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Backup Documents 01/14/2025 Item #16C 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 1 ' 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 routine 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 See attached Insurance Coversheet 2. County Attorney's Office County Attorney Office >119'.5 4. BCC Office Board of County Commissioners ] 1/14,1 5 4. Minutes and Records Clerk of Court's Office tOi . 7/95, 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Su ary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing in rmation. Name of Primary Staff Contact Information Contact/Department Vanessa Diaz/Procurement 239-252-8947 Agenda Date Item was January 14, 2025 Agenda Item Number 16.C.1. Approved by the BCC Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account 23-8095R number if document is N/A ABG Fabrication, to be recorded ABG Fabrication, LLC LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed VD by the Office of the County Attorney. 4. All handwritten strike-throughs 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 VD 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 VD 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's 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! e document approved by the BCC on January 14,2025 and es made NiA is not 8. du during them et ng have been incorporated all g in the attach d d cu et nThe County U't' an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the (( N/A is not L71 BCC,all changes directed by the BCC have been made,and the document is ready for the 54 an option for Chairman's signature. this line. 16C1 FIXED TERM SERVICE AGREEMENT #23-8095R for "Maintenance and Repair of Balers, Compactors, & Roll-off Equipment" THIS AGREEMENT, made and entered into on this Iy day of ,lanJOlr9 20 2-5 , by and between ABG Fabrication, LLC authorized to do business in the State of Florida, whose business address is 4284 Enterprise Avenue, Naples, FL 34104 , (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 U upon the date of Board approval; or} I on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I I Rcquest for Proposal (Rf P). n Invitation to Bid (ITB) # 23-8095R, including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. • The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement [2024_ver.3] 16C1 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): • • ah satisfaction of the County's projcct manager before payment for the fixed price contract th ed 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] 1 6 C 1 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. • Mileage $9:44- -per e- Breakfast $6-00 IL-Lineh $4.4766 Dinner $4.9 9- Afrfare Rental-eaActiztal-re4al-eest-limitect-te-eempaet-er-standafeksize vehicles Lodging cap of no more than $159766-per•-niglt Perking Actual-eestcf-parking- Aettral-eest-ef-eit# • items will be paid only after Contractor has provided all receipts. Contractor shall be 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: ABG Fabrication, LLC Address: 4284 Enterprise Ave Naples, FL 34104 Authorized Agent: Jim Kraffert Attention Name & Title: General Manager/Partner Telephone: 239-330-8796 E-Mail(s): jraffert©abgfabricationllc.com Page 3 of 17 Fixed Term Service Agreement [2024_ver.3] 16C1 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: Solid and Hazardous Waste Management Division Director: Kari Hodgson Address: 3339 Tamiami Trail E Naples, FL 34112 Administrative Agent/PM: Robert Lee Telephone: 239-252-7953 E-Mail(s): Robert.Lee@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] 16C1 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. ❑■ 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. this insurance:-Such-insurance shall have limits of not less than $ . - c . C. H fiber Liability: Coverage shall have minimum limits of $ per c4airn- Page 5 of 17 Fixed Term Service Agreement [2024_ver.3] 16C1 F. ❑■ Garagekeepers/Bailee : Coverage shall have minimum limits of$ 1,000,000.00 per claim. • 3na11-f€vc minimum limit3 of$ per claim/Occurrence. Il. n : Cover •c 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.31 16C1 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 Solid and Hazardous Waste Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ■ Exhibit A Scope of Services, Exhibit B Fee Schedule, RFP/ n ITB/n Other #23-8095R , including Exhibits, Attachments and Addenda/Addendum, n subsequent quotes, and[ Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Agreement [2024_ver.3] 16C1 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(ccolliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the 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 8of17 Fixed Term Service Agreement [2024 ver.3] 16C1 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. ❑■ 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 9of17 Fixed Term Service Agreement [2024_ver.3] 16C1 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. n TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. • 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] 16C1 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. KEY PERSONN e utilized for this-project-sha Page 11 of 17 Fixed Term Service Agreement [2024_ver.3] 16C1 • 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. of a take precedence. n 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 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] 16C1 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�colliercountvfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. 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 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] 1 6 C 1 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. Kinzgil,,Qerk of the Circuit COLLIER COUNTY, FLORIDA Court f's By: too /. By: _ „ 11117 - Dated: "lotNdl.40.-4/14JA-t, Burt Saunders, Chairman N. (SE )'••••Att6A4E to Chairman's •i'stj -)signature only AtTC.;F-aoncation7LLt, — Contractor's Witnesses: Contractor - - COlitlactor's First Witness Sionatuie /t)D' IZ 'I-Type/print signature and title TTyperprint witness name Con ractors Second Witness /26?4,pt'' Zyi z/z 2 rType/print witness name pproved s a, d Legality: • , Count Attorney - IP Print Name Page 14 of 1.7 Fixed Tern]Service Agreement r" [2024_veil] oil 16C1 Exhibit A Scope of Services • following this page (containing 6 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement [2024_ver.3] 16C1 Exhibit A Scope of Services DETAILED SCOPE OF WORK The Solid & Hazardous Waste Management Division is seeking qualified Vendors to provide required routine, preventative maintenance, repair services, and replacements for County owned balers, compactors, and roll-off equipment. 1. LOCATIONS&EXAMPLES The listing below contains locations and examples of County equipment to be maintained under this solicitation. Naples Recycling Center: 2640 Corporate Flight Dr. Naples,FL 34104 • Horizontal Baler(Make: International Baler/Model:EXP-865-75) • 2YD Stationary Compactor(Make:HESCO/Model:H600) • Roll-off Containers(Open Top,Enclosed Recycling,Receiver Boxes—various sizes)Welding,&minor repairs(wheels,hinges,doors,floors,etc.) • Roll-off Truck Body repairs(Cable hoist,Auto tarper,Hydraulics,etc.) North Collier Recycling Center: 9950 Goodlette Frank Rd. Naples,FL 34109 • 2YD Stationary Compactor(Make:IES/Model: HE10561) • Vertical Baler(Make:PTR/Model:2300 HD 60") Marco Island Recycling Center: 990 Chalmer Dr. Marco Island,FL 34145 • 5YD Stationary Compactor(Make:Marathon/Model:RJ550) • 2YD Stationary Compactor(Make:IES/Model:HE10561) • Vertical Baler(Make:PTR/Model:HE10561) Tim Nance Recycling Center: 825 39'h Ave.NE Naples,34120 • Vertical Baler(Make: Bace/Model: V630CC/Serial:V630CC1007536) 2. PREVENTATIVE MAINTENANCE 2.1. Preventative maintenance may include: • Evaluate overall equipment condition. • Verify that all safety decals are in good condition. • Test and verify the operation of safety features. • Thoroughly inspect the cylinder welds and seals. • Grease all fittings. CA 0 16C1 • Inspect all hoses and crimps. • Inspect all hose clamps and tighten them as needed. • Inspect motor for signs of wear or end-of-life conditions. • Inspect the pump for leaks or signs of failure. • Inspect oil level and general condition. • Inspect and replace(as needed)hoses,fluids,and filters. • Clean power unit. • Grease and lube proper areas for maximum performance and longevity. • Change oil and hydraulic fluid as recommended by the manufacturer. • (Optional)Perform oil analysis by an independent laboratory. • Operate gauge and verify that there are no leaks and operational. • Set all Pressures. • Adjust Limit Switches as required. • Inspect ram or platen guide systems. • Inspect all control box switches and verify all are operational. • Inspect the motor starter. • Inspect motor starter overload. • Inspect and test Emergency Stop Switches. • Inspect all electrical connections and tighten as needed. • Inspect wiring for signs of damage. • Perform structural inspection of equipment. • Verify that all safety covers are secure and properly positioned. • Inspect all loading doors and related safety switches. • Provide training to personnel on site during visit. • Verify area near the equipment is clear of debris or improperly stored material. • All deficiencies communicated and solutions discussed. 2.2. The Vendor must provide a master schedule for all expected maintenance days. 2.3. For each site visit, the awarded Vendor will provide an Equipment Service Report. The Report should include the following: • Record of inspection including all findings/remarks for each piece of equipment • All preventative maintenance items completed • Recommend repairs,if applicable The Equipment Service Report must be completed and submitted by Vendor to County Representative upon preventative maintenance completion or within three(3)business days if repairs are recommended. Note: Failure to provide the completed,signed and dated report may delay the Vendor's payment. 2 CAO 16C1 2.4. The Vendor shall use a County provided Equipment Service Report if requested to do so by the County. 2.5. Monthly, quarterly, and annual preventative maintenance services are anticipated for all balers and compactors;however,the service shall also be as needed. 2.6. If,during the preventative maintenance,the vendor determines a need for repair or replacement, follow 3. Repairs&Replacement below. 3. REPAIRS&REPLACEMENT 3.1. Repairs may include: • Welding,fabricating,metal cutting/patching. • Safety guard repair or replacements. • Hydraulic system repairs(cylinders,hoses,etc.) • Electrical controller system repairs. • Replacement components/parts(couplings,bearings,switches,etc.) • Pump and motor repair. 3.2. If a repair is recommended,the Vendor will provide a quote to the County Representative within three(3) business days from the date of the inspection,unless it is determined to be an urgent repair,then the Vendor shall work with the County Representative for a quick resolution.The Vendor must be able to work with scale software and other county agencies,when necessary,for problem-solving. 3.3. Should minor repairs or replacement parts be required or recommended by the Vendor while performing the preventative maintenance,and the Vendor is able to repair or replace during the preventative maintenance service,the Vendor shall provide a quote for any parts and labor related to the minor repair or replacement in writing prior to the repair and obtain the County Representative or their designee's approval.Labor rates and markup shall be in accordance with the fee schedule. 3.4. No single quote for a single repair/replacement project shall exceed$200,000.The County does reserve the right to competitively bid any repair or replacement project,if deemed in the best interest of the County. The County also reserves the right to separately purchase equipment required for the job and may request the Vendor to provide delivery and installation services. 3.5. The County Representative shall determine if the quote provided is fair,reasonable and within an acceptable spend threshold. 3.6. Labor rates and applicable markups shall be in accordance with the Fee Schedule. 3.7. Hourly labor rates shall be inclusive of all overhead, insurance,profit,travel, and use of company owned equipment(excluding rental equipment). 3.8. Should the Vendor need to hire a subcontractor,the subcontractor charges may be invoiced at cost plus 15% markup. A copy of the subcontractor's invoice shall be required with the Vendor's invoice. The subcontractor's hourly rate may not exceed the Vendor's hourly rates listed on the fee schedule. 3.9. Parts and materials may be invoiced at cost plus 10%markup. Parts/materials with a single item amount of$500.00 or more shall require the Vendor to provide backup documentation. All shipping or freight charges must have backup documentation.Should the Vendor need to rent equipment to complete the project, rental charges may be invoiced at cost plus 10%markup. A copy of the rental receipt showing the cost shall 3 16C1 be required with the Vendor's invoice.Ancillary charges may be transferred to the County in the actual amount;however,mark-ups will not be allowed on taxes,freight/shipping,and/or permits. 4. SERVICE CHARGE Should a service truck with specialized equipment be needed,the vendor may charge a Service Truck Charge per day regardless of how many sites are visited,in accordance with the Fee Schedule. This charge shall include all expenses related to the service truck,such as tools,equipment,fuel,travel time,and insurance. Additional labor rates may still apply in accordance with the Fee Schedule. 5. SHOP CHARGE Should the vendor need to repair the equipment and/or components in their shop, the vendor may charge a Shop Charge per the Fee Schedule that shall be all-inclusive of any equipment used, insurance, and transport of the equipment/components to and from the shop. This charge shall be a per-day fee for the time the equipment/components are at the vendor's shop being repaired.Time justification may be required.Additional labor rates may still apply in accordance with the Fee Schedule. 6. EQUIPMENT&PARTS 6.1. All equipment and parts provided and installed by the Vendor under the awarded contract shall be new and free of defects and may require County approval prior to installation.It is the intent that all digital and mechanical components will be purchased under the awarded contract.Equipment and Parts may include,but shall not be limited to: • Replacement balers,compactors,and/or roll-off equipment • Components,hardware • Power units • Lights • Terminals • Safety guards • Control box • Containers • Casing/Housings • Pumps • Cylinders 6.2. At a minimum,replacement parts and/or maintenance materials shall be based on the manufacturer's recommendations. 7. WORK HOURS AND CONTRACTOR CONTACT 7.1. Normal business hours shall be 7:00am to 5:00pm, Monday through Friday, excluding County observed holidays.After hours are considered to be requests outside of the normal business hours, weekends and County observed holidays or in the event of a declared local state of emergency and vendor shall be paid 1.5x straight time applicable in accordance with the fee schedule. 7.2. The Vendor shall provide a company contact name,phone number and email address for all requests and shall be available twenty-four(24)hours per day,365 days per year. 4 CAO 16C1 7.3. The County will issue a Purchase Order prior to commencement of work.No work shall be performed until the Vendor is in receipt of an approved purchase order. 8. RESPONSE TIMES FOR REPAIRS/REPLACEMENTS 8.1. Normal Request • Vendor shall acknowledge a request for quote via email or phone call within twelve(12) hours from the time the County issued the request. • Vendor shall provide a written quote to the requestor via email within three(3)business days of the initial request from the County. • The County may request that the Vendor start work within two (2) business days after a valid Purchase Order has been e-mailed to the Vendor by an appropriate County Representative. 8.2. Urgent Request • Vendor shall acknowledge an urgent request via email or phone call within one (1) hour of the request being sent by the County. • Vendor shall be on-site within three(3)hours after the County's initial request.A response time that exceeds the three(3)hours must be approved by the County Representative. • Vendor shall be paid 1.5x straight time hourly rate(s) in accordance with the fee schedule for urgent requests regardless of the day or time the work is performed. 9. PRICE MODIFICATIONS 9.1. Any requested adjustment shall be fully documented and submitted to the County no less than thirty(30) days prior to the contract anniversary date based on the percent change(up or down)of the Consumer Price Index (CPI). Retroactive price adjustments are not authorized. All requests must be submitted to the County Representative or designee. Any approved cost adjustments shall become effective as of the anniversary date or upon Procurement Director/Board approval. • Contractor shall provide supporting documentation justifying price increases (examples: Contractor's material agreements,distributor invoices,proof of fuel increases,etc.). • County Representative or designee shall analyze prices to determine if increases are fair and reasonable using the following methods: price competition(reviewing competitive bids or offers), market prices,historical prices,or independent estimates. • Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. • The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance,as amended.The bid tabulation shall be modified with the price increases, or an amendment process as required,and uploaded into the County's Finance system. • Price increase requests are not guaranteed.If approved,the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. The County may, after examination, refuse to accept the adjusted costs if they are not properly documented, considered excessive,or if decreases are deemed insufficient.In the event the County does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the County,a contract termination will have to be processed. 5 CAO 16C1 10. SAFETY 10.1.The awarded Vendors shall comply with all Occupational Safety and Health Administration(OSHA), Environmental Protection Agency (EPA), the National Institute of Occupational Safety Hazards (NIOSH),the American National Standards Institute(ANSI),the National Fire Protection Association (NFPA), the Crane Manufacturers Association of America, Inc. (CMAA), National Electric Code (NEC), American Society of Mechanical Engineers (ASME), State and County regulations while performing work under the resultant Contract. Vendor 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. 10.2.Barricades shall be provided and utilized by the Vendor when work is performed in public areas, or when deemed necessary by the County. 10.3.Hazardous conditions shall he immediately reported to the County. 6 CA 16C1 Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 Fixed Term Service Agreement [2024_ver.3] 16C1 ITB #23-8095R Maintenance and Repair of Balers, Compactors, and Roll-off Equipment Exhibit B Fee Schedule Description Unit Unit Price Supervisor Per Hour $ 150.00 Service Technician Per Hour S 125.00 Service Truck Charge:Includes Welder,Air Compressor,Tools,Fuel,Travel Time,and Insurance Per Service $ 600.00 (One charge per day regardless of how many sites are visited) Shop Charge:Includes Welder,Air Compressor,Tools,and Insurance(Charged per in shop Per Service $ 640.00 service/day) Markups for Repairs and Replacements Parts and Materials Markup Percent 10% Rental Equipment Markup Percent 10% Subcontractor Markup Percent 15% After hours and urgent work 1.5 X Straight Time Hourly 16C1 Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances 11 ■ following this page (containing pages) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement [2024_ver.3] 16C1 EXHIBIT 1 FEDERAL LRAL 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 i Purchase Order. Compliance with Federal Law,Regulations and Executive Orders:The Sub-R.eci;ie nt(County)agrees es to include in the subcontract that (i) the subcontractor is hound by the teens of the Federally-Funded Suh'ward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (in) the subcontractor shall hold the Division and Sub-Recipient harmless against at deers s 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 arid performing any and services under this contract in accordance with the following governing regulations along with aU applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 2 C.F R. Part 200 Uniform Administrative Requirements, Cost Principles: and Audit Requirements for Federal Awards 44 C F.R. Part 206 The Robert T. Stafford Disaster Relief and Emergency Assistance Act: Public Law 33- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 16C1 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 wlrrch 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, wvomen's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement aware, 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, • OHS Seal, Logo, and Flags: The contractor shall not use the OHS seal(s), logos,crests, or reproductions of flags or likenesses of OHS agency officials without specific FEMA pre- approval. The contractor sholi include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the resn- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference tsr 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: "Proauced in the United States" means, for iron and steel products, that al 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 te 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 producer in the performance of this contract. Data, as used herein, shalt include any work subject to copyright under 1 r` J.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, gelid enetlor video roc:ordinge, and orchitccturol•rvurky, Upon ui uefute ri tt curnpi uor. Ot ties contract, toe 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 CA 0 16C1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaui; 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. el) 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.ent;ties 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 or 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: (Li. 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 cf any system during x;ntr ct r prforrnanr_F,, nr thca contractor is notifiod of ouch by to ouboontrocacr cat any ti-:f ar by oriy i:.tliei source, the contractor shalt 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 mart t zo i,,irer EXHIBIT I 3 16C1 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 effort, that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (et) Subcontracts. The Contractor shall insert the substance of this clause, including this paragr.aph(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 cur tractors 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. 160 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 anclor debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 130. 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 itemrr, is available at EPA's Comprehensive Procurement Guidelines webpage: rutp,:lYwwvisepa.govismmlcomprehensive- procurement-guideline-cog-program. The Contractor also agrees to comply with all other applicable requirements of Section (3002 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-t_.ohbyino Amtandmwnt (31 U.S.C. 5 1362 (as monded) (over $100,000), cusitrdLtors wi u apply or bid for an award of S100,000 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.0 § 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 G 10 n 6 C v EXHIBIT FEDERAL CONTRACT PROV|S|ONSANDAS3URAMCES ____ Oont,raoto/smue1uignendoubmhacertJ|catioo1n ,heCoun\yw'theaohbidorofferexceeding51O0.0O8- 3meCertihuohnnoand Assurances and the end of this do^ymeni Contract Work Hours and Safety Standards Act (48 U.S.C. 3701'3708) (over $100.000): Where applicable` all contracts awarded by the au|iohm/ in exceae of $100000 that invo|ve the employment of mechanics or laborers must include a provision for compliance with 40 U,S,C 3702 and 3704. a� oupp|amentadby Department of Labor regulations (2QCFR Part 5). (1/ {}vertimerequirements. No contractor or subcontractor contracting for any part of\haoontnsc{wmrk which may require o/ involve the employment of laborers ormechanics shall eqw)naor permit any suox |abu"a/n/ mechanic in any workweek in which he or she is employed on such work to work in excess, nf lo,fy hours in such workweek un|000 such |abonaror mechanic receives compeoaatino at rate nut |oos Uier one and one-half times the basic rate of pay for all hours worked in excess of forty Unu/u in zuoh workweek (2) Vm\ation. |iabi|hyfor unpaid wages� liquidated damages. In the event of any vio|u1mn cd�he u|muae sptforth in paragraph (1)ofthis section the contractor and any subcontractor responsible manstr,aha|| be liable for the unpaid wages. In adUhion, such contractor and subcontractor shall be liable tothe United States On the case cd work done under contract for,the OiytricfofCo|umbia or territory. to such L1sb,c/or to such territory),for liquidated damages. Such liquidated darrages s�ail be computed with, respect to eacr, individual laborer o, meohanic, including watchmen and guards, employed in violation of the c|awse set forth in paragraph(1)of this section, in the sum of$27 for each calendar day on which such indmidum|wam re4mnsd o, permitted to work in excess of the standard workweek of forty hours Without payment ufUhe overtimwxm0eoo*quinedbythadaumesellhzrth }npu/agraph (1)of\hinsectinn (3) Withholding for unpaid wages and liquidated damages. The County o, FEMAshall upon .t* own acx.onor upon written request ofun authorized representative of the Department n/Labor witnho|dorcauve iobowithheld, from any moneys payable on account of work performed by the contractor or subconvac1c,- uznder any such contract or any other Federal contract with the same prime contnactuc or any *her federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which ie held by 1h� uam� prime contractor, such sums as may be determined to be necessary to satisfy any |moUidea of such con-racto/ or subcontractor for unpaid wages and liquidated damages as provided in the clause asx forth m paragraph (2)of this section. (u) Subcontracts, The contractor or subcontractor shall insert in any subcontracts the clauses set in paragraph (1) through (4) of this section and m clause requiring the subcontractors to in u|ude U,eoo dauuea in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the o|auoeu xo\ forth in paragraphs through <4> cd�he section," For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subieu to |ha other statutes in 20CF,R § 51 "Further Compliance with the Contract Work Howe and Sahyy Standards Act. (1) The contrautoro/ subcontractor shall maintain payrolls and basic pay/n!l records during \he course of the work and shall preserve them for period of three years hom the completion of the contract fmrall |nuorempvd mp.rhn"/ru, /nr/"a/"n o.."~� ="u °p»c^,.o". .°*.."s on ,hn ==","o, o"u, °/=n onntain the name aoc"I address of each such emp|oyeo, social security number, correcidaamhcabuno, hou'y rates of wages paid, daily and weekly number ofhuumworked, c1eduCtionsmade. and actua|wages paid i2)Pecords to be maintained under this provision shall be made available by the contractor or subcontractor for inspecxion, oopying, or transcription by authorized representatives of the Oeparltmen/ of Hume�wng Security. the Federal Emergency Management Agency. and the Department ofLabor, and the contractor or subcontedorvvi|| permit such representatives to interview employees during working hours on the/sb ��. � [XH0IT|'5 CAO 16C1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over$150,000): 1. The contractor agrees to comply with ail 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 rncs;sue 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 ail 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 S`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 tree contract, all claims, counter-claims, disputes and other matters in question between the :,caai government and the contractor, arising out of or relating to this contract, or the breach of it will be decided i y 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 all contracts that meet the definition of"federally assisted construction contract" in 41 C,F.R. 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 snail .include. but not be limited to the following. Employment, upgrading, demotion, or transfer: recruitment or recruitment advertising: layoff or termination; rates of pay or ether forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment, ent, 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 disclos.ed 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 appIH4nts .9s :3 Nut of such Pmprrlygr4'c j'.,h functionc d+cclococ thy compc.rlso boil of . u10I1 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 web 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 `'ii\/ 16C1 EXHIBIT! 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 canceied, 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 r� Executive Order 11246 of September 24, 1965. or by rule, regulation, or order of the Secretary of Labor, tar as otherwise provided by law. {ff) The contractor will include the portion of the sentence immediately preceding paragraph r,'t) and the provisions of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by ruies, 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 1 6 C 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES „ . ... . . Compliance with Federal Law, Regulations,And Executive Orders and Acknowledgement of Federal Funding Certification 1-hiS is an acknowledgement that FEMA financial assistance will be used to fund all or a portion at 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 ('I) 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 (ii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of toe 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 thls agreement. Cin behalf of my firm. I acknowledge: the grant requirements identified in this document Vendor/Contractor Name A.1361 F4 er41:::e A -ni--0 n) :.-.) LL C- Date '1 1272•°7-q ........ ---------- /) ,,,---- --- Authorized Signature ....— EXHIBIT I-8 CAO 16C1 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 a+ 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. Where the Sub recipient's subcontractor is unable to certify to the above statement.the prospective contract shall attach an explanation to this form. r:ONTRACTOR By SignatUre Name and Title " ( Z1�,1fk p -5rl Al� Street Address -� � /114 c_) 1 -731 Li City, State, Zip 1-10, 7Apt 9) psL1 UEI Uniqu Entity Identifier(for SAM gov verification) Date tzco-Recipient Name: Collier County Board of County Commissioners OEM ontraciNumber TBD F EMA Project Number. TBD EXHIBIT I .a CAD 1 6 C 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES I —„,.......6 (0111FR COUNTY i ANTIC IPA]ED DISADVANTAGED,MINORITY,WOMEN OR VI"[[RAN PARTICIP,A, .1.4tus,..0 13e 44.44Wg-i an,R4';',1411,4‘410444,42%aq 'f.r4u.de tlt,PR f.42 tr,..,-..%ex pry.....:k d riNtswstx,i-rovyrazq:w1I.0.43do, Oiti7..01401iti ORAtt" tf Pg'Lit Ft 1.I.'44)2,44BER C<..111,44,CT M01.I.A,R AMOWV" 5, 1-(7- .-.1. 7)7 Y172, I , 4 `2,,".14 oRI,Ift ,i0P0A-CZPilfift,i,..=.....W.),,A,241.14,;ED 01111,V40 04 r...rpa 4‹me r oF rt444;f.,OPV^S.4,7- 1 0 I,Ckg WOVE'.et.05,Nt.Y.,E,N7Eftf,P SE1 ,Atf'WtiE.Of.13..1 4 SN1Ai 5 NS:4D,q4,24TAGED CflillPfikSX:jj'E VAA/1 P44444.4,41SS 4,44,24,4% IPAT4Y44 A iTOwf,P:,,,,Aftl f P,irEr.a N, Mit/ , 44 CONfr7g,A TON',' ca...A.A.TATTAV 0'-',;0'0., c..,". •(',,,.) .,. 1., I,- r rs n.V5,,,,,,hmeir.A.Nsa 4 REVIS70/14' f. ey f4;* t„ , ' NTAttl) - „yatOWN,-OWNEA SMAtt 1 '14,44 ' , , iffitiME ,TO commErt PA 11.4Krakai.:, no kiNmf, SAMs'iONIVACt OR OR SUPPLIER TYPE OF WOW OP 4 VorrP,'rtY r43pt susiSUPPI1FR Pt ftf.t,,,r L-44. VT ItiZAN NAM SPEC4A2.21, rSpplr4g40441 . POLLAP 1444,440044 4 ULL UAW, 4 ....._ t-----_-_. _ 1.- * . - ( _ ? 70141, i .. 0 5 '''' '' ' '''''. '''. it-0 '''' .•* • • e -.'• 2 i'.,' TEOIXY ' " ''VENDOI;MCCOOTRA rk,-"/TT -- 4 kWh%OF 9,1464440T r2 42 V4TE I'm i..ca WI.,tri I* ... "S 1- i — 11l(ati-er"‘t 4it Vox-111P r .. ,...... 2 44.4.4-,4,44 Apt;442f Si r.41,4444424i/s442414.44171g, ITLEPPONE N1.4,4,4'1414 r AP NUMBER- 1 _ $ 0 atif f 'f,,,'7—co,,,At‘F A eRzc A T+0•QqC t 2 39-330 — e, • , T4444,lIfrar44,44144424 n used to traci i'ici repan antiapattil DW'or XAEE r'iensp,stcri i.fe wteee-fortzeo Lettereee the a004,..itr,d Diq. MU atwount IS"40`101121n, 4C1 WO/WO eezarne past&the catitractu.,TeTr^r,s -Ns t:xm fIN.1.5`..b,.'',LtV'Perte:".."',I,loro,ir>tN,ANA.-,e ,...,. 144C/TAOKlill f aarti e,Itto aoteded a 4.°one, :,;)nr, st the m-re de;he a sFtd to_spdate toe'esfottnels4,41 to:toe gf ape'toteeeame 177874Ar iiiiiii, ...ii'm7.7"--‘tvg-, , ..' ., •,-,, ----, ti.ark Argasilt-al erA . ,.193,1811C ArE:t:...Z, A , 1 1 , AatroP iskrisri' Si= Ittixotte,ItstaA.44r*Ft:er — -- ASOV$41erit irwencar, AP da ' ',r,r*Mowrstv Woosorsi 141.4,4 1 :Motes Nat I”44.rit,elbomplotiplate54.,_..,, 0 , ' 4, D str.rtrukuret ult.tvie(oft** „ %.• --, I,' ' ,r., ' '' , , '.0' :.,.,&,.<,'"'°„,,,•.:.',; ,f W",14d,iiki - '''' `",Tio- „-, , , ,„. '.:,... ,- .„ .t..,, "• ,.,-,,„Me, ,„,,q-',„,,„„ ., ,Vi„,--., ,, DEftklikilfexii';',.......tet COWER CON113¢441#of litaff....PO,Pets tt.'RANT Pfgr'4G4242.44A/CO24-242,441 ....— - , 1 — -----1 PIED VA" 1 ; EXHIBIT 10 CAO 16C1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding$100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: . No Federal appropriated funds have been paid or wit 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 enterino into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal coati act, grant loan, or cooperative agreement. 2. if any funds other than Federal appropriated funds have been paid or will be paid to any person foi 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. Iran. 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 subawords at ail tiers (including subcontracts, subgrants. and contracts under grants, loans, and cooperative agreements) and that at subrecipients shall certify and disclose accordingly. .fr,'s 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 transacton impccsed by 3'1, 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 St20°200 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its cent ficahcr and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U S.C. § 330 1 at seq apply to this certification and disclosure, if any. Contractor (Firm Na_r. __ Signature oTC'Z5t1Tf is Authorized Official t� �ti� .eri 1v� T HrlOI Q Name and Title of Contractor's uthorized Official 7/77 Date _..........._- EXHIBIT I- 11 CA 16C1 AFFIDAVIT REGARDING LABOR AND SERVICES Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed,or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Nongovernmental Entity's Name: ABG Fabrication, LLC Address: 4284 Enterprise Ave, Naples, FL 34104 Phone Number: 2393308796 Authorized Representative's Name: Jim Kraffert Authorized Representative's Title: GM/Partner Email Address: jkraffert@abgfabricationllc.com AFFIDAVIT Jim Kraffert (Name of Authorized Representative), as authorized representative attest that ABG Fabrication,LLC (Name of Nongovernmental Entity)does not use coercion for labor or services as defined in§787.06, Florida Statutes. Under penalty of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. 01/09/2025 (Signature of authorized representative) Date STATE OF f COUNTY OF "-‘,)1 ( r.: LA Sworn to(or affirmed)and subscribed before me by means of❑ physical presence or❑online notarization this L 1++i day,of ,20 Ti by)tu ttl.S Y r c (i (Name of Affiant),who produced their-Vt. I),Lko,, f'11C. as identification or .re •-r a•ally 'ow• to me. f ' I Not.'"!Public(net -quired when:ital) — ;��r MANUEL E DELGADO `' Notary Public-State of Florida 01/09/2025 mc, aq • g � �, Commission I HH 532820 Commission Expires J MY Comm.Expires May 29,2028 Personally Known ❑ OR Produced Identifiiccation/16 Type of Identification Produced: Al I)Mi �_ L 1 0 CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version:2025.1 CP