La Cruz, Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #24-8244 "Purchases and Rentals of Portable Ground Level Office Containers" Contractor: United Rentals (North America), Inc. Attached for your records is an original of the referenced document above, (Item #16B5) adopted by the Board of County Commissioners on Tuesday, August 27, 2024. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16B 5 FIXED TERM SERVICE AGREEMENT # 24-8244 for Purchases and Rentals of Portable Ground Level Office Containers THIS AGREEMENT, made and entered into on this 4:7 day of lAt-,30�-4-- 2024 , by and between United Rentals (North America), Inc. authorized to do business in the State of Florida, whose business address is 100 First Stamford Place, Suite 700, Stamford, CT 06902 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESS ETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing 11111 upon the date of Board approval; or n 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 Agreejnent 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 ❑Noticc to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Rcqucst for Proposal (RFP) • Invitation to Bid (ITB) Other ( )# 24-8244 , 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 Agreement [2024 ver.3] GAO 16B 5 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. 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 transferred from the County to the contractor; and, as a business practice there arc no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract +s authorized. I Time-and-Materials: The..County agrees to pay-the-contractor"fo the amount-of-labor time-spent-by-the contractor's. and subcontractors perform the work( umber tll I IV J'r./lil r[1Jy LI'IG employees and subcontractors CAVLVI J to.perform l�l the VVvI n'\I luf(I AJV 1 of hours times hourly rote\ and for materials anrd equipment used in-the-project--(cost of V1 IIVGIJ LIIIIL..J IIVL]1ly IULV/, and IL/I materials u11C.1 L.L.ILIIVI 11L.1 IL LAJGLI III LIIC. LIIL/JL.VL VL.A10L C)1 materials plus the.contractor's markup). This methodology ice generally used irs projects in materials 1u1(4 I./IUJ LII\, contractor's UVLVI J711u1 ILu L/J. 1111J methodology IVL.IVILI y lJ generally aIJL.LA III I,/I VJL..L,LJ III which i i .nn} naJJible to accurately estimate the size of+h e project or when-it is expected that the-project-ren i lire n4 n}. n most. likely change. I/LJ a.general business-practice, the0erVn+rac+O inVLIIde back LAn documentation-of coJtJ.• invoices (VtulU include-number r of, hnurc worked- .and _ killing rate _ by position Innrd company -(or- cu.henn+rae+nr\of IIVu1J VA C/I lrvu 1A11u_ IJ -IL,. 1u1A. by ,position .\uI ILA L.L./IIII./ul ly \vl JL)LJVVI I[r LAVtCII/ timekeeping,or.payroll records), material or equipment invoices, and other reimbursable documentation for the-project. . Ill 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). 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. Page 2 of 17 Fixed Term Service Agreement CAO [2024_ver.3] 1 6 B 5 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 (check applicable) Travel and R&imbursaab a Expenses: TraUvel, and (check if applicable) ?rave!u�a� and _...w�rc.�w�...r. Reimbursable Expenses must be approved in advance in writing by the County. Travel e s shall be-reimbursed-as-pet--Sectio '��— 2 36-1—Fz,. ohs Mileage $0.44.5 per mile Breakfast $6.00 Lunch $4-1-e0 Dinner $10.00 Airfare Actual ticket st limited t to ist or coach clase fare IMLAI LI VI\VL Rental car vehicles Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be resryoffsible•-ferAla-other costs-a„d-expepses-aszociated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 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: United Rentals (North America), Inc. Address: 100 First Stamford Place, Suite 700 Stamford, CT 06902 Authorized Agent: Joli Gross, Secretary Attention Name & Title: Telephone: 877-874-4468 E-Mail(s): govrents@ur.com Page 3 of 17 Fixed Term Service Agreement [2024 ver.3] CAO 16B 5 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 Name: Road Maintenance Division Director: Marshal Miller Address: 4800 Davis Blvd Naples, FL 34104 Administrative Agent/PM: Melissa Pearson Telephone: 239-252-5591 E-Mail(s): melissa.pearson©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. 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 Page 4 of 17 Fixed Term Service Agreement [2024_ver.3] CAO 1 6 B 5 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 sole judge of the 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■I 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$ 500,000 for each accident. D- I I Professional Liabilityj Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of profesfional services under this, Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not leas, than $ _ each claim and aggregate. fiber Liability: Coverage shall have minimum limits of $ per claim. Page 5 of 17 Fixed Term Service Agreement - [2024_ver.3] (;AO 16B 5 F. : Coverage shall have minimum limits of$ per claim. G ❑ : Coverage Ghat! have minimum limits of$ per claim/Occurrence. # : Coverage shall have minimum limits of$ per claim/Occurrence. 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 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. Page 6of17 Fixed Term Service Agreement [2024_ver.3] Gp,OI` 16B 5 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 Transportation Management Services . 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■I Exhibit A Scope of Services, Exhibit B Fee Schedule, I f RFP/ ■ ITB/❑ Othcr #24-8244 , including Exhibits, Attachments and Addenda/Addendum, I I subsequent quotes, Othcr Exhibit/Attachmcnt: end 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, 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 Page 7 of 17 Fixed Term Service Agreement [2024_ver.3] CAp 16B 5 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 Statute, §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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(@,colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 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 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 Page 8 of 17 Fixed Term Service Agreement [2024_ver.3] CAO ) i69 5 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 Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. n 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 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. Page 9 of 17 Fixed Term Service Agreement [2024_ver.3] CAO 16B 5 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. ❑ TESTS AND INSPECTIONS. If the Contract Documents or any codes, Iowa, 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. Alt inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. n 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 to replace such loss or damage shall be deducted from any amounts due 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. Page 10 of 17 Fixed Term Service Agreement [2024_ver.3] CAO 16B 5 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. 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 PERSONNEL. The Contractor's personnel and management to be utilized for 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 persons will be utilized in the performance of the Agreement. The Contractor shall assign Page 11 of 17 Fixed Term Service Agreement [2024 ver.3] CA,_. 16B 5 assigned shall be available for an amount of timc adequate to meet the required service met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. seven (7) days of the change. The County retains final approval of proposed replacement 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. IN 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. ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or Executive.Summaryr the terms „f the AAgfeeFFIeRt steal take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly 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 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 Page 12 of 17 Fixed Term Service Agreement [2024_ver.3] GAO 168 5 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(cr�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 shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement [2024_ver.3] CAC J e 16B 5 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 Con- Wv(3%f • r IlikkAiki( .1;t41 y k , 'A By: I' ''! 1 p Chris I hairman Dated 11, .4 V -s as to,fiharfn2I signature only United Rentals (North America), Inc. Contractor's Witnesses: Contractor B : � -- — Y - Contractor's First Witness ture Jolt t=.-Gross G, __ c„ "/ TType/Piiiii9lgivii-Pmil?faktitT TType/print witness pa T Corporate Secretary C ntractor's Secon Witness 46.11 4 R 1 TType/print witness name rove as r and Legality: County Attorney not ame Page 14 of 17 z,to Fixed Term Service Agreement [2024_ver.3] 16B 5 Exhibit A Scope of Services ■ following this page (containing 3 pages) i I this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement [2024_ver.3] 1 ,6B 5 EXHIBIT A—SCOPE OF SERVICES AGREEMENT#24-8244 The availability of portable office containers for the Road,Bridge,and Stormwater Division to purchase new portable steel container ground-level offices [GLO] or rent new or used units in good condition. The container offices must have ground-level openings for forklifts to move them to other locations. 1. Category A.New Purchase: 8'W x 20'L x 8'6" H,Steel Cargo Container-Ground Level Office(GLO): New portable corrugated steel cargo container ground-level offices shall be water and wind weatherproof,and fully assembled with insulation,electrical(wall outlets,lighting,HVAC,exterior electrical box)and air conditioning for cooling and heating.The GLO must also have a personnel entry door and dual cargo doors with locking mechanisms,windows and interior finishes such as overhead lighting,and finished walls,ceilings, and floors.There are no furnishings to be included. 14 20' ►I $2"N z MI"11 . r Ti L Window Electrical 5A 48"'Aide floor ` Boa Note:Data ports,light switches,outlets,phone and data Jacks. t:arg++I),w+r> ��' largo boots 48,E LED Ceiling Light 48"LED Ceiling Light — 8' 8 feet As ids•total — H Air Conditioner _ - ""-"` """" 1 V with sccurits with locking mtchanisn}�' k A i 1 j t 1 48"wide door t Window' Window — C bars _ L- ,. — -- l' 32'w a 30-li xy Window e2"w'S WV Stcurlte% Iltrr Door Light \,lo-olM'N SPECIFICATIONS 1. Category A.New Purchase: 8'W x 20'L x 8'6" H,Steel Cargo Container-Ground Level Office(GLO) 1.1. 8-feet wide x 20 feet long portable ground level office container. 1.2. Corrugated,marine-grade,corrosion-resistant steel frame construction. 1.3. Built to withstand 150 mph winds. 1.4. Exterior dark gray paint(refer to photo images). 1.5. Ground mount with forklift pockets to transport the offices. 1.6. 120/240 volt,60 amp,single phase,3-wire,60 HZ electrical service,disconnect,and data pass-through. 1.7. (4) 15 Amp 120-Volt duplex receptacles. 1.8. Integrated data ports and outlets. (3)phone jacks and(3)data jacks. 1.9. (3)double pane opening windows with insect screens,(2)windows on each side of the entry door,and (1)in the back,recommended minimum size 32"wide x 30"high. 1.10. Recommended Insulation:Ceiling(R-35),Walls(R-25),and Beneath Floors(R-15). 1.11. Air conditioner with cooling and heating unit, 10K through 15K BTUs,wind and watertight through wall sleeve with interior finished moldings around the sleeve,and exterior security bars. 1.12. 36"w x 80"high steel commercial-grade entry door with a window with a top-mounted hydraulic door closer,locking lever handle,deadbolt,and(2)key sets. 1.13. (2)4-foot wide steel cargo doors with interior and exterior locking mechanisms(dual doors total 8 feet wide). 1.14. (2)standard 48"LED interior light fixtures are mounted to the ceiling. 1.15. (1)exterior security light is mounted adjacent to the left of the entry door. 1 ICAO � 6B 5 - � 1.16. Interior finished white walls and ceilings(i.e.,drywall,painted wood walls,or High-Density Poly Ethylene(HDPE)wall coverings). 1.17. Interior finished durable flooring with vinyl wall base(i.e.,epoxy-coated wood flooring,painted or coated marine grade plywood,or other flooring for a finished look). 1.18. Steel container fabrication build warranty is one year from the delivery date(leaks,ceilings,floors,walls, windows,doors).The standard manufacturer warranty will apply to the installed manufacturer's equipment. 1.19. Submit one complete set of manufacturing operation manuals and warranties. 2. Orders:The Division will place orders as needed. 3. Delivery and Pickup:Free on Board(F.O.B.)Destination,Freight Prepaid and Added.This is the point at which a title to the goods passes from the Vendor to the Collier County destination.The Vendor pays the freight costs and adds them to the invoice. 3.1. Delivery and Pickup Hours:Monday—Friday from 8:00 a.m.to 4:00 p.m.(excludes County Holidays). Deliveries must be coordinated with the division representative at least 48 hours in advance. 3.2. Delivery or Pickup Costs-Flat Rate Charge:The costs to deliver or pickup container offices are authorized to be invoiced each way.The delivery or pickup costs will have an established contracted flat rate. 3.3. Delivery Location:Road,Bridge,and Stormwater Division,4800 Davis Blvd,Naples,Florida 34112. 3.4. Delivery Damages: County staff may reject the delivery of defective or damaged office containers. The Vendor shall incur the costs of returning defective or damaged office containers at no cost to Collier County. 4. Unload or Load: If a container office requires the delivery driver to unload or load, an additional$200.00 flat rate set fee will apply(the fee includes the forklift to unload or load and the forklift operator). 5. Sales Tax:Collier County is tax-exempt.Collier County's valid certificate of exemption is available upon request. 6. Price Increases:Price increase requests may be submitted annually(365 days from the agreement anniversary date). 6.1. Price increase requests are not guaranteed.If approved,the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. 6.2. Submit price increase requests in writing by email to the County's Contract Administrative Agent no less than 30 days before the annual contract anniversary date for consideration. 6.3. Price increase requests review may take over 60 days to complete. 6.4. Retroactive price adjustments are not authorized. 6.5. The Contractor shall provide supporting documentation justifying price increases(examples:Bureau of Labor Statics,supplier material agreements,fuel increases,etc.).If there is no documented proof,price increases will not be considered. 6.6. The Contract Administration Agent shall analyze prices to determine whether increases are fair and reasonable using the following methods:price competition(reviewing competitive bids or offers),market prices,historical prices,or independent estimates. 6.7. The Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. 6.8. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance,as amended.The bid tabulation shall be modified with the price increases,or an amendment processed,as required,and uploaded into the County's Finance System. 2 CAO 1► 6B 5 $z Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 Fixed Term Service Agreement [2024_ver.3] .'CAO 1 6 B 5 EXHIBIT B—FEE SCHEDULE ITB#24-8244 ITB NO. 24-8244 Purchases and Rentals of Portable Ground Level Office Containers BID SCHEDULE Note:All lines must be completed to be deemed responsive. Category A.New Purchase: 8'W x 20' L x 8' 6" H, Steel Cargo Container-Ground Level Office (GLO) Item Description UOM Quantity Unit Price Extended Price (GWO)20'L x 8'6" H Ground Level Office 1 Each 1 $20,975.00 $ 20,975.00 2 Delivery Cost,FOB Destination Flat Rate Each 1 $ 615.25 $ 615.25 Total Bid $ 21,590.25 Unload or Load Fee is a flat Rate set fee of$200.00 Delivery Address: 4800 Davis Blvd. Naples,Florida 34112 1 C_A_D 16B 5 Other Exhibit/Attachment Description: following this page (containing pages) n this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement [2024 ver.3] GAO