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Agenda 03/11/2025 Item #16A13 (Award Invitation to Bid 25-8332, “Purchase of Mulch and Pine Straw,” to Forestry Resources, LLC, d/b/a The Mulch and Soil Company)3/11/2025 Item # 16.A.13 ID# 2025-811 Executive Summary Recommendation to award Invitation to Bid 25-8332, “Purchase of Mulch and Pine Straw,” to Forestry Resources, LLC, d/b/a The Mulch and Soil Company, and authorize staff to issue a standard County Purchase Order for the procurement. OBJECTIVE: To provide mulch and pine straw for County parks and playgrounds. CONSIDERATIONS: The Collier County Parks and Recreation Division maintains over seventy locations throughout the County. Mulch and pine straw are necessary to prevent moisture retention and to help maintain the parks and playgrounds. On November 22, 2024, the Procurement Services Division released Invitation to Bid (“ITB”) No. 25-8332, “Mulch and Pine Straw”. The County received two bids by the January 6, 2025, deadline as shown below: Respondents: Company Name City County State Bid Amount Responsive/ Responsible Forestry Resources, LLC d/b/a The Mulch and Soil Company Fort Myers Lee FL See Bid Tab Yes/Yes SiteOne Landscape Supply, LLC Cleveland Cuyahoga OH See Bid Tab No/Yes Staff recommends awarding ITB No. 25-8332 to the lowest responsive and responsible bidder, Forestry Resources, LLC d/b/a The Mulch and Soil Company (“Forestry Resources”). Staff found SiteOne Landscape Supply, LLC non- responsive because its bid schedule did not meet the requirements outlined in the solicitation. Forestry Resources is the incumbent vendor and has provided services for the County since 2001. If the Board approves the recommended award, staff will issue a Purchase Order containing the County’s standard terms and conditions to serve as the contract for this award. Subject to Board approval, the Purchase Order would be effective April 13, 2025, following the expiration of the existing Purchase Order, No. 20-7816, which currently serves as the Agreement. The new Purchase Order issued for this award will be for three years with two one-year renewal options. Prices will remain firm for the first year of the award. This item is consistent with Collier County's Quality of Place strategic plan objective to preserve and enhance the character of our community. FISCAL IMPACT: Funds are available in the Parks and Recreation Division Cost Centers 156332 and 156338. Estimated expenditures are $100,000 and may vary annually. GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATIONS: To approve the award of Invitation to Bid 25-8332, “Purchase of Mulch and Pine Straw,” to Forestry Resources, LLC, d/b/a The Mulch and Soil Company, and authorize staff to issue a standard County Purchase Order for the procurement as set forth above. Page 649 of 4027 3/11/2025 Item # 16.A.13 ID# 2025-811 PREPARED BY: Prepared by: W. Eric Short ATTACHMENTS: 1. 25-8332 Solicitation 2. 25-8332 NORA-Signed 3. 25-8332 Bid Tabulation 4. 25-8332 COI in Compliance Packet 5. 25-8332 Forestry Resources, LLC_Proposal Page 650 of 4027 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR MULCH AND PINE STRAW SOLICITATION NO.: 25-8332 BARBARA LANCE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8998 Barbara.Lance@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Page 651 of 4027 SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 25-8332 PROJECT TITLE: MULCH AND PINE STRAW DUE DATE: DECEMBER 30, 2024, AT 3:00 PM EST PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://procurement.opengov.com INTRODUCTION As requested by the Parks and Recreation Division (hereinafter, the “Division”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commis sioners Procurement Ordinance. Historically, County departments have spent approximately $100,000; however, this may not be indicative of future buying patterns. BACKGROUND Collier County Parks and Recreation Division is seeking bids for the purchase and delivery of mulch and pine straw to Collier County Park locations. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options. Prices shall remain firm for 365 days from the contract commencement date . Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written not ice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in ef fect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: ➢ The County’s Procurement Services Division reserves the right to clarify a vendor’s submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: • Lowest Price per Line Item ➢ Collier County reserves the right to select one, or more than one supplier, award on a line-item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Identify a Primary, Secondary, and Tertiary Awardee per Line Item Page 652 of 4027 o Should the Primary Contractor not be able to provide the services within the time period or is unable to perform the normal or urgent requests, the Division reserves its rights to move to the Secondary, as necessary. The County reserves the right to seek services outside of the contract if the Primary or Secondary are unable to perform. ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation . DETAILED SCOPE OF WORK 1. Scope of Work: The purpose of this Invitation to Bid (“ITB”) is to enter into an agreement with Contractors to provide mulch and pine straw to multiple park locations on an “as-needed” basis. The County will have the option to pick up or have items delivered in accordance with the resultant fee schedule. 2. Material Requirements: At a minimum material must comply with the following: 1. International Play Equipment Manufacturers Association (IPEMA) Certified. 2. American Society for Testing and Materials (ASTM). No material shall contain chromated copper arsenate (CCA). 3. Product Specifications: Packaging for cubic foot bag shall consist of 2.75 mil bag thickness. 3.1. Brown Cocoa Mulch ▪ Mulch shall contain only natural wood fibers, must be contaminate free, and cured to eliminate seed germination of invasive plants or weeds. ▪ Material must be shredded to a size no larger than three and one -half inches (3-1/2”) and not too thin that it degrades rapidly. ▪ Mulch pieces exceeding three and one-half inches 3-1/2” must be removed. 3..2 Play Safe Plus Mulch ▪ Mulch material shall not contain CCA. Product test data shall be included with bid submittal. ▪ Surfacing shall be IPEMA-Certified Engineered Wood Fiber. Standard wood chips, bark mulch, or material manufactured from recycled pallets are not acceptable. ▪ Surfacing shall be manufactured from virgin wood fibers and shall comply with the sizing requirements outlined in accordance with the procedures outlined in ASTM F2075. ▪ Engineered wood fiber shall not contain twigs, bark, leaf debris or other organic or inorganic material incorporated within such as soil, sand, or gravel. ▪ Supplier shall provide test results for impact attenuation to show compliance with ASTM F1292 Standard Specification for Impact Attenuation for Surface Systems Under and Around Playground Equipment. 3.3 Pine Straw Mulch Bale ▪ Material shall be 100% Pine Straw, relatively free of sticks, leaves, and debris. ▪ Bale Size: Minimum 14” x 16” x 30” or equal, twine tied, which will cover approximately 50 to 60 square feet at a two - inch (2”) depth. ▪ The Division is requesting an optional delivery service by semi-truckload stationed at a designated park. A trailer charge in thirty-day intervals shall be provided on the bid schedule. Page 653 of 4027 4. Bid Schedule: 4.1 Unit Price ▪ Contractor prices for cubic yard, two (2) cubic foot bag purchases (pickup and delivery). Delivered pricing is inclusive of all fees to have the product delivered to locations throughout the County. 4.2 Equivalents ▪ Contractors may submit for the County’s consideration, equivalents to the products that are listed with pricing. Contractor offering an equivalent to the product may be requested to submit a sample of the product with specifications prior to issuance of a Notice of Recommended Award (NORA). Equivalent samples shall be requested and submitted to the Procurement Division. The County will determine if the product sample and specifications are equivalent. Contractors submitting an equivalent shall designate as such on the bid schedule. 4.3 Mulch Samples ▪ Upon request, Contractor must supply a mulch sample for each line item submitted. 5. Orders: Divisions will place orders on an “as needed” basis. The awarded contractor shall deliver to any of the locations listed in Attachment A. A response shall be received within two (2) business days of the Divisions initial request. If a response is no t received within two (2) business days, the Division will contact the secondary and then tertiary , if secondary fails to respond within the timeframe. Deliveries shall not exceed five (5) business days from date of order. If Contractor is unable to process the order on time, then the secondary will be contacted and then the tertiary if secondary does not respond. Contractor shall assign an account representatives for order placements, order resolutions, billing, and other related account activities. A name, phone number, and emails shall be provided upon contract execution. The Contractor shall contact the Coun ty representative that placed the order, no less than 24 hours in advance, to coordinate or notify them of the delivery. In the event of a backorder, Contractor shall notify the requestor immediately at the time of order placement or as soon as the Contractor is made aware. The County reserves the right to cancel the backorder and order from the secondary; if the secondary is unable to fulfill orders within the requested timeframe, staff will order from the tertiary . If there is no other Contractor under this agreement, the County may request quotes following the Collier County Procurement Ordinance. 6. Delivery Days/ Hours: Delivery times are Monday through Friday from 7:00 a.m. to 3:00 p.m. EST. There will be no deliveries after 3:00 p.m. EST, or on County observed holidays in which County offices are closed. The Division receiving an order has final authority as to the quality and acceptability of any products. Any product deliver y found to be defective or incorrect (order errors on behalf of the Contractor), shall be returned to the Contractor at the Contractor’s expense. The Contractor shall correct the issue and expedite the delivery within one (1) business day with the correct product at no additional cost to the County. All deliveries shall be Free on Board (FOB) Destination. 7. Price Modifications: The Contractor may request a price increase annually (365 calendar days from the agreement effective/anniversary date). 7.1 Submit price increase requests in writing by email to the County’s Contract Administrator no less than sixty (60) days before the annual contract anniversary date for consideration. 7.2 Price increase requests review may take over sixty (60) days to complete. 7.3 Retroactive price adjustments are not authorized, 7.4 The Contractor shall provide supporting documentation justifying price increases (examples: proof of manufacturer increases in supply cost, the Producer Price Index (PPI) over the past twelve (12) months, supplier material agreements, invoices, fuel increases, or budget availability) 7.5 The Contract Administrator shall analyze prices to determine whether increases are fair and reasonable. 7.6 During the review process, the Contractor shall continue to fill all purchase orders received at the current agreement prices. Page 654 of 4027 7.7 The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The bid tabulation shall be modified with the price increases, or an amendment processed, as required, and uploaded into the County’s Finance System. 7.8 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. 8. Invoices Invoice submission for payment approval must have details of delivery date and items purchased. Submittals shall consist of t he Division name, agreement number, purchase order number, materials purchased to include line -item numbers and descriptions per the resultant fee schedule. 9. Additional Items/Locations Additional items and/or locations may be added to the agreement , in accordance with the Procurement Ordinance and Manual, as amended. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients (during the last five (5) years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of thi s project using Form 4 provided in OpenGov as part of the Required Forms. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevan t project work. Page 655 of 4027 Notice of Recommended Award Solicitation: 25-8332 Title: Mulch and Pine Straw Due Date and Time: January 6, 2025, at 3:00 pm EST Respondents: Company Name City County State Bid Amount Responsive/Responsible Forestry Resources, LLC dba The Mulch and Soil Company Fort Myers Lee FL See Bid Tab Yes/Yes SiteOne Landscape Supply, LLC Cleveland Cuyahoga OH See Bid Tab No/Yes Utilized Local Vendor Preference: Yes No Recommended Vendor(s) For Award: On November 22, 2024, the Procurement Services Division released Invitation to Bid (“ITB”) No. 25-8332, “Mulch and Pine Straw”, to two thousand five hundred seven (2,507) vendors. Three hundred eighty-three (383) bid packages were viewed, and two (2) bids were received by the January 6, 2025, submission deadline. Staff reviewed the bids received. Forestry Resources, LLC dba The Mulch and Soil Company was found to be responsive and responsible with minor irregularities, while SiteOne Landscape Supply, LLC was deemed non- responsive for their bid schedule not meeting the requirements outlined in the scope. The County has elected to not award Line Item 8 for Trailer Charge. Staff recommends award to Forestry Resources, LLC for Line Items 1-7. Contract Driven Purchase Order Driven Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Srnka Date Docusign Envelope ID: F79AFF72-BC9B-400D-9960-8DE0CFD28E9B 1/29/2025 1/29/2025 1/29/2025 Page 656 of 4027 Project Manager: Eric Short Number of Invitations Sent:2,507 Procurement Strategist: Barbara Lance Number of Bids Viewed:383 Number of Bids Received:2 Item Description Unit of Measure Unit Price Equivalent Description Unit Price Equivalent Description 1 Cubic Yard Price - Delivered Each 22.00$ 43.12$ 80-100 cy truckload minimum 2 2 Cubic Foot Bag Price - County Pick Up Each 2.05$ 2.70$ 3 2 Cubic Foot Bag Price - Delivered Each 2.18$ 2.45$ delivered truckload minimum 1400 bags 4 Cubic Yard Price - Delivered Each 26.20$ 54.50$ 80-100 cy truckload minimum 5 2 Cubic Foot Bag Price - County Pick Up Each 3.05$ 3.13$ 6 2 Cubic Foot Bag Price - Delivered Each 3.30$ 2.70$ delivered truckload minimum 1400 bags 7 Bale Price - Delivered Each 6.00$ 3.75$ trailer load 1610-1638 bales 8 Trailer Charge (per thirty (30) day increment)Each -$ -$ Opened By: Barbara Lance Witnessed By: Rita Iglesias Date: January 6, 2025 Unit Prices: Bidder will enter unit prices for cubic yard, cubic bags. Upon request contractor must supply a sample for each line item submitted. LINE ITEM INSTRUCTIONS Forestry Resources, LLC BID TABULATION 25-8332 MULCH AND PINE STRAW SiteOne Landscape Supply, LLC Equivalent: Bidders submitting an equivalent item shall provide equivalent price and equivalent description. Upon request, a sample must be submitted for staff review and approval prior to issuance of a Notice of Recommended Award (NORA). NON-REPSONSIVE Yes REQUIRED FORMS AND DOCUMENTS Bid Schedule Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Affidavit Form 3: Immigration Affidavit Certification Form 4: Reference Questionnaire Addendum ( 1 ) E-Verify Sunbiz Page Vendor W-9 Form 5: Grant Forms Insurance Yes Yes/No Yes Yes YesYes Yes Yes Yes Yes Yes * Minor Irregularity Brown Cocoa Mulch Play Safe Plus Mulch (No CCA, IPEMA Certified, ASTM) Pine Straw Mulch Bale, approximate bale size: 14"x16"x30" Yes* Yes* Yes* Yes/No No Yes Yes Yes Yes* Yes Yes Yes Page 657 of 4027 Project Manager: Eric Short Number of Invitations Sent:2,507 Procurement Strategist: Barbara Lance Number of Bids Viewed:383 Number of Bids Received:2 Item Description Unit of Measure Unit Price Equivalent Description Unit Price Equivalent Description 1 Cubic Yard Price - Delivered Each 22.00$ 43.12$ 80-100 cy truckload minimum 2 2 Cubic Foot Bag Price - County Pick Up Each 2.05$ 2.70$ 3 2 Cubic Foot Bag Price - Delivered Each 2.18$ 2.45$ delivered truckload minimum 1400 bags 4 Cubic Yard Price - Delivered Each 26.20$ 54.50$ 80-100 cy truckload minimum 5 2 Cubic Foot Bag Price - County Pick Up Each 3.05$ 3.13$ 6 2 Cubic Foot Bag Price - Delivered Each 3.30$ 2.70$ delivered truckload minimum 1400 bags 7 Bale Price - Delivered Each 6.00$ 3.75$ trailer load 1610-1638 bales 8 Trailer Charge (per thirty (30) day increment)Each -$ -$ Opened By: Barbara Lance Witnessed By: Rita Iglesias Date: January 6, 2025 Unit Prices: Bidder will enter unit prices for cubic yard, cubic bags. Upon request contractor must supply a sample for each line item submitted. LINE ITEM INSTRUCTIONS Forestry Resources, LLC BID TABULATION 25-8332 MULCH AND PINE STRAW SiteOne Landscape Supply, LLC Equivalent: Bidders submitting an equivalent item shall provide equivalent price and equivalent description. Upon request, a sample must be submitted for staff review and approval prior to issuance of a Notice of Recommended Award (NORA). NON-REPSONSIVE Yes REQUIRED FORMS AND DOCUMENTS Bid Schedule Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Affidavit Form 3: Immigration Affidavit Certification Form 4: Reference Questionnaire Addendum ( 1 ) E-Verify Sunbiz Page Vendor W-9 Form 5: Grant Forms Insurance Yes Yes/No Yes Yes YesYes Yes Yes Yes Yes Yes * Minor Irregularity Brown Cocoa Mulch Play Safe Plus Mulch (No CCA, IPEMA Certified, ASTM) Pine Straw Mulch Bale, approximate bale size: 14"x16"x30" Yes* Yes* Yes* Yes/No No Yes Yes Yes Yes* Yes Yes Yes Page 658 of 4027 INSURANCE REQUIREMENTS COVERSHEET Project Name Vendor Name Solicitation/Contract No. Attachments Risk Approved Insurance Requirements Risk Approved Insurance Certificate(s) Comments Attachments Approved by Risk Management Division Approval: Page 659 of 4027 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/3/2024 Marsh &McLennan Agency LLC 8144 Walnut Hill Lane,16th Floor Dallas TX 75231 Claire Purser 972-207-8116 claire.purser@marshmma.com FCCI Insurance Company 10178 THEMULCHAN Monroe Guaranty Insurance Company 32506TMSCHoldings,LLC Forestry Resources,LLC (See Remarks Section) 4353 Michigan Link Fort Myers FL 33916 Continental Insurance Company 35289 North River Insurance Company 21105 Vantage Risk Specialty Insurance Compan 16275 739953077 A X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 X X GL10007773802 6/1/2024 6/1/2025 2,000,000 Property Damage Ded.10,000 B 1,000,000 X CA10007773702 6/1/2024 6/1/2025 FL PIP 10,000 C D X X 10,000,0007092346004 5228130177 6/1/2024 6/1/2024 6/1/2025 6/1/2025 10,000,000 X 10,000 A XWC0100078185026/1/2024 6/1/2025 1,000,000 1,000,000 1,000,000 E Contractors Equipment IMA2400519601 6/1/2024 6/1/2025 See Limits Below Contractors Equipment -All Risk Per Form Vantage Risk Assurance Company Policy #IMV2300103601 Effective 6/1/2024 to 6/1/2025 Catastrophe Limit -$15,000,000 Equipment Leased or Rented from Others Limit -$500,000 limit per item/$2,000,000 per occurrence Deductible:$10,000,except $50,000 on Grinders,Wood Hogs and Cranes 5%or TIV Per Item,subject to a minimum $25,000 per occurrence as respects Named Windstorm See Attached... Collier County Board of Country Commisioners 3299 Tamiami Trail East,Suite 303 Naples FL 34112 Page 660 of 4027 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: THEMULCHAN 1 1 Marsh &McLennan Agency LLC TMSC Holdings,LLC Forestry Resources,LLC (See Remarks Section) 4353 Michigan Link Fort Myers FL 33916 25 CERTIFICATE OF LIABILITY INSURANCE Co-Insurance -80% Valuation -Actual Cash Value;except Replacement Cost valuation on items 5 years or newer Additional Insured form #CGL026 edition 02/21 applies to the General Liability policy. Waiver of subrogation form #CGL004 edition 02/21 applies to the General Liability policy. Primary &Non-Contributory form #CG2001 edition 12/19 applies to the General Liability policy. Additional Insured form #CAU058 edition 10/22 applies to the Automobile Liability policy. Waiver of subrogation form #CAU058 edition 10/22 applies to the Automobile Liability policy. Primary &Non-Contributory form #CAU082 edition 01/15 applies to the Automobile Liability policy. Waiver of subrogation form #WC000313 edition 04/84 applies to the Workers Compensation policy. The General Liability policy includes a blanket additional insured endorsement to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains an endorsement with “Primary and NonContributory”wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The General Liability policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Automobile Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile Liability policy includes waiver of subrogation wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Automobile Liability policy contains an endorsement with “Primary and NonContributory”wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Workers'Compensation policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. Additional Named Insureds: Forestry Resources Transportation Solutions,LLC Forestry Resources Real Estate Holdings,LLC Suwannee River Mulch,LLC TMSC OpCo,LLC TMSC LandCo,LLC TMSC Holdings,LLC The Mulch and Soil Company Page 661 of 4027 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $__500,000___ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000___single limit 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. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $_500,000___ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. Page 662 of 4027 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "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 Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division. GG – 11/13/24 ___________________________________________________________________________________________________________ Vendor’s Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications, agrees to maintain these coverages through the duration of the agreement and/or work performance period, and that the evidence of insurability may be required within five (5) days of notification of recommended award of this solicitation. Page 663 of 4027 County of Collier, FL Procurement -, - 3299 Tamiami Trail, East Naples, FL 34112 [FORESTRY RESOURCES, LLC] RESPONSE DOCUMENT REPORT GEN No. 25-8332 Mulch and Pine Straw RESPONSE DEADLINE: January 6, 2025 at 3:00 pm Report Generated: Monday, January 6, 2025 FORESTRY RESOURCES, LLC Response CONTACT INFORMATION Company: FORESTRY RESOURCES, LLC Email: kmagee@gomulch.com Contact: Kristine Magee Address: 4353 Michigan Link Fort Myers, FL 33916 Phone: N/A Website: N/A Submission Date: Jan 6, 2025 10:35 AM (Eastern Time) Page 664 of 4027 [FORESTRY RESOURCES, LLC] RESPONSE DOCUMENT REPORT GEN No. 25-8332 Mulch and Pine Straw [FORESTRY RESOURCES, LLC] RESPONSE DOCUMENT REPORT undefined - Mulch and Pine Straw Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Jan 3, 2025 8:33 PM by Kristine Magee QUESTIONNAIRE 1. I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this r esponse on behalf of my company.* Confirmed 2. General Bid Instructions have been acknowledged and accepted.* Confirmed 3. Collier County Purchase Order Terms and Conditions* Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Confirmed 4. Insurance Requirements* Vendor Acknowledges Insurance Requirement and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommended Award. Confirmed 5. Collier County Required Forms BID SCHEDULE* Page 665 of 4027 [FORESTRY RESOURCES, LLC] RESPONSE DOCUMENT REPORT GEN No. 25-8332 Mulch and Pine Straw [FORESTRY RESOURCES, LLC] RESPONSE DOCUMENT REPORT undefined - Mulch and Pine Straw Page 3 Please upload completed Bid Schedule in Microsoft Excel format. 25-8332_Bid_Schedule.xlsx VENDOR DECLARATION STATEMENT (FORM 1)* 2605_001.pdf CONFLICT OF INTEREST CERTIFICATION AFFIDAVIT (FORM 2)* 2606_001.pdf IMMIGRATION AFFIDAVIT CERTIFICATION (FORM 3)* 2607_001.pdf REFERENCE QUESTIONNAIRES (FORM 4)* Vendor submits no fewer than three (3) and no more than ten (10 ) completed reference forms from clients (during the last five (5) years) whose projects are of a similar nature to this solicitation as a part of their proposal. Completed reference forms. 2617_001.pdf GRANTS PROVISIONS AND ASSURANCES PACKAGE (FORM 5)* Complete ALL forms in package. 2618_001.pdf VENDOR W-9 FORM* 2608_001.pdf E-VERIFY MEMORANDUM OF UNDERSTANDING OR COMPANY PROFILE PAGE* Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. 2609_001.pdf 2611_001.pdf Page 666 of 4027 [FORESTRY RESOURCES, LLC] RESPONSE DOCUMENT REPORT GEN No. 25-8332 Mulch and Pine Straw [FORESTRY RESOURCES, LLC] RESPONSE DOCUMENT REPORT undefined - Mulch and Pine Straw Page 4 PROOF OF STATUS FROM DIVISION OF CORPORATIONS - FLORIDA DEPARTMENT OF STATE (SUNBIZ)* http://dos.myflorida.com/sunbiz/ should be attached with your submittal. 2612_001.pdf SIGNED ADDENDA (IF APPLICABLE) 2610_001.pdf MISCELLANEOUS DOCUMENTS, AS APPLICABLE. No response submitted Page 667 of 4027 1E) Colli..r Countv ./ Form 1: Vendor Declaration Statement BOARD OF COUNT Y COMM ISSIONERS Collier County Government Complex Naples, Florida 341.12 Dear Commissioners: The undersigned. as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County. to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub-vendor for any future associated work that is a result of this awarded contract. • ./ IN WITNE SS WHEREOF, WE have herew~to subscribed our names on this Q_pd.... day of ~ \J~ 202..~1 the County of b(-ee.,... . in the State of PLoa.100... . Finns Legal Name fo1es?:1 ~~es~/ OM: Tu, MvlcbaiwlSoiL ~ Address ~JS'?> N\ ,cb~(l,Y\ l\V\\"- City, State, Zip Code: r *. t'v\'\{(~ , f'L ~3q I lo Florida Certificate of Authority Document Number Fcclcrnl Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email· Signature by: (Typed and written) Title: Page 668 of 4027 Additional Contact Info rmation Send payments to: (required if different from above) Contact name: Title: Address: City, Stale, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Company name used as payee t})cis ~o«ewb'no Title: Address: City, State, ZIP 23_7- I /)amesizcA1/v. Nafdt>, fl, 3t//~i Telephone: Email: Page 669 of 4027 €) Collier Countv .) Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules - The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity - The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/ past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information -The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor/ vendor must provide the following: I. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meetingis), docurnentrs) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for fut me solicitations affiliated with the above referenced project(s). By the signature below, the [inn (employees, officers ancl/or agents) certifies, and hereby discloses. that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational. or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Stateof ~ -~------- County of __ Le __ -€/ _ oregoing instrument was acknowledged before me by me~1s of [I] physical presence or□ online notarization, this~ clay · (month),~ 5 (year), by .\<,\:::\!,'.'.) \-, 1\,--e. "'-4....tJ.e< (name of person acknowledging). a~""~M--a.R .. ~ (Signature of Notary Public) ------- ~ Pe,sonally Kn;n 3Pmcluced Identification (Print, Type. or Stamp Commissioned Name of Notary Public) Type of Identification Produced , Notary Public State of Florida , ~ Connie M Oessenko I· , My Commission HH 3621111 • , II Expires 6/11/2027 Page 670 of 4027 ~ Collier County Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.c-verifv.gov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Veri(y Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or withinfive (5) day of the County's No/ice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendmenus), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Ve1ify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. - h ~ 1 piA: ,-,, . 0.,,~ r l>Ye::,--lvi, ,/.#('") llG 17i&m.u m f'..)()Jvttllt . "J f.,£.,,,.:>t T Company Nam ~ /(fist/a& M ~""'' {!,/;J-ltMw._ .CUV:;;' N;;; T:1lc State of -------- County of_~~_£.; _ The foregoing instrument was acknowledged before me b~e~ans of ~1ysical presence or□ online notarization, this---. clay of_ f ~~~onth), ;.;u!>c2::-S (year), by d<..e.., 1 C':..e.... ~¼..?(J <--e (name of person acknowledgmg). G? 4<-A. f' - ~~L✓k?~ ··· (Signature of Notary Public) _,.,.,-- / Personally Known R Produced Identification (Print, Type, or Stamp Commissioned Name of Notary Public) Type of Identification Produced ◄ ~Notary Public State of Florida ◄ Connie M Oessenko ◄ 1111 My Commlulon HH 362911 ◄ Expires 6/11/2027 Page 671 of 4027 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 1 11/24 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 County 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 Page 672 of 4027 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 2 11/24 Access to Records: 1) 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. Buy Clean: The County encourages the use of environmentally friendly construction practices in the performance of this Agreement. In particular, the County encourages that the performance of this agreement includes considering the use of low-carbon materials which have substantially lower levels of embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration. 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 County must obtain written permission from Department of Homeland Security prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. 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. Domestic Preference for Procurements: The Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products. 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. Build America, Buy America Act (BABAA): FEMA Public Assistance Funding is not subject to Buy America preference pursuant the following guidance: Programs and Definitions: Build America, Buy America Act | FEMA.gov 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 Page 673 of 4027 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 3 11/24 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. 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. 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: a. Are not used as a substantial or essential component of any system; and b. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (3) Reporting requirement. Page 674 of 4027 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 4 11/24 (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 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. Providing Good, Safe Job to Workers: Pursuant to FEMA Information Bulletin No. 520, the contractor will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the contractor commits to strong labor standards and protections for the project workforce by creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment laws. The contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest extent practicable. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Socioeconomic Contracting: The Contractor is encouraged to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure small businesses, minority businesses, women’s business enterprises, veteran owned businesses, and labor surplus area firms are considered when possible. Such consideration means: (1) These business types are included on solicitation lists; (2) These business types are solicited whenever they are deemed eligible as potential sources; (3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types; (4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types; (5) Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring a contractor under a Federal award to apply this section to subcontracts. 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 Page 675 of 4027 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 5 11/24 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. Contractors must sign and submit a debarment certification to the County with each bid or offer. See Certifications and Assurances and the end of this document. 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 — a) Competitively within a timeframe providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) 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: Comprehensive Procurement Guideline (CPG) Program | US EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. 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 more than $100,000 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 County who in turn will forward the certification(s) to the federal agency. Contractors must sign and submit a lobbying 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 (CWHSSA) (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). Compliance with the Contract Work Hours and Safety Standards Act. (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 (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the Page 676 of 4027 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 6 11/24 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 watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $32 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 (b)(1). (3) Withholding for unpaid wages and liquidated damages— (i) Withholding Process. The County may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, 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 that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. (ii) (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its reprocurement costs; (C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (D) A contractor's assignee(s); (E) A contractor's successor(s); or (F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. (5) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: Page 677 of 4027 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 7 11/24 (i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; (ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; (iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or (iv) Informing any other person about their rights under CWHSSA or this part.” Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. (2) Records to be maintained under this provision must 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 workers during working hours on the job.” 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. Page 678 of 4027 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 8 11/24 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 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, Page 679 of 4027 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 9 11/24 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 Page 680 of 4027 EXHIBIT I FED ER AL C O NTRACT PRO VISIONS 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 contra ctor will com ply with all applicable Federa l law, regulations, executive orders, FEMA policies, pro cedures, and directives. If the C ontractor subcontracts any of the work re quire d under this Agreement, a copy of the signed subcontract m ust 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 Agre ement, to the extent allowed and required by law. The County m ay docum ent in the quarterly report the Contra ctor's pro gress in performing its work under this agreem ent. O n behalf of m y firm, I acknowledge, the grant requirements identified in this document. Vendor/Contra ct or Nam e □a~_t_/2_~,-~---- Authorized Signature -~_._._-=---i.._f_d=• ~---Uf--+--_½~-'-~-1-~~------ EXH IBIT I - 10 11/24 Page 681 of 4027 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. Street Address ft , fl1_ tJer5 3 3 i I & City, StateJf'p Sf-A'-/3~&tJI UEI Unique Entity Identifier (for SAM.gov verification) 1--~-~s-- Date Sub-Recipient Name: DEM Contract Number: FEMA Project Number: Collier County Board of County Commissioners TBD TBD EXHIBIT I - 11 11/24 Page 682 of 4027 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED D15ADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATE MENT sra ru s will be ~d '.f!-d . Uw.•er ble statuses will require the, PRIM£ to eithH proiv,fa ares-is«/ natemeM or provide source docusnentarion that validates a status. A. PRlME VENDOR/CONTRACTOR INf0RMAT!0N PR IM E f4A M E PRIM E f·E,D nuM .oEP. CO NT\'V..CT DO U A R 4M OUNT FbffJhu l<!5JJVY«J lib 5q, :J.t/!:,@bJ I IST HE P~I .!:V ft O RID A -(~RTlflEO [)l 5ACW AI IT "'G E0. \/fl ER-'<N y ~u (S TH E AC71VITY Of THIS CONT RACT_ M INORIW O R W O t✓EN au tlESS.W TERPiU5ET DBE? ;,..; CONSTR UCT ION ? y N y N (D BE/ iBE/\'/61'1 OR H.li\l'E ~ SM ALLOIS:.AO~ANTAGfD M BE? V ~ CO tSIJLTA OU ? y StlSl l ESS SA rn rn ; CAnor,; FROM TH i:' SM ALL E,LI.SINE.SS N ,,,, A DM IIIISl'>JATIOtn .,U ER VJC I' DISA8LEO \ET ERAJ H \VB-E? 'y ~ DHIE?.7' y· tJ 5D:SflA1 V (N IS Tli'S 5UBMIS5!0tt A RE\JISIO N' y {N) ff ves, REVIS IO N NUM 6ER - 8-, If PRIME HAS SU B C O N TR A CTO R OR SU PP LI ER W HO IS A D JSA O V A NTA G ED M INO RITY , W O M EN -O W N ED , SM ALL B U S IN E S S C.O N GE R N O R sesvrce Dt SABLEO VET ERA N , P R IM E IS TO CO M PLETE TH LS NEXT SECT IO N D !l E M/WM 5U IJ.C O N TR A CT O R OR SUi>PllER TY PI: O F W O R)( O R ETH N ICITY CODE SUB/5U PPllER P'ER CfNT O F CO NTR A CT V ET ERA N N.i,,M f SPl:CI ALTY (S-eic 6,elow) DOUAR A M OUNT 001.lAltS OTALS· C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR f.lAMf OF SUBM ITTI:R OAT£ TIT H OF SU BM ITT l:R Kns--line \f\,{aq,,ee,_..., /, fl_p I ),O ),'!7 (JJ 1S<t-; Se:nJ {{JI WL¥V EM A IL A D D R ESS OF P RIM ( (.5 UB·M ITT ER ) Tf l.E P HO N E N U M B ER . FAX f•JU M B E.R ~N\oofbfoJ:-l1le mof fiwt<rJ ,{liyJ ..., 'WI ,131/, 1 !Ji 1 ~ 29:A • ·:i, 3 2. , ljq5q <A'm rE:~hls 1nf oc m at,on 1s used to tr ack and n-port anticipatred DBE Of M 6E part ic.ipatio,o in fi;deralfy-fund'ad co ntracts . Th e ~ntidp a,ted OllE. or . . M BE am ount is ofuntar( and will not bec om e part of the contractual terms. Th is form nm,, be subm itt e, atumE of re-sponse t() • sotxitanon if and 1,,r .. ~n a\va:rded,a Countt contract, the prime \viH bs ~d:ed to upda,te. th~ inforrnatioe for the gr.ant can ,plianc-2 .ii!es. ETii N ICflY CO DE aJ.ck American BA Hi span ic .~merican Ji.A N ath,e-Arn Eri ca n NA subcent. Man ~.m erkan S..AA ru ran-P.atif kA m.ertca n APA Non -M inor iiy Wom en NMW ~ Othi!r. n ot of any other groop fisted 0 V D. SfCTION'TO BE COMPLETED BY COUIER COUNTY 0 EP A R 1'M EIH NAM E COU lER CQHTR.:..CT !! I !FSJRf P or N/PLQ) G RA NT PBD G RAr-.'1/CD NT P.A CT ACCEPTED .BY : DATE EXHIBIT I· 12 11/24 Page 683 of 4027 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $1001000) 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. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official ~ ~ VIC.C /J/Zt:Sl,Of;-/\1','" Name and Title of Contractor's Authorized Official /),1,4 /'2...TIN /< A- //VF/ /-b? ,;, .22 Date EXHIBIT 1-13 11/24 Page 684 of 4027 Form W-9 'Request for Taxpayer Give Form to the (Rev. November 2017) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. FORESTRY RESOURCES LLC 2 Business name/disregarded entity name, if different from above The Mulch and Soil Comoanv LLC C'"i 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to (1) Ol following seven boxes. certain entities, not individuals; see (\l 0. instructions on page 3): C D Individual/sole proprietor or D C Corporation D S Corporation D Partnership 0 Trust/estate 0 ' VI single-member LLC Exempt payee code (if any) (1) C: a. 0 0 Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► p ~:;:; u ... ::I Note: Check the appropriate box in the line above for t11e tax classification of the single-member owner. Do not check Exemption from FATCA reporting 0 ... 'E V) LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) ·- C: another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that ... - a. _g is disregarded from the owner should check the appropriate box for the tax classification of its owner. 'ij D Other (see instructions) ► (Applies to accounts maintained outside the U.S.) (1) a. 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) Cl) (1) 4353 MICHIGAN LINK (1) lf) 6 City, state, and ZIP code FORT MYERS, FL 33916 7 List account number(s) here (optional) ■:r., .... Taxpayer Identification Number {TIN) Enter your TIN in the appropriate box. The TIN provided must.match the name given on line 1 to avoid I Social security number I '' backup withholdinq. For indlvlduals, this 1s generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. ITJJ -ITJ -I I I I I or I Employer identification number 59 -243860 Certification Under penalties of perjury, I certify that: 1 . The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you re not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Here Signature of U.S. person ► Date► Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the ll~S must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) Page 685 of 4027 -Verify f.,\lflUfV IS A tERVICE Of DHSAtlD SSll. Company ID Number: 2131499 Approved by: Employer Forestry Resources Inc. Name (Please Type or Print) Title Inna V Roberts Signature Date Electronically Signed 04/20/2023 Department of Homeland Security- Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 04/20/2023 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Page 686 of 4027 E-Verify C•VUU~V ISA seavrce Of OHSAllU SSA Company ID Number: 2131499 Information Required for the E-Verify Program Information relating to your Company: Forestry Resources Inc. Company Name 4353 Michigan Ave Link Fort Myers, FL 33916 Company Facility Address , Company Alternate Address County or Parish LEE Employer Identification Number 592438601 N o rth American Industry 321 Classification Systems Code P a rent Company Number of Employees 100 to 499 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for· Employers I Revision Date 06/01,/13 Page 687 of 4027 ~ An official website of the United States govern m ent Here's how Y.OU know E-Verify Menu My Company Account My Company Profile Company Information Company Name Forestry Resources Inc. Doing Business As (DBA) Name The Mulch & Soil Co Company ID 2131499 Enrollment Date E m p loyer Id e n tifi cation Number (EIN) 592438601 Unique Entity Identifier (UEI) D U N S N u m b e r To tal N u m b e r of E m p lo yee s 100 to 499 N A IC S C o d e 321 S e c to r Manufa cturing S u b s ec to r Page 688 of 4027 W ood Pro duct M anufa cturing Edit Company Information Employer Category Employer Category None of these categories apply Edit Employer Category Company Addresses Hiring Sites Physical Address 4353 Michigan Ave Link Fort Myers, FL 33916 Num ber of Sites Mailing Address Same as Physical Address Edit Hiring Sites Page 689 of 4027 Edit Company Addresses -------- ·- -- --·- - Company Access and MOU My Company is Configured to: Verify Its Own Employees Memorandum of Understanding View Current MOU U.S. DeRartment of Homeland SecuritY- U.S. CitizenshiR and Immigration Services AccessibilitY- Plug-ins Site MaR ·r,,,v,\P.T,-j. ~·~~> ,·~ ..... , 0 'i,~; 'f,~4' ~ Page 690 of 4027 DIVISION OF CORPORATIONS lJI'ICJ011 o] C 0 l ~y CJ? _:'-'1' l CJ 1 f.:,: DeRartment of State I Division of CorRorations / Search Records / Search by Entity Name I Detail by Entity Name Foreign Limited Liability Company FORESTRY RESOURCES, LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date PrinciP-al Address 4353 Michigan Link Fort Myers, FL 33916 M 17000005730 59-2438601 07/06/2017 DE ACTIVE LC NAME CHANGE 08/16/2017 NONE Changed: 03/05/2020 Mailing Address 4353 Michigan Link Fort Myers, FL 33916 Changed: 03/05/2020 Registered Agent Name & Address CT CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Authorized Person(~) Detail Name & Address Title MGR West, Mark The Mulch and Soil Company 4353 Michigan Link Fort Myers, FL 33916 Title MGR Page 691 of 4027 T M S C O P C O , LLC M ic h a e l S m it h , S o le M em ber 9 0 0 S o u t h C a p it a l o f Te x a s H ig h w a y A u s tin , T X 78746 AnnualReRorts Report Year 2022 2023 2024 Filed Date 02/11/2022 01/30/2023 01/08/2024 Document Images 01/08/2024 --ANNUAL REPORT 01/30/2023 --ANNUAL REPORT 02/11/2022 --ANNUAL REPORT 10/14/2021 --AMENDED ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format 04/27/2021 --ANNUAL REPORT 03/05/2020 -- ANNUAL REPORT 02/15/2019 --AMENDED ANNUAL REPORT ____________ _j 02/07/2019 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format 03/26/2018 --ANNUAL REPORT 08/16/2017 -- LC Name Chang~ 07/06/2017 -- Conversion 07/06/2017 -- Foreign Limited View image in PDF format View image in PDF format View image in PDF format View image in PDF format Page 692 of 4027 Page 693 of 4027 ® Collier County Email: Barbara.Lance@colliercountyfl.gov Telephone: (239) 252-8998 Addendum# 1 Date: December 19, 2024 From: To: Subject: Barbara Lance, Procurement Strategist Interested Bidders Addendum#- I Solicitation# 25-8332 - Mulch and Pine Straw The following clarifications are issued as an addendum: CHANGE: The "Proposal Submission Deadline" has been extended from December 30, 2021, at 3:00 pm EST to January 6, 2025 at 3:00 pm EST. If you require additional info rm atio n, please post a question on our OpenGov (https://pro cu rem ent.opengov .corn ) bidd in g platform under th e so li citation fo r this project. Please sign below and return n copy of this Addendum with your submittal for the above referenced solicitation. ~Jh~ ib-bQ (S ig natur e) · . . D ate .. £Me. ~Roo ucs i!lc,,/ De:A·:ilu,mulchrSoiL ·~ (N am e otT i ·n · r I . · Page 694 of 4027 Page 695 of 4027 Page 696 of 4027 Page 697 of 4027