#24-8242 (Superior Landscaping & Lawn Service, Inc) FIXED TERM SERVICE
MULTI-CONTRACTOR AWARD AGREEMENT
# 24-8242
for
"Landscaping Maintenance for Public Utilities Facilities"
THIS AGREEMENT, made and entered into on this I t day of bt(Cviib'{ 20L,
by and between Superior Landscaping & Lawn Service, Inc.
authorized to do business in the State of Florida, whose business address is
2200 NW 23rd Ave, Miami, FL 33142 , (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period,
commencing • upon the date of Board approval; or - on and
terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for
two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a ® Purchase Order ❑ Notice to-Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of n Request for Proposal (RFP) ❑ Invitation to Bid (ITB) —
Other ( ) # 24-8242
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal
referred to herein and made an integral part of this Agreement.
❑� The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
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3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
Exhibit/Attachment:
3.4 (UI The County reserves the right to specify in each Request for Quotations: the period
of completion; collection of liquidated damages in the event of late completion; and the
Price Methodology selected in 4.1.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
n Lump Sum (Fixed Price):A firm fixed total price offering for---a-project; the risks are
transferrednt_ 'fr oi'i,,,,thee,.Cou'r County-to the contractor;;_and, as-.,a...busiiness,,practice,,.there,.-are.....no
hourly rly,.,,-or,.,.material" invoices presented,_,._ra,.ther -the perform.,
satisfaction of the County's' project manager before-payment fecthe fixed price contract
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.
0 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
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4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
4.5 7 (check if applicable),Travol,-and_Reimbursable.,,,,,Expenses: Travel- and
Reimbursable-'Expenses must be approved,in advance-in writing-bey the-County.- Travel
expenses shall be--reimbursed as per Section 112.061 Fla:—State,
Reimbursements...shall.be....at,..the following rates:
Mileage 5 pelaile
Breakfast $6.00
Lunch $11...00
Dinner $19.00
Airfare Actual"ticket costa limited- to" tourist-or-coach
class far e
Rental car Actual-_-rental.-cost .limited-,_tVmromp
-to—compact -,or
standard,,..size'vehic-les
Lodging Actual cost of'lodging--at-single--occupancy.rate
with..a.cap...of.no-more than_$150:&;0-Ner--r igl rt
Parking Actual"cost-of-parking
Taxi or Airport Limousine Actual cost-of either taxi orairport'limousine
T�v, r,,,, pn n.c
N
Reimbursable--items other than travel expenses shall be limited to the-foil" + te"le f e
long distance-charges, fax charges,.-photocopying..charges and-postage.--Reimbursable
items items'will-be paid-only after-Contractor has provided all-receipts. Contractor-shall be
responsible._for-all...-othiier--rc'ossts---ram}.'yid-ex'-3re''uses-..-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.
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6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: Superior Landscaping & Lawn Service, Inc.
Address: 4841 Buckingham Rd
Fort Myers, FL 33905
Authorized Agent: Jesenia Otero
Attention Name & Title: Estimating Coordinator
Telephone: 305-634-0717
E-Mail(s): JOtero@superiorlandscaping.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Joe Bellone
Division Name: Financial Operations Support - PUD
Address: 3339 Tamiami Trail E,
Naples, FL 34112
Administrative Agent/PM: Donna Deeter
Telephone: 239-252-2622
E-Mail(s): donna.deeter@colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
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9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be the sole judge of
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. 0■ Business Auto Liability: Coverage shall have minimum limits of$ 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.
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D. ❑
Professional
P„rofessional. Liabilit:..--Shall-be maintained
.by-the-Contractor-to-ensure-its legal
liability-for-claims arising cut-of-the- performance-of-professional--services-under--this Agreement.-Contr ctor-waives-its right of recovery again&t-Gountyas to any claims under
th is-in's'ur"ance. Such-ins 4ra'nse-s'hall-have""lir'ifits-of-not-4e th .-$.,,-.. . each
a - arras reg ate....
claim-and-�yy,,.�U�,..
E. C y ber Liability:Coverage shall have''minimum"lirmits-'of"$ per-claim:
F _._.. _ ._.._., ._.. :-Coverage
shalt- ave,rar44irn [+4ai"ts of.. er-claim
G. ❑ : Coverage
shall-have-minimum limits-of-cam'
: Coverage
shall have minimum-limits"of"' "
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
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Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Public Utilities Facilities
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, 11 RFP/n ITB/E--Other
# including Exhibits, Attachments and Addenda/Addendum, P.—subsequent
quetes; and ■❑ Other Exhibit/Attachment: Federal Contract Provisions and Assurances
17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to
the terms of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
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including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation,
workers' compensation, equal employment and safety including, but not limited to, the
Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law
Chapter 119, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest("?colliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
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Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from
the public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or a Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris,
rubbish and waste materials arising out of the Work. At the completion of the Work,
Contractor shall remove all debris, rubbish and waste materials from and about the Project
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site, as well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
25. ❑■ 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 of any public authority having jufisdiction over the Project
requires,...-any-portion.....of--the-Work to....-be.,specifically -i pected,....tested-or- approved,,
Contractor-shall-assume full responsibility therefofe, pay-all costs in-cenne r therewith
and furnish-to-the-County-th required ceftif at-es--ef-inspection,-te ting--or-app royal—INA
inspectionsy,.....,te �'3'
tests '..,,,,approvals,,,shall._.
be-performed-in
ta...,...r 'an ef—and ...by.,.,organizations
acceptable to' he,Qunty.
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
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to replace such loss or damage shall be deducted from any amounts due to
Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
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33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. ❑ KE_x_PERSONNEL. The--Gents---actors-personnel and-management-to be-utilized for
this-projectknowledgeable-in,,their-areas`-eef..e"xpertise ...,T...he.-.0 a-nty reserves,.the
right_to...perfo'r-ray--a-nvestnc--asw-may-.be.,,deei..;deemed-.necessary-to-ensure-that competent
persons-will-be-utilized--i the-performance-of the--Ag r- ent: The C of tracter shatl'as ign
as-many...people-a1!'.Y,Jneciessary-toi..complete-the ser'viSeeson-a_timely basis:..l'�(.fid-each'person
assigned-shalt--be-av ifable-for--a -amount,of time-adequate-to-meet-the-required-service
dates:- 'he-Contract€Fshall--not-ohan e l ea,;- 'ersonne4--unless-the--feltawing conditions-are
met.. (1-).,-Proposed__repIlacements.. have-..substantially...the..-same--or-better- -qualificatio ,s
and/or-e-xperience:_-(2) that-the County-is-notified-in-writing as far-in-advance-as-possible:
The-Gontractorwehall make-commercially-reasonable--efforts to notify-Collier County within
seve .,/7�ays"if-L e ch T2e County retains final approval ofpro :edx acem nt
personnel:
■� AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. ORDER OF PR In the event of-any confltct-between or-among-the-terms
of"any_-of--the--Contract Documen s "_the.--te-rins'--'of--solioita'tien,.the---Contractor's-_Proposal
and/or the-County's Board-approved-E cecutive-Sum a'ny,.the_Contraet Documents-shall
take precedence.
• ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at County's discretion.
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
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Fixed Term Service Multi-Contractor Agreement
[2024_ver.1]
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assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four(4)years. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of
issuance and can be renewed each year at no cost to the Contractor during the time
period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS a�7.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. n 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
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Fixed Term Service Multi-Contractor Agreement
[2024_ver.1]
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shalt only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel,,Cterk of the Circuit COLLIER C N Y, FLORIDA
Court and proper
By: AC' ''*. ..66
Chri, all , hairman
Dated: �' ,1
(SEAL) •Attest as to Chairman-`s
signature only.
Contractor's Witnesses: Su erior Landsca pin & Lawn Service, Inc.
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Contr staisSir t-V ,ness Sign re
_ L ,'? V 1.11 S 4-y7109 TType/print signature and titleT
tType/print witne0 name
i
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TType/print witness name?
A•ero ed Es to F d Legality:
AM il ..e....1_,.
. County Attorney
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Print Na e
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Page 14 or 17
I ixc1"fern Service tvLiiti-Contractor Agreement
12024 ver.I J
Exhibit A
Scope of Services
❑■ following this page (pages through 4
n this exhibit is not applicable
Page 15 of 17
Fixed Term Service Multi-Contractor Agreement
[2024_ver.1]
S
ITB #24-8242
Exhibit A
Scope of Services
DETAILED SCOPE OF WORK
Vendor(s) must have a valid Florida Department of Agriculture & Consumer Services (FDACS) Limited
Certification for Urban Landscape Commercial Fertilizer and be maintained throughout the term of the awarded
Contract.
Vendor and employees shall follow American National Standards Institute(ANSI)standards wherever applicable.
Pricing for each type of service shall be inclusive of all labor,equipment,materials,fuel,travel related expenses,and
debris disposal to perform the service at each County location.
County locations may request an itemized receipt for services rendered upon completion of each service call. The
County location representative shall establish this requirement in writing and obtain the vendor's acknowledgement
in writing at least three(3)days prior to the next service call.Failure to provide the itemized service receipt at each
service call,once agreed to,may delay the vendor's payment.
Vendor shall stop work and notify County location representative immediately upon neighbor resident complaints.
County representative will provide further guidance to the vendor.
Services for each County location under the awarded contract may include,but not be limited to(note: Bidder shall
reference specific requirements that may be noted on the Bid Schedule for certain locations):
1.0 SERVICE ITEM:
A. LAWN MAINTENANCE SERVICE
• Minimum frequency twice per month per location.
• Debris and litter removal upon arriving at the County location.
• Report illegal dumping immediately to the County location Representative.
• No mowing when weather conditions would result in turf damage.
• Mowing heights shall be maintained between 2.5 inches and 4 inches.
• Pond mowing shall be to the highest water line under normal weather conditions.
• Grass clippings shall be blown away from mulched landscaping and not blown into roadways or storm
drains.
• Edging shall be performed using only a hard edger.
• Weed eating shall only be performed using a string trimmer. No weed eating around trees or inside
landscaping beds.
• Manually pull all visible weeds taller than 2 inches within landscape beds.
• Proper herbicides shall be used around trees,structures,and in landscape beds.
• Areas sprayed with herbicides shall be minimized to an area that allows mowing as close as possible to
limit unsightly dead zones.
• Tree suckers shall be removed as they grow using proper ANSI tree care practices.
• Tree/Palm canopy shall be maintained at 9 feet for pedestrian traffic and 14 feet for vehicular traffic.
• Keep tree canopy floor free of dead fronds,limbs,and debris.
• Vine trimming or removal as needed.
• Hardscaping (i.e., deco-concrete, walkways, asphalt) shall be sprayed with appropriate herbicide and
blown clear.
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• Mulch replacement (where applicable) in October (must be replaced with the exact product unless
approved in writing by the County).
B. SHRUB/HEDGE MAINTENANCE
• Minimum frequency once per month.
• Trim and weed per industry standards to the height designated by the County location.
C. BUSH HOGGING AND BRUSH CLEARING
• Minimum frequency once per month during high growth season or as requested by the County location.
• May include retainer ponds.
D. IRRIGATION MAINTENANCE SERVICE
• Minimum frequency once per month.
• Inspect and repair as needed to ensure proper function.
• Materials under$250.00 shall be included in Irrigation Maintenance Service.
• Material repairs exceeding $250.00 and/or exceeding four (4) hours of labor time shall follow the
Additional Service Requests procedure below,found in Section 2.0 Time&Material Requests.
• Replacement sprinkler equipment shall be replaced with the same brand being removed,unless written
approval to change brands is received from the County location.
• Warranty for material and workmanship is for a period of one(1)year.
E. FERTILIZATION MAINTENANCE SERVICE
• Frequency shall be three(3) times annually in February,April, and October for turf, shrubs, and non-
sabal palms.
• All fertilizer applications shall conform to standards set in the Florida Friendly Best Management
Practices for Protection of Water Resources by the Green Industries.
• Turf shall receive weed and feed application containing atrazine, and 50% slow-release nitrogen and
potassium in February.
• Turf shall receive fertilizer with at least 75%slow-release nitrogen, 0%phosphorous, 15%potassium
(no muriate of potash),and 1%sulfur and magnesium in April and October. Rate of application:one(1)
pound of actual nitrogen per 1,000 square feet.
• Non-sabal palms shall receive 8-2-12 palm fertilizer at a rate of 1.5 pounds of fertilizer per 1,000 square
feet of palm canopy in the active palm root zone.
F. PEST CONTROL
• Frequency shall be as needed,with monthly inspection of the property.
• Pest control shall be applied by a Florida Certified Pest Control Operator certified in Lawn and
Ornamental Pest Control, at a minimum, and under the supervision of a Florida Department of
Agriculture and Consumer Services(FDACS)licensed business.
• Pest control shall follow the Time and Material procedure below,found in Section 2.0.
G. PALM AND TREE TRIMMING MAINTENANCE SERVICES
• Palm trimming (excludes arecas and saw palmettos) minimum frequency shall he twice per year in
March and September.
• Tree trimming minimum frequency shall be once per year in March.
• Vendor shall have and maintain throughout the term of the awarded contract, a Collier County Tree
Trimming License.
• Vendor employees performing this service shall have at least a Collier County Tree Trimming Certificate
while performing the work.
• Vendor shall not remove more than 25%of the individual tree canopy at one time without prior written
approval from the County location representative.
• Keep tree canopy floor free of dead fronds,limbs,and debris.
CA
• Proper pruning of trees for hurricane preparation(may require licensed arborist to be quoted as time and
material if not on staff).
• Vines that threaten the health of a tree shall be removed.
H. ARECA PALM MAINTENANCE SERVICES
• Frequency is as requested by the County location representative.
• Price shall be per 100 linear feet,average height of twenty(20)feet.
• Remove all loose dead palm fronds both on the ground and inside the palm.
• Remove all miscellaneous debris on the ground including rocks,leaves,and other debris.
• Lift the exterior fronds on the arecas to five(5)feet.
I. BODY OF WATER CLEANING
• Frequency is as requested by the County location representative.
• The Time and Material procedure below,found in Section 2.0,shall be followed.
• Work may include debris cleanup,trash cleanup, aquatic vegetation removal, and nuisance vegetation
removal.
• Vendor shall provide a quote to the requesting County location representative. The County location
representative must approve the quote prior to any work being completed.
• The County location representative must provide written approval of satisfaction prior to invoice
payment.
J. SEAGRAPE TRIMMING
• Frequency is as requested by County location representative.
• The Time and Material procedure below,found in Section 2.0 shall be followed.
• Vendor shall provide a quote to the requesting County location representative. The County location
representative must approve the quote prior to any work being completed.
• The County location representative must provide written approval of satisfaction prior to invoice
payment.
• Trim uniformly and evenly.
• Keep trimmed back two(2)feet from roadway line.
K. PERIMETER MAINTENANCE
• Frequency is monthly.
• Area 5 ft or 2 ft(as determined by Location) on both sides of a fence, shall be neatly maintained, to
include trash removal,trimming or removal of tree,vines,weeds,and shrubs as required by the County
location.
• Applicable items listed in Section A. Lawn Maintenance Service shall also be performed within the
perimeter area.
• Disposal of all debris shall be the responsibility of the Vendor.
2.0 ADDITIONAL SERVICE REQUESTS:
• County locations may request an additional service within their location's Fee Schedule item list and be
performed at any time. The request must be made in writing to the Vendor.The Vendor shall charge the
same rate for additional Fee Schedule services.
• Time & Material Requests: Additional services shall be quoted at the awarded hourly rate(s) and
appropriate markups. The quote shall be provided in writing within three (3) days from the County
request. Work shall begin within three(3)days after the County issues a Purchase Order. Work shall be
completed per the agreed time. Additional time may be approved in writing by the County.
CA O
o Florida International Society of Arboriculture(ISA)Certified Arborist:
■ Provide Florida ISA certified arborist services to review the condition and health of
trees. Services to include site visit and written recommendation concerning the viability
and health of trees reviewed in relation to existing and proposed infrastructure.This service
may be subcontracted and shall fall under Time&Material Requests
o The Vendor may markup the following items when quoting services outside of Fee Schedule line-
item list:
• Material(including plants,trees,sod,mulch): 10%,Receipts for all material items with an
individual price of more than$250.00 must be included with invoice submittal.
• Rental equipment: 10%, Receipts for all rental equipment showing actual cost must be
submitted with invoice.
• Subcontractor: 10%, A copy of the Subcontractor invoice must be submitted with the
Vendor's invoice.
3.0 MISCELLANEOUS ITEMS:
DEBRIS REMOVAL
• All landscape debris, trash, and litter must be removed from the County premises after each service and
disposed of appropriately at the permitted debris disposal site.
• All awarded Vendors may be requested,by any Department of the County,to assist with debris cleanup after
an urgent event,such as a hurricane,has occurred.Urgent Request procedure shall be followed. Vendor shall
provide appropriate,signed time sheets to assist with FEMA reimbursement submissions.
URGENT REQUESTS
• An urgent request shall be any request from the County outside of the hours of 6:00 am—6:00 pm or when
immediate(within 2 hours)response is needed.Additional time may be approved in writing by the County.
• All urgent requests shall be Time and Material and labor shall be invoiced at 1.5 times the hourly rate with a
minimum of two hours. Signed employee time sheets may be required.
• The requesting County location must approve,in writing,the hours worked by the Vendor for urgent requests.
• The Vendor shall only charge for hours at the County location. Travel related expenses shall not apply.
DAMAGES
• Any damages caused by the negligence of the Vendor shall be the responsibility of the Vendor.
• The Vendor shall have twenty-four(24)hours from the time the damage happened or from the request of the
County location representative to fix the damage to the satisfaction of the County location. The Vendor's
final invoice may be reduced by the repair amount if the County must fix the damage.
coA
Exhibit B
Fee Schedule
following this page (pages 1 through 1)
Page 16 of 17
Fixed Term Service Multi-Contractor Agreement
[2024_ver.1]
Fee Schedule
ITB #24-8242 "Landscaping Maintenance for Public Utilities Facilities"
Superior Landscaping & Lawn Service Inc.
Secondary
Item Service County Location and Service Line Item
Number.' Item UOM Unit Price
6 North County Water Reclamation Faclity
10500 Goodlette-Frank Rd N
A Lawn Maintenance each $ 3,392.40
B Shrub/Hedge Maintenance each $ 2,279.64
C Bush Hog and Brush Clearing each $ 425.04
D Irrigation Maintenance each $ 671.88
E Fertilization Maintenance each $ 3,999.96
F Pest Control each $ 902.30
G Palm and Tree Trimming Maintenance each $ 2,871.72
H Areca Palm Maintenance each $ 795.96
K Perimeter Maintenance- see Special Instructions on Site Images each $ 795.96
6 ADDITIONAL SERVICE REQUESTS: TIME AND MATERIAL
Supervisor Hourly Rate hourly $ 65.00
Technician Hourly Rate hourly $ 45.00
Helper Hourly Rate hourly $ 38.00
Florida International Society of Arboriculture(ISA) Certified Arborist
(If arborist is on staff) hourly $ 125.00
Markup/Additional Services(refer to solicitation for details)
Material Markup-10%
Rental Equipment Markup-10%
Subcontractor Markup-10%
Primary
Item Service
Number Item County Location and Service Line Item UOM Unit Price 23 Eustis Landfill - Part of 1060 Sanitation Rd.
A Lawn Maintenance each $ 1,356.96
C Bush Hog and Brush Clearing each $ 340.03
K Perimeter Maintenance-2 ft on both sides each $ 636.77
23 ADDITIONAL SERVICE REQUESTS: TIME AND MATERIAL
Supervisor Hourly Rate hourly $ 65.00
Technician Hourly Rate hourly $ 45.00
Helper Hourly Rate hourly $ 38.00
Florida International Society of Arboriculture(ISA)Certified Arborist
(If arborist is on staff) hourly $ 125.00
Markup/Additional Services(refer to solicitation for details)
Material Markup-10%
Rental Equipment Markup-10%
Subcontractor Markup-10%
1 of 1
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Other Exhibit/Attachment
Description:
Federal Contract Provisions and Assurances
❑■ following this page (pages 1 through 11
❑ this exhibit is not applicable
Page 17 of 17
Fixed Term Service Multi-Contractor Agreement
[2024_ver.1]
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract,the Supplemental Conditions shall govern.This is an acknowledgement that FEMA financial
assistance will be used to fund all or a portion of the contract.
Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is
an entity that receives a Contract/Purchase Order.
Compliance with Federal Law, Regulations and Executive Orders:The Sub-Recipient(County) agrees
to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded
Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws
and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all
claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all
services under this contract in accordance with the following governing regulations along with all applicable
Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
O 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities
O FEMA Public Assistance Program and Policy Guide
EXHIBIT I-1
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency
Management, the FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representative's access to any books, documents, papers, and records of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to
provide the FEMA Administrator or his authorized representatives' access to construction or other work
sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the
Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in
this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take
all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5)to ensure that small and minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract
change, modification, amendment, addendum, change order, or constructive change must be necessary,
allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of
work, and otherwise allowable.
DHS Seal, Logo, and Flags:The contractor shall not use the DHS seal(s), logos, crests, or reproductions
of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall
include this provision in any subcontracts.
Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non-
Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for
the purchase, acquisition, or use of goods, products, or materials produced in the United States (including
but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of
this section must be included in all subawards including all contracts and purchase orders for work or
products under this award.
For purposes of this section: "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the
United States. "Manufactured products" means items and construction materials composed in whole or in
part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the
County, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the
performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works,
distribute copies to the public, and perform publicly and display publicly such data. For data required by
the contract but not first produced in the performance of this contract,the Contractor will identify such data
and grant to the County or acquires on its behalf a license of the same scope as for data first produced in
the performance of this contract. Data, as used herein, shall include any work subject to copyright under
17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music,
choreography, pictures or images,graphics,sculptures,videos, motion pictures or other audiovisual works,
sound and/or video recordings, and architectural works. Upon or before the completion of this contract,the
Contractor will deliver to the County data first produced in the performance of this contract and data
required by the contract but not first produced in the performance of this contract in formats acceptable by
the County.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to
any matter resulting from the contract.
EXHIBIT I-2
C40
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Prohibition on Covered Telecommunications Equipment or Services:
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming; substantial or
essential component; and telecommunications equipment or services have the meaning as defined in
FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered
Telecommunications Equipment or Services As used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L.
No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020,
from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may
not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency
Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology
of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical technology as part of
any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument,
any equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1)This clause does not prohibit contractors from providing—(i).A service that connects to the facilities of
a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications
equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that
such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered
telecommunications equipment or services that: i.Are not used as a substantial or essential component of
any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications
equipment or services that are not considered covered telecommunications equipment or services.
(d)Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or
subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i)
Within one business day from the date of such identification or notification:The contract number; the order
number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial
and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer
EXHIBIT I-3
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
number, manufacturer part number, or wholesaler number); item description; and any readily available
information about mitigation actions undertaken or recommended. (ii)Within 10 business days of submitting
the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation
actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to
prevent use or submission of covered telecommunications equipment or services,and any additional efforts
that will be incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in
all subcontracts and other contractual instruments.
Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance
Funding
Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000.As such the contractor is required to verify that none of the contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into. (3) This certification is a material
representation of fact relied upon by the County. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the
County, the Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired— Competitively within a timeframe providing for
compliance with the contract performance schedule; Meeting contract performance requirements; or At a
reasonable price. Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act.
Termination for Cause and Convenience(over$10,000): See Standard Purchase Order and/or Contract
Terms and Conditions
Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over$100,000): Contractors who
apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer
or employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient."
EXHIBIT I-4
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000.
See Certifications and Assurances and the end of this document.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where
applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth in paragraph (1)of this section the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to such District or
to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (1) of this section, in the sum of$27 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold or cause
to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (2) of this section.
(4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section."
For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject
to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety
Standards Act.
(1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of
the work and shall preserve them for a period of three years from the completion of the contract for all
laborers and mechanics, including guards and watchmen, working on the contract. Such records shall
contain the name and address of each such employee, social security number, correct classifications,
hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages
paid.
(2)Records to be maintained under this provision shall be made available by the contractor or subcontractor
for inspection, copying, or transcription by authorized representatives of the Department of Homeland
Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor
or subcontractor will permit such representatives to interview employees during working hours on the job.
EXHIBIT I-5
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Clean Air Act (over$150,000): 1. The contractor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C.§7401 et seq. 2.The contractor
agrees to report each violation to the County and understands and agrees that the County will, in turn,
report each violation as required to assure notification to the Federal Emergency Management Agency, and
the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include
these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all
applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and
understands and agrees that the County will, in turn, report each violation as required to assure notification
to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this
contract, all claims, counter-claims, disputes and other matters in question between the local
government and the contractor, arising out of or relating to this contract, or the breach of it,will be decided
by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
CONSTRUCTION ACTIVITIES
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part
60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3
must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4.
During the performance of this contract, the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin.The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3)The contractor will not discharge or in any other manner discriminate against any employee or applicant
for employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant.This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4)The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
EXHIBIT I-6
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
union or workers' representatives of the contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
(6)The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in
whole or in part an the contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order'11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering agency, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
Davis Bacon Act: Exempt under FEMA Public Assistance Funding
Copeland Anti-Kickback Act: Exempt under FEMA Public Assistance Funding
EXHIBIT I-7
CA 0 ,
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Compliance with Federal Law, Regulations,And Executive Orders
and Acknowledgement of Federal Funding
Certification
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be available to the County for review and approval. The Contractor agrees to include in
the subcontract that(1)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is
bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the
County and the Grantor Agency harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement,to the extent allowed and required by law.The
County may document in the quarterly report the Contractor's progress in performing its work under this
agreement.
On behalf of my firm, I acknowledge,the grant requirements identified in this document.
Vendor/Contractor Name Superior Landscaping & Lawn Service Inc.
Date 06/04/2024
@,
Authorized Signature \ ti MI .
EXHIBIT I-8
CA0
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY
and VOLUNTARY EXCLUSION
Contractor Covered Transactions
(I) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department
or agency.
(2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective
contract shall attach an explanation to this form.
CONTRACTOR
Superior Landscaping & Lawn Service Inc.
By: 't jf, i1A1-i'-4 r ,Vi.9'
Signature
Jesenia Otero, Estimating Coordinator
Name and Title
2200 NW 23rd Avenue
Street Address
Miami, FL 33142
City, State, Zip
N/A
UEI Unique Entity Identifier(for SAM.gov verification)
6/4/2024
Date
Sub-Recipient Name: Collier County Board of County Commissioners
DEM Contract Number: Z2967
FEMA Project Number: DR 4673
CA O
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
•
COLLIER COUNTY
ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be veriiiied. Unverfable statuses will require the PRIME to either prcr\d?a reused statement or provide source documentation that ialidates a
status
A. PRIME VENDOR/CONTRACTOR INFORMATION
PuItsEI r".'.:P PRIME FE-D t41.gAf O CON'2AcT DOLLAR AtkDi.,T
Superior Landscaping&Lawn Service Inc. 65-0838100 $2,668,154.97
S THE PRIME AFLORIDA{ERTTFIEDDISADVANTAGED. VET .M Y t THE ACTIVITY OF'HIScotTRACT._
MINOR ITrOR.WOMEN BUSINESSENTERPRISE DBE? 'Y CONSTRUCTION
OP HAVE A.SMALL DISADVANTAGED ? Y ty
BUSINESS SA CERTIFICATION FROM THE SMALL BUSINESS 418E? Y• CONSULTATION? Y N
ADMINISTRATIONT ASERVICE DISABLED VETERAN, WEE? Y P OTHER? ()
SOS EA?
IS THIS S BMISS;Cti A REVISION? Y tt,r F .RE s :01.1 FUt.1EER_
6. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION
DBE MANSE SUBCONTRACTOR OP SUPPLIER TYPE OF%ORS OR ETHNICITY CODE SUB/SUPPLIER PERCENT Of CONTRACT
VETERAN NAME SPECIALTY See 8e'ow) DOLLAR AMOUNT DOLLARS
Alit
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE TITLE OF SUEMnTER
Superior Landscaping&Lawn Service Inc. 06/04/2024 Estimating Coordinator
EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER
JOtero@superiorlandscaping.com 305-634-0717 305-634-0744
•
NOTE:This information is used to track and report anticipated DBE cv MBE participation in federally funded contract..,The anticpated DEE or
MBE amount is uciuntary and will not become part of the contractual terms.This form must be submitted at t:me of response to a
solicitation_ ,f and when awarded a county contract•the prime will be asked to update the information for the grant compliance files.
ETHNICITY CODE
Mid,Srt,..-}can BA
Hispanic American HA.
Native American NO,
Subcont Ami ncan SAA
Asian-Pacific American SPA
Hon-Minority'Women IW.5'.v
Otter:not of any other group Iista_d 0
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
."AP.To1ENT b3hAE CDa Er CC'.TR.:TP I,FS"RE Pe POfRIS GPAtli PRQGF t1,..D°.-F„,
ACCEPTED BY. • DATE
__ EXHIBIT I-10 —_
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
LOBBYING CERTIFICATION
(To be submitted with each bid or offer exceeding$100,0001
The undersigned [Contractor] certifies, to the best of his or her knowledge,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et
seq., apply to this certification and disclosure, if any.
Superior Landscaping & Lawn Service Inc.
Contractor(Firm Name)
Signature of Contractor's Authorized Official
Jesenia Otero, Estimating Coordinator
Name and Title of Contractor's Authorized Official
6/4/2024
Date
EXHIBIT I-11
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