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Backup Documents 03/25/2025 Item #16F 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 F 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office Vcala 4. BCC Office Board of County Commissioners S /6 H ti h/ 4. Minutes and Records Clerk of Court's Officeurt- �f y1?.6 TG3wi 5. Procurement Services Procurement Services I` PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Osmanis Nieves Borjas-Procurement Contact Information 239-252-2220 Contact/Department Agenda Date Item was March 25, 2025 Agenda Item Number AGENDA# 16.F.3 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 24-8304 Southern number if document is Southern Sanitation, Inc to be recorded Sanitation,Inc INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be ONB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the ONB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ONB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on March 25,2025,and all changes / N/A is not made during the meeting have been incorporated in the attached document. The (1M% an option for County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the � L N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ' M-, an option for Chairman's signature. this line. i6F3 FIXED TERM SERVICE AGREEMENT #24-8304 for Grease Trap Hauling Services & Repairs THIS AGREEMENT, made and entered into on this day of L9-k& i(-k. 20 r by and between Southern Sanitation, Inc. authorized to do business in the State of Florida, whose business address is 310 5th Street NW, Naples, Florida, 34120 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a Three ( 3 ) year period, commencing n upon the date of Board approval; or ❑ eta and terminating on Three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for One ( 1 ) additional Two ( 2 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ® Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of❑ ❑■ Invitation to Bid (ITB) Ot er ( )# 24-8304 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. n The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 6F3 'v 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): n hourly or material invoices presented, rather, the contractor must perform to the is-at thefized- • Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Li Uni -Pcic ed price (inclusive of all costs, including labor, materials, equipment, ovcrh ad, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "lashes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement [2023_ver.2] C10 � 6F3 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4.5 4 ❑ (check if-applicable)-Trawl! ,.a,nd. Reimbursab!e--Expenses: Travel-'and ReimY'fbursa.'ble-Expenses,.,musst-bee,, approvedadvance_in...writing by-the County. ,.,,Tr'avet expenses....shall-be...reimbursed-as i.pller...Se'ction 112:.06 _Fla-Scats, Rein Nursef ee'nts-s'hall"b be-at-the-following-rates:- Mileage $0-:44:5,,,iper,,.,n mile Breakfast $6.00 -Lech $44 00 Dinner $ -9:00 Airfare Actual ticket cost limited to-tourist or-coach-class-fare Renal-ear Actual rental cost-limited-to compactor standard-size vehicles Lodging Actual cost of lodging at-single occupancy rate witha cap-of-no more--than$150.00 per--night Parking Actual-cost-of-parking Taxi or Airport Limousine Actual-cost of-either--taxi or-airport limousine Reimbursable-items.other than,,travel,expenses shall be,,limited.to the,.fcllov. ng.--telephone lonig-distancee,,,.charges, fax charges, photocopying..charges and po. ituge Rer bdrsubl e items-will be paid- only afterGontractor as provided"all"receipts---Contractor shall be responsible-for all-othercosts-and-expenses-associated'with_activities and solicitations undertaken pursuant"to''this Agreement: 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Southern Sanitation, Inc. Address: 310 5th Street NW Naples, FL, 34120 Authorized Agent: Matthew Beebe Attention Name & Title: Owner Telephone: 239-352-2600 E-Mail(s): Southernsanitation@gmail.com Page 3 of 17 Fixed Term Service Agreement [2023_ver.2] CN° 16F3 All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Facilities Management Division Director: Brian Delony Address: 3335 Tamiami Trail East Naples, FL, 34112 Administrative Agent/PM: Todd Fiedorowicz Telephone: 239-252-5857 E-Mail(s): Todd.Fiedorowicz@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 of 17 Fixed Term Service Agreement [2023_ver.2] ',.N© � 6F3 the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. n Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000.00 Per Occurrence, $ 2,000,000.00 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. El Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. • Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000.00 for each accident. D. n • • this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. E. ❑ Cy ter Liability: Coverage shall have minimum limits of $ per claim. Page 5 of 17 Fixed Term Service Agreement [2023_ver.2] CAO ' 6F3 F. ❑ Pollution : Coverage shall have minimum limits of$ 1,000,000.00 per claim. G. ❑ :-Go 'erne ❑ .• shall have minimum limits of$ per claim/Occurrence. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Agreement [2023_ver.21 t6F3 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ■ Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/ ■ ITB/ Othef #24-8304 , ❑ subsequent quotee;-and Other Exhibit/Attachment: Affidavit for Labor and Services 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Agreement [2023_ver.2] CAD 16F3 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO Y PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(c colliercountyfLgov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 8 of 17 Fixed Term Service Agreement [2023_ver.2] 16F3 referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. ❑■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page 9 of 17 Fixed Term Service Agreement [2023_ver.2] 16F3 25. ❑■ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. n TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. I■I PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Page 10 of 17 Fixed Term Service Agreement [2023_ver.2] CI\ i6F3 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34.. E KEY-PERSONNEL-The .Contractor's personnel-and management.to,,.bee,..0 {rrzed_for this project shah[-be knowledgeable in their areas of expertise, The County reserves the right-to performinvestigations-as stig�]t'n.�.as-as.may-be e deemed necessary to ensure-that-competent 11'1V V'J ll C.a Ii VI"i'J UJ 1-11u be...�G�.r�.r 1 "u"1'necessary L .y 1 � Ll`"'C.rCCIVY"'r"1 -II persons will be utilized in the performance of the-Agreement. The Contractor"shall assign Page 11 of 17 Fixed Term Service Agreement [2023_ver.2] CA(' 16F3 as-many people as-necessary to complete the services on a--timely basis-,-and each person assigned shall-be.available-for-an amount of time adequate to meet-the required-service dates:-The-Gonrtractcr shall-not-change-Key„Personnel unless the--following conditions-"are met: /-0)- Proposed--replacenments-'have-substantially-„te-"-same,or---better-qualifications and/or-experience.„,(2)"that.,,.the-County" "„is-notified in-writing-as.'•,far,in-advance,,,,as.,."possible The-Contractor shall make commercially•reasonable-efforts-to notify-Collier-County ithin seven,...(7)_days..of the change. The County-retains"'final'-approval'-of proposed-replacement personnel: ■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. W ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n 1 , 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least Page 1-2"of-17 Fixed Term Service-Agreement ¢2c23-ver:2} 16F3 four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@a.colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. ICI SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement [2023_ver.2] � 6F3 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Comptroller , B y By: es as o�nanniall„ B rt . Saunders , Chairman Dated- 0 )1. -O.Lgnature only (SEAL) Southern Sanitation, Inc. Contractor's Witnesses: Contractor cc,kI _ Contractor's First Witness a re FTel rint s► na ure and titleT YP P 9 Typetpr t t sv namet cto ' nd Witness TTypetprint witness name d as to F an Legality: 4/ nty,�ltto ; Print Name Page 14 of 17 Fixed Term Service Agreement [2423_vcr.21 i6F3 Exhibit A Scope of Services ❑■ following this page (containing 5 pages) n this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement [2023_ver.2] 16F3 DETAILED SCOPE OF WORK The scope of work is to provide as needed and urgent grease trap hauling services.The services include removing accumulated grease,oil,and other materials from grease traps,hauling,and proper disposal.The scope of work also includes providing repair services to grease trap structures on an as-needed basis. 1. Grease Trap Hauling Services As directed by the Division Representative or designee, the awarded Contractor will provide removal, hauling and disposal of accumulated materials in grease traps. 1.1 Material a. The material primarily consists of raw,untreated grease. b. Other organics and plastics may be incorporated into the raw grease. 1.2 Procedure for material removal To include,where applicable,but not limited to: a Remove covers and remove water in the trap to facilitate cleaning discharged water into the sewer line. b Remove baffles when possible. c Remove the accumulated grease from the trap. d Scrape the sides,the lid,and the baffles with a putty knife to remove accumulated debris. e Remove the settled solids and remaining liquids. f Replace the baffle and lid as designed by the manufacturer. g Refill liquids into the trap. 1.3 Method of Disposal h The Contractor shall remove raw grease from a grease trap and directly haul it to a State approved disposal and receiving facility. i The Contractor must arrive on-site with an empty truck.The Division Representative or designee may,at their discretion,accept a partially loaded truck.Such acceptance must be documented on the invoice. j The Contractor will provide material removal,hauling and disposal at an all-inclusive hourly rate as supplied on the fee schedule. 2. Repairs Services As directed by the Division Representative or designee,the awarded Contractor will make all necessary repairs to restore the grease trap structure to proper operating condition. 2.1 The Division Representative or designee may request the Contractor to provide a written Time and Materials Not to Exceed(T&M NTE)quote for any repair services. 2.2 Repair services shall be provided and billed per the established hourly labor rates.The Contractor may only charge hourly rates or repair service hours worked at the job site. Hourly rates shall be per the fee schedule, which is inclusive of labor,overhead,travel-related expenses,required reporting,and equipment use,excluding rental equipment. 2.3 The Contractor(s)shall furnish all necessary qualified labor,materials,equipment,tools,consumables, transportation,skills,and incidentals required for the services requested.All work,equipment,parts,and materials not specified in the work order must meet Collier County Vertical Standards CC Vertical Standards 2021 (colliercountyfl.gov)/Facilities Master Specs and the Florida Building Code(FBC)Florida Building Code Online.If any work,equipment,parts,and materials are not addressed in the work order or in Collier County Vertical Standards/Facilities Master Specs,approval by the Division Representative or designee shall be required. 2.4 Parts and materials shall be new and free of defects and,at a minimum,meet or exceed the performance Page 1 of 5 Exhibit A-Scope of Services c! o � 6F3 specifications of the original equipment.In the event a Contractor installed part(s)is found to be defective, the Contractor shall immediately replace the part(s)at no cost to Collier County. 3. Response Time and Availability 3.1. The awarded Contractor(s)will provide the Division Representative or designee telephone numbers and email addresses for routine,after-hours,and urgent services for twenty-four(24)hours a day,seven(7) days per week,three hundred sixty-five(365)days per year. 3.2. Contractor response time is of great concern to the Division to ensure the grease traps experience minimal downtime. • Routine Services: The Contractor will acknowledge a routine service request via email or phone call within thirty (30) minutes of the request being sent by the Division Representative or designee. The Contractor must possess a minimum of two(2)trucks and ensure their availability within four(4)hours of notification. • Urgent Services:The Contractor will acknowledge an urgent services request via email or phone call within thirty(30)minutes of the request being sent by the Division Representative or designee.An urgent service request requires that the Contractor be on site with a truck capable of removing a minimum of 4,000 gallons and begin work within one(1)hour after the Division's initial request and within two(2) hours for the Immokalee, Marco Island, and Everglades City areas. The Division Representative or designee must approve a response time that exceeds one(1)hour and two(2)hours for the Immokalee, Marco Island,and Everglades City areas. A one-time$250 Urgent Service Call Fee is allowed when responding in addition to the applicable hourly rates. 3.3. For routine and urgent service requests,the Contractor will be permitted to charge a two(2)hour minimum for trucks that the Division Representative or designee requested,arrived onsite within the required response timeframe,and were subsequently dismissed by the Division Representative or designee without pumping or hauling waste. 4. Contractor's Responsibilities 4.1 The Contractor shall not commence work until a County purchase order is issued. 4.2 The Contractor shall be responsible for cleaning up any material spills(including raw wastewater, grease, scum,fuel,or any other discharge)in accordance with State,Federal,and local regulations. Spill kits must be readily available on all trucks at all times while performing this agreement. 4.3 The Contractor shall use qualified technicians with experience in servicing various equipment associated with grease traps to complete the work specified in this solicitation. 4.4 If any deficiencies are noted in the completed services,such deficiencies will be corrected by the Contractor within twenty-four(24)hours upon notification by the Division Representative or designee.There will be no cost to Collier County for call-backs. 4.5 All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. 4.6 The Contractor must comply with Federal and State right-to-know laws if hazardous materials are used. Page 2 of 5 Exhibit A-Scope of Services CAO 16F3 Material Safety Data Sheets(MSDS)will be made available and provided to the Division Representative or designee upon request. The Contractor is required to immediately report to the Division Representative or designee any spillage or dumping of hazardous material on Collier County property. The Contractor shall bear all costs associated with the cleanup of any such incidents. 4.7 The Contractor shall be responsible for removing all debris from the site and cleaning affected areas.The Contractor shall keep the premises free of debris and unusable materials resulting from their work and, as work progresses,or upon request by the Division's Representative or designee,shall remove such debris and materials from the property.The Contractor shall leave all affected areas as they were before beginning work. 4.8 The Contractor must be licensed to operate in the State of Florida within Collier County and in possession of a current Business Tax Receipt,formerly known as Occupational License,necessary to perform the services required. 4.9 The Contractor is responsible for obtaining and maintaining all licenses,permits,and insurance required by the Florida Department of Environmental Protection(FDEP)or any other local,state,or federal agency for the services provided under this agreement throughout the entire agreement term. 4.10 The Contractor is responsible for immediately informing the Division Representative or designee if the Contractor damages pipes,manholes,property,or any other system appurtenances.The Division will repair any damage caused by the Contractor, and all costs to repair the damage will be charged back to the Contractor. 5. Work Hours 5.1 Normal business hours are Monday through Friday between 7:00 AM and 5:00 PM,excluding Collier County observed Holidays.After-hours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday,or County Observed Holidays.The after-hours rate will be calculated at 1.5x the hourly rate provided on the fee schedule. 5.2 If a requested service starts during normal business hours and extends into the after-hours period,the after- hours rate shall only be charged for time worked during the after-hours period. 6. Records and Documentation 6.1 The Contractor shall take before-and-after pictures of all completed items,including but not limited to a clean and empty grease interceptor/under-sink trap showing piping inside and the surrounding area, and submit them upon request. 6.2 Each load shall have a load ticket/service manifest signed by an agent of the Contractor and the Division representative or designee. The Contractor is responsible for complying with Florida Department of Environmental Protection(FDEP)requirements for the load ticket/service manifest. 6.3 The Contractor shall maintain hauling records for a period of seven(7)years from the date of service. 6.4 The Contractor will be responsible for utilizing any systems used by the Division for work requests under this Agreement. The Contractor will be required to update, complete, and close work requests and attach before and after pictures as necessary. 6.5 The Contractor(s)shall not remove any equipment containing a Collier County asset sticker unless requested by the Division Representative or designee.The Contractor(s)shall request that,when replacing equipment, the asset sticker be removed by a Division staff member authorized to adjust the equipment inventory records. The Contractor(s)will place asset stickers on the equipment,as necessary for no charge. 6.6 The Division retains the right to add or delete any facilities,equipment,or services provided under the resultant contract as Page 3 of 5 Exhibit A-Scope of Services CAO 1 6 F 3 described herein,upon notification by the Division Representative or designee to the vendor. 7. Invoicing and Markups 7.1 Each invoice must include a purchase order number.The invoices shall be itemized and detail the services performed,service location,service dates and times,the number of hours worked,and the materials used. 7.2 If provided by the County,the task number must appear on each invoice. 7.3 Each invoice submitted for payment must be accompanied by the Contractor's load ticket/service manifest for each truck. 7.4 The Contractor shall provide copies of receipts for materials costing$500.00 or more,subcontractor invoices, or equipment rental receipts with the invoice. 7.5 The materials and parts will be allowed a maximum of 15% markup, rental equipment will be allowed a maximum of 10%markup,and the use of subcontractors will be allowed a maximum of 15%markup.No markup on ancillary charges,taxes,and freight/shipping shall be permitted. 7.6 Subcontractor rates cannot me higher than the contracted rates on the fee schedule. 8. Price Modifications Price increase requests may be submitted prior to contract renewal. 8.1 The Contractor shall fully document and submit any requested adjustment at least 120 days prior to the contract renewal date. 8.2 All requests must be submitted in writing to the Contract Administrative Agent. 8.3 Price increase requests review may take over 60 days to complete. 8.4 Retroactive price adjustments are not authorized. 8.5 The Contractor shall provide supporting documentation justifying price increases (examples: Bureau of Labor Statistics,fuel increases,etc.).If there is no documented proof,price increases will not be considered. 8.6 The Contract Administration Agent shall analyze prices to determine whether increases are fair and reasonable. 8.7 The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance,as amended. 8.8 Price increases are not guaranteed. 9. SECURITY,BACKGROUND,IDENTIFICATION The Contractor is required to comply with County Ordinance 2004-52, as amended. The Contractors providing services to Collier County under this agreement and requiring physical access to Collier County facilities or locations related to security or public safety shall be responsible for the cost of providing background checks for all contracted employees or other representatives,including all subcontractors at every tier(including vendors,repair persons,and/or delivery individuals).This may include but is not limited to,checking federal,state,and local law enforcement records, including state and FBI background screening, employment verifications, and other related records. Collier County background checks are valid for five (5) years and the Contractor shall be required to maintain records of each employee and make them available to the County throughout that specified term. Page 4 of 5 Exhibit A-Scope of Services CAO t6F3 All contracted employees and subcontractors must wear and display Collier County Government identification badges at all times while performing services on County facilities and properties.Contractor ID badges are valid for one(1) year from the date of issuance.Assigned badges can be renewed upon expiration at no cost to the Contractor during the time period in which their background check is still valid. All Contractors under this agreement shall wear appropriate attire that includes the name of the Contractor's business. If a contracted employee assigned to Collier County separates from their employer the Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(acolliercountyfl.gov). This notification is critical to ensure the continued safety and security of Collier County staff, customers, facilities, and systems. Failure to notify within four(4) hours of separation may result in a deduction of$500 per incident. Each badge must be returned to the Facilities Management Operations Center by the assigned expiration date printed on the badge or upon separation of employment of an employee or subcontracted employee. Collier County Sheriff's Office(CCSO)requires separate fingerprinting prior to work being performed in any of their locations. If there are additional fees for this process, the Contractor is responsible for all costs. This will be coordinated upon the award of the contract. Page 5 of 5 Exhibit A-Scope of Services CAO 16F3 Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 Fixed Term Service Agreement [2023_ver.2] CA( 1 6 F 24-8304 Grease Trap Hauling Services and Repairs Exhibit B Fee Schedule Grease Trap Hauling Services Description Rate Per Hour Grease Trap Hauling Services-all inclusive, removal, hauling and disposal $ 350.00 Repair Services-Labor Hours Description Labor Rate Per Hour Service Technician(per hour) $ 95.00 MARKUPS,AFTER-HOURS RATE & URGENT SERVICE FEE APPLICABLE TO REPAIR SERVICES ONLY Materials, and Parts Markup Not to Exceed 15% Rental Equipment Markup Not to Exceed 10% Subcontractor Markup Not to Exceed 15% Note: For work performed after-hours, Contractor may charge 1.5X the Unit Rate Per Hour Note: A one-time$250 Urgent Service Call Fee is allowed when responding to an urgent service request in addition to the applicable unit rates. cd o 16F3 Other Exhibit/Attachment Description: Affidavit for Labor and Services • following this page (containing pages) n this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement CAU [2023_ver.2] ibF3 AFFIDAVIT REGARDING LABOR AND SERVICES Effective July 1,2024,pursuant to§787.06(13),Florida Statutes,when a contract Is executed,renewed,or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or Services. Nongovernmental Entity's Name: �� Address: N Gl s L- f tt 121' Phone Number, 9sa , _3 ?2tra) Authorized Representative's Name: Authorized Representative's Title: 1I, ff • Email Address: -1 *ern CLn,1 ___ AFFIDAVIT I, tAlt (Name of Authorized Representative),as authorized representative attest that acne of Nongovernmental Entity)does not use coercion for labor or services as defined in§787.06,Florida Statutes. Under penalty of perjury,I declare that I have read the foregoing Affidavit and that the facts stated In it are true. (Slgnatur out tensed representative) Date STATE OF tc- td-i COUNTY OF C-Ok6e.(. Swor to(or a " med)and subscribed before me by means of f physical presence or CI online notarization this 'n.`7nay e1 ,,202 y-A (Name of Arfirm°,who produced their_ker- n Identification au are onaliy known tome.__- atary Public REBECCA"BREWteR of .r' , �^ ) '•: :. MY COMMISSION tl HH 329242 r Commission Expires •. :. Personally i(nowry ialR Produced Identification EV Type of Identification Produced: CONERACT,RCM wM,OR EXTENSION REQUEST FORM Vet3JOn:2023.1