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Backup Documents 09/24/2024 Item #16F13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 1 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 66 q/Z1/2 2. County Attorney Office County Attorney Office 5,4 , 4 `'n!la41 4. BCC Office Board of County f/� Commissioners C({ (1�5� i/At 4. Minutes and Records Clerk of Court's Office 9 ky 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 missin nformation. Name of Primary Staff Osmanis Nieves Borjas-Pro ement Contact Information 239-252-2220 Contact/Department Agenda Date Item was September 24, 2024 Agenda Item Number AGENDA# Approved by the BCC 16.F.13 Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A [24-82481 John Mader number if document is John Mader Enterprises,INC to be recorded Enterprises, INC d.b.a Mader d.b.a Mader Electric Motors Electric Motors 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 ONB 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 ONB 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 ONB 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 September 24, 2024,and all changes N/A is not made during the meeting have been incorporated in the attached document. The I , an option for County 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 .'((/i1J an option for Chairman's signature. this line. 16F 13 FIXED TERM SERVICE AGREEMENT #24-8248 for Preventative Maintenance and Repairs of Pumps & Ancillary Equipment for Aquatic Facilities THIS AGREEMENT, made and entered into on this 2y day of Se liz"h er 20 21 , by and between John Mader Enterprises, Inc. d.b.a Mader Electric Motors authorized to do business in the State of Florida, whose business address is 18161 N. Tamiami Trail, North Fort Myers, FL 33903 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing upon the date of Board approval; or[} on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a • Purchase Order . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of[ Rcqucst for Proposal (RFP)-(if Invitation to Bid (ITB) n Other ( )# 24-8248 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 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] 16F 13 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): • • • sati-s is authorized. n 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 company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. • Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 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 [2024_ver.3] 16F 13 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 ❑ (c amble-Exile Mileage $974475-per fnile Breakfast- $6440- �at�rchti $11.00 Dinner $49 99 A+ffafe o, . tal rr�-I"eirr t£fes Led ht 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 responsible for all other costs and expenses associated 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 # 85-8015966531C. 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: John Mader Enterprises, Inc. d.b.a Mader Electric Motors Address: 18161 N. Tamiami Trail North Fort Myers, FL 33903 Authorized Agent: Dave Lindley Attention Name & Title: President Telephone: 239-731-5455 E-Mail(s): dave@maderelectricmotors.com Page 3 of 17 Fixed Term Service Agreement [2024_ver.3] 1 6F 1 3 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: Parks and Recreation Division Director: James Hanrahan Address: 15000 Livingston Road Naples, FL 34109 Administrative Agent/PM: Viviana Giarimoustas Telephone: 239-252-4915 E-Mail(s): Viviana.Giarimoustas@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 16F 13 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. • Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000.00 Per Occurrence, $ 2,000,000.00 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. n Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000.00 for each accident. Rre#essF • • eae# its of efa+m. Page 5 of 17 Fixed Term Service Agreement [2024_ver.3] 16F 13 F. l : Covcragc shall have minimum limits of$ per claim. G. fl : Coverage • 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 6 of 17 Fixed Term Service Agreement [2024_ver.3] CAO 16F 13 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 Parks and Recreation Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), • Exhibit A Scope of Services, Exhibit B Fee Schedule, --R-FP/0 ITB/I I Other #24-8248 , including Exhibits, Attachments and Addenda/Addendum, F-st segttent- g2stes, and ❑Othcr 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, 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 7of17 Fixed Term Service Agreement [2024_ver.3] 16F 13 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: PublicRecordRequestAcolliercountyfl.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 16F 13 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. E■ 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 16F 13 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, 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. ■ 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 16F 13 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. ire-a#i#ized"-for Page 11 of 17 Fixed Term Service Agreement [2024_ver.3] 16F 13 per . • 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. C 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. El ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or a c of any of the Contract Doe- tm rovee}- , Documents-carnet- i the-Agreement-the-eenftiet-s49e11--be--reseived-lay-imptesing-the--mere-striet-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] 16F 13 four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(a7colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Collier County 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] 16F 13 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 : a1C: d •T. :r /� /' M L1 - By: esiaak s _ Chris all , Chairman Dated: - I (SEAL) Attest as to Chairman's signature only John Mader Enterprises Inc. d.b.a Mader Electric Motors Contractor's Witnesses: Contractor By: -a) Contracto 's first Witness Signa ure 414fiTD L I w:'//er� Pre.$)c/e,d �-•�/ ���'. TType/print signature and titleT TType/print wit►=ss name Contr., /'s Secon itness (-,. (1(1Le TType/print witness name Ap d as to F nd>Legality: 5 „14. County Attorney to Na .1/Ia _ Print t me Page 14 of 17 Fixed Term Service Agreement [2024_ver.3] ,ht) 16F 13 Exhibit A Scope of Services ❑■ following this page (containing 7 pages) n this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement [2024_ver.3] 1 6F 1 3 Invitation to Bid(ITB) 24-8248 "Preventative Maintenance and Repairs of Pumps &Ancillary Equipment for Aquatic Facilities" EXHIBIT A SCOPE OF SERVICES The Contractor shall provide preventative maintenance, restoration,and repair services for pumps at Collier County Aquatic Facilities. Preventative maintenance services will help to minimize operational downtime and help insure reliable operating conditions at each facility. In addition to preventative maintenance the Contractor shall provide maintenance/remedial repairs,replacement,restoration, and complete rebuilding of pump and motor combinations, skimmers, valves, and related parts and supplies. This may include but is not limited to electrical couplings,seals,gaskets,controllers,etc. 1. Service Locations Preventative maintenance, additional maintenance and repairs/replacements will be requested at Collier County's Aquatic Facilities located throughout the County. Locations are listed below and an inventory list per location can be found on 24- 8248 Attachment B—Locations with Inventory,attached hereafter. • North Collier Regional Park—Sun and Fun Lagoon 15000 Livingston Road,Naples,FL.34109 • Golden Gate Community Park Aquatic Center 3300 Santa Barbara Blvd.,Naples,FL.34116 • Immokalee Sports Park Aquatic Center 505 Escambia St.,Immokalee,FL.34142 • Eagle Lakes Community Park Aquatic Center 11565 Tamiami Trail East,Naples,FL.34113 • Big Corkscrew Island Regional Park Aquatic Center 810 39th Ave.NE,Naples,FL.34120 • Vineyard Community Park Splash Pad 6231 Arbor Blvd.W.,Naples,FL.34119 • Freedom Park Fountain 1515 Golden Gate Pkwy.,Naples,FL.3410 The County retains the right to add or delete any facilities from service provided under the resultant contract as described herein.Any changes will be made in accordance with Collier County's Procurement Ordinance. 2. Preventative Maintenance Preventative maintenance services will be carried out twice a year at each of the locations. Following each preventative maintenance service, a completed checklist must be provided detailing the results, services completed, and any specific recommendations for future remedial action upgrades, etc. The report will include but not be limited to a checklist for each unit receiving maintenance service, the date of service, and an attestation signed by the Contractor. The Preventative Maintenance Checklist can be found as, 24-8248 Attachment A—Preventative Maintenance Checklist,attached hereafter. The following items are the minimum tasks that should be included during a preventative maintenance visit.Contractor must („A0 16F 13 provide service to the following,but not limited to: Inspection/Maintenance-Pumps,Motors,Valves,and Accessory Equipment • Visual inspection of all pumps and motors for leaks. • Check all seals and gaskets. • Check and record supply voltage. • Check and record amp. • Lubricate motors. • Check and record oil levels. • Fill oil to the appropriate level as specified by the Manufacturer. • Exercise all influent and effluent valves associated with pumps. Inspection/Calibration-for All Aquatic Instrumentation • Level gauges/sensors • Pressure gauges/switches • Scales • Flow meters • Chemical meters Preventative maintenance shall be invoiced as a unit price in accordance with the fee schedule, inclusive of all labor, tools, material,parts and equipment necessary for completion of the work. 3. Additional Services—Maintenance,Repairs,Replacement,and/or Restoration: The County may schedule additional maintenance as required. Additional/remedial maintenance and/or repair/replacement/restoration services shall be provided and billed per hourly rates and applicable mark-ups in accordance with the fee schedule. Repairs or findings from preventative maintenance inspection shall be discussed and authorized in writing by Parks and Recreation Division Director, Project Manager, or designee before commencement. No single service work shall exceed $_50,000. 4. Scheduled and Urgent Services Scheduled Services: Scheduled maintenance and repair services will be conducted during normal business hours. To arrange for an appointment to perform service at a County facility, the Contractor shall contact the County designee a minimum of twenty-four(24)hours in advance of the work. For scheduled maintenance and repair services,the Contractor must be on-site, and repairs must begin within seven (7) days of the purchase order issued for all areas, unless the County approves a different amount of time for response. Urgent Services:When immediate repairs are needed,staff will notify the contractor via e-mail or phone call. The Contractor is required to respond to these urgent calls for assistance within four(4)hours from the time of initial contact and be on-site within eight (8) hours of the County issuing the urgent request. Urgent call-out availability is mandatory to ensure that urgent work is completed.The Contractor must provide a minimum of two(2)24/7 urgent contact phone numbers to the County departments using this contract;this urgent call-out list is both for routine and after-hours services. Failure to provide coverage may result in termination of the contract. If the Contractor fails to respond to an urgent call within eight (8) hours, the County reserves the right to seek services outside of the contract. CAO 1 6 F 13 If repairs cannot be completed within twenty-four (24) hours from the County's initial request, then temporary system options must be provided and approved by the County. The approved temporary system will be provided by the Contractor and billed according to Fee Schedule rates and applicable mark-ups. If the Contractor is unable to complete the repair or replacement of the pump within 72 hours of notification,they must provide a written justification. Definition of Urgent Service:Urgent services refer to any unscheduled work that requires immediate repair to safeguard the health,safety,and well-being of the County's staff and/or the public. Scheduled and Urgent services will be billed in accordance with the fee schedule hourly rates and applicable mark-ups. A one-time urgent service fee is allowed when responding to an urgent request,in addition to hourly rates. 5. Work Hours Normal Business hours are Monday through Friday from 7:00 AM to 6:00 PM,excluding County observed Holidays. After- hours are considered before 7:00 AM and after 6:00 PM on weekdays and at any time on Saturday, Sunday, or County Observed Holidays. After -hours rate may be calculated at 1.5x the hourly rate in accordance with the fee schedule. If a requested service starts during normal business hours and extends into the after-hours period,the after-hours rate shall only be charged for time worked during the after-hours period. 6.Contractor's Responsibilities The Contractor shall use a qualified professional (with all related licenses and certifications being current) with experience and ability for all repairs. Each contractor shall ensure that all its personnel assigned to tasks under the agreement are properly trained and equipped.The personnel shall be fully equipped with parts and materials to complete routine repair work without delay. The Contractor shall furnish all necessary materials, equipment, tools, transportation, skills, and incidentals required for maintenance services, repairs, and miscellaneous services. The Contractor shall comply with all OSHA safety standards, rules, and regulations, as well as all applicable Federal, State, and Local laws, ordinances, rules, and regulations. The Contractor will supply all required safety equipment and properly trained employees.Any fines levied due to inadequacies or failure to comply with any requirements will be the sole responsibility of the Contractor. The Contractor may be asked to perform work onsite through in-field services or at a local shop.The Contractor shall provide labor and parts warranties upon completion of work. The Contractor shall have a minimum of three years of commercial experience working on pumps from five horsepower to one hundred fifty horsepower, references shall reflect such experience. The Contractor shall be or have access to a certified service local repair station and warranty station for their products. The Contractor shall under no circumstances remove any equipment containing a County asset sticker. The Contractor shall request that when replacing equipment,the asset sticker be removed by a County staff member. 7. Warranty The Contractor must guarantee that all materials are brand new and free from defects, warranted for their merchantability, and meet the performance scope of work of the original material. The warranty period should be a minimum of one year from the date of installation. In the event that a portion, or all of an order, is found to be defective, the Contractor shall immediately replace the parts at no cost to the County. S. Billing and Invoicing: • No fees shall be charged to the County for any call-backs or work that could not be performed. • Invoices shall contain details of the services performed and the location of the service. A Collier County Purchase Order number must appear on each invoice. • The Contractor may only charge hourly rates for hours worked at the job site. Hourly rates shall be per the fee Schedule and shall be all inclusive of labor, administrative hours, overhead, travel related expenses, insurance, required reporting,and equipment use(excluding rental equipment). (-AO 16F 13 • The Contractor shall provide a detailed breakdown of the labor time spent by their employees. This should include the number of hours worked at the established hourly rates and classifications,the cost of all supplies,parts, rental equipment and materials used. • Materials and rental equipment will be allowed a maximum of 10%mark-up and the use of subcontractors will be allowed a maximum of 15%mark-up.Mark-ups will not be allowed on sales tax,fees,use,and other similar taxes. • Backup documentation and receipts/invoices for any supply, material, parts, rental equipment and other reimbursables. However, if any supplies, parts, or materials individually cost less than $500.00,there is no need to provide backup documentation unless requested. • Freight and shipping charges will not be allowed as separate lines and shall be incorporated into the proposed price. • A preventative maintenance checklist must be submitted for each location identifying the work performed, photographs of any deficiencies found, and any recommended actions beyond the preventative maintenance schedule. The checklist along with photographs shall be submitted with each invoice for preventative maintenance service. 9. Work Performance: The County shall be the final authority on any issues that may arise as to the quality and acceptability of any work performed under the resultant contract. The County reserves the right to seek services outside of the contract if the Contractor fails to perform or if pricing seems unreasonable(per the County's Procurement Ordinance). GAO 16F 13 NAR COVH Attachment A ti + 'Isiti Parks pe o.ecrec hon wuw.co lierparks.com Collier County Preventative Maintenance Checklist A preventative maintenance checklist must be submitted for each location identifying the work performed,photographs of any deficiencies found,and any recommended actions beyond the preventative maintenance schedule.The checklist along with photographs shall be submitted with invoicing.Contractor is responsible to maintain a safe working environment and compliance with any applicable OSHA safety standards. Maintenance must be in compliance with Manufacturers recommendations and requirements. Facility Name: Date of Inspection: Pump Number Inspection Comments 1. Visual inspection of all pumps and motors for leaks 2. Check all seals and gaskets. 3. Check and record supply voltage. 4. Check and record amp. 5. Lubricate motors. 6 Check and record oil levels. Fill oil to appropriate level as specified by the Manufacturer. 7 Exercise all influent and effluent valves to the pumps 8 Other issues not covered above RECOMMENDATIONS FOR REPAIRS: (Include cost estimates. Continue on separate sheet if needed) Contractor's Representative: Signature&Date: I do hereby attest,based upon my best knowledge,information and belief,that the data provided in the checklist(s)is accurate,true,and complete. � 6F 1 3 0.7 c°;- Parks Vit Recreation www.coltierparks.com Collier County Instrumentation Preventative Maintenance Checklist Checklist must be submitted for each location identifying the work performed,photographs of any deficiencies found,and any recommended actions beyond the preventative maintenance schedule.The checklist along with photographs shall be submitted with invoicing.Contractor is responsible to maintain a safe working environment and compliance with any applicable OSHA safety standards. Maintenance must be in compliance with Manufacturers recommendations and requirements. Facility Name: Date of Inspection: Pump Number Inspection Comments 1. Inspection/Calibration of all level guages/sensors. 2. Inspection/Calibration of all pressure gauges/switches 3. Inspection/Calibration of scales. 4. Inspection/Calibration of flow meters. 5. Inspection/Calibration of chemical meters. 6 Other issues not covered above. RECOMMENDATIONS FOR REPAIRS: (Include cost estimates.Continue on separate sheet if needed) Contractor's Representative: Signature&Date: I do hereby attest,based upon my best knowledge,information and belief,that the data provided in the checklist(s)is accurate,true,and complete. A j) 16F 13 Attachment B Locations with Inventory* North Collier Regional Park Sun N Fun Eagle Lakes Community Park Pump House 1 Pump House I Number of Pumps Horsepower Number of Pumps Horsepower 2 50 1 50 18 20 2 25 Pump House 2 1 20 Number of Pumps Horsepower 1 7.5 3 30 2 3 1 50 1 2 Pump House 3 Number of Pumps Horsepower Big Corkscrew Island Regional Park 3 75 ** Pump House 1 1 100 ** Number of Pumps Horsepower 1 150 ** 1 30 2 25 Golden Gate Community Park 1 20 Pump House 1 1 10 Number of Pumps Horsepower 2 5 4 15 1 3 1 7.5 2 2 1 10 2 1.5 1 15 ** $ 1.00 $ 1.00 Vineyards Community Park Freedom Park Fountain Pump House I Number of Pumps Horsepower Number of Pumps Horsepower 2 3 2 5 1 2 1 2 North Collier Administrative Building Fountain Immokalee Sports Complex Number of Pumps Horsepower Pump House 1 2 2 Number of Pumps Horsepower Big Corkscrew Island Regional 4 15 Park Administrative Building Number of Pumps Horsepower 1 1.5 * All pumps are centrifugal pumps unless otherwise noted ** Vertical Turbine pump 16F 13 Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 Fixed Term Service Agreement [2024_ver.3] 16F 13 Invitation to Bid(ITB)24-8248 "Preventative Maintenance and Repairs of Pumps&Ancillary Equipment for Aquatic Facilities" Exhibit B Fee Schedule John Mader Enterprises, Inc. Unit of Unit Line No. Description Measure Price Section 1: Preventative Maintenance I North Collier Regional Park Sun and Fun Pump House#1 ca. $9,910.00 2 North Collier Regional Park Sun and Fun Pump House#2 ea. $2,000.00 3 North Collier Regional Park Sun and Fun Pump House#3 ea. $2,500.00 4 Golden Gate Community Park Pump House#1 ea. $3,500.00 5 Immokalee Sports Complex Pump House#1 ea. $2,000.00 6 Eagle Lakes Community Park Pump House#1 ea. $4,000.00 7 Big Corkscrew Island Regional Park Pump House#1 ea. $6,000.00 8 Vineyards Community Park Pump House#1 ea. $1,500.00 9 Freedom Park Fountain ea. $1,500.00 10 North Collier Administrative Building Fountain ea. $1,000.00 11 Big Corkscrew Island Regional Park Administrative Building Fountain ea. $ 500.00 Section 2:Additional Services Hourly Rates 12 _Supervisor hr. $ 75.00 13 Laborer hr. $ 75.00 14 Foreman hr. $ 75.00 15 Technician hr. $ 75.00 Section 3: Urgent Repair Service 16 Urgent Service Fee ea. I $ 175.00 Mark up for Remedial Maintenance,Repairs,Replacements and Restorations Parts and Materials Markup Percent 10% Rental Equipment Markup Percent 10% Subcontractor Markup Percent 15% 1.5 X After hours and Urgent Work Straight Time Hourly 16F 13 Other Exhibit/Attachment Description: I ri following this page (containing pages) 0 this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement [2024_ver.3]