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#25-644 NS-EM (Metro Forecasting Models, LLC) GENERAL SERVICE AGREEMENT (NON-SOLICITATION) #25-644-NS-EM for Collier Interactive Growth Model Data Report, Presentations,Planning Support and Maintenance THIS AGREEMENT, made and entered into on this ;pi day of LEI S4- 20 26 , by and between Metro Forecasting Models,LLC. 9 authorized to do business in the State of Florida, whose business address is 9410 Fountain Medical CT#A103,Bonita Springs,FL.34135 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing upon the date of Board approval; or n ors and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a II Purchase Order 0 Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services/products in accordance with the terms and conditions of this Agreement, 0 Exhibit A - Scope of Services, attached to this Agreement C Exhibit B - Fee Schedule, attached to this Agreement, • Exhibit C-Affidavit Regarding Labor and Services, attached to this Agreement and made an integral part of this Agreement. Services/products acquired through this Agreement have been authorized through the approval of a n Singte/Sale-Se r-ee-Waiver, ❑i Exemption from the Competitive Process, n Other,: Page 1 of 19 General Service Agreement Non-Solicitation [2025_ver.1] CAO 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". • The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of up to Three hundred thousand and 00/100 dollars ($300,000 ), per County fiscal year, based on units/services furnished per 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". The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. n estimated maximum amount of t-o✓--t#he cocci piialc •, +he "I nasal Gevorri a�zT,���-��-��,,ment Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ eta-S a ed teta e-oLffe s are • tra is-autherizeck Page 2 of 19 General Service Agreement Non-Solicitation [2025_ver.I] CAO ■ Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. n Unit-Ftr-ie : inventery-ef-ees verifleatiew) 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 "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4.5 nTravel-and-Rem abursad le--Expenses:--- vet and Reimlaufsable Expenses was he- ty- reimbursed as per Section 112.061 Fla. Stats. • fates:: Mileage $0.44.5 per mile lilreakfast $6,00 Lunch $11.00 Ql of $4.9,00 Airfare Actual ticket cost limited4o-tourist or coach class fare Rental car Actual- arse vchie-les Led Act a-c-eet 0-at-s+ le--oee no- e-than-$4 0:09-pef--n+0ht Page 3 of 19 General Service Agreement Non-Solicitation [2025_ver.1] Park-i-ng Reiffilatosablethcr than travel expenses shall be limited to the fax char , eipts. Contractor shall be w dertak-era--pur&uant-to-t is-Agrccmcnt. 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: Metro Forecasting Models,LLC. Address: 9410 Fountain Medical Ct.#A103 Bonita Springs, FL.34135 Authorized Agent: David Farmer Attention Name & Title: Telephone: 239-913-6949 E-Mail(s): dave@metroforecasting.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Michael Stark Division Name: Operations and Regulatory Management Address: 2800 N. Horseshoe Drive Naples, FL.34104 Administrative Agent/PM: Rey Torres Fuentes Telephone: 239-252-5727 E-Mail(s): Rey.TorresFuentes@colliercountyfl.gov Page 4 of 19 General Service Agreement Non-Solicitation [2025_ver.1] CAO 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 the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Page 5of19 General Service Agreement Non-Solicitation [2025_ver.1] 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑� Commercial General Liability: Coverage shall have minimum limits of $ 1,000,00o 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. ❑ Business Auto h+alailitvi- age shall have limits of C. n Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$500,000 for each accident. D. C Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. n per-elaim- l-- ❑ - eue�ode�1a 6 lave-timum limits of$ per claim. -Geerage-slali have . #- ❑ - . overage-sl-a l its of$ per clam- Special Requirements: Collier County Board of County Commissioners, 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. Page 6 of 19 General Service Agreement Non-Solicitation [2025_ver.1] CAO 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. 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 shalt be administered on behalf of the County by the opefationa and Regulatory Management 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. Page 7 of 19 General Service Agreement Non-Solicitation [2025_ver.1] 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: n Contractor's Proposal, UI Insurance Certificate(s), ■ Exhibit A Scope of Services, n Exhibit B Fee Schedule, ■ Exhibit C Affidavit Regarding Labor and Services, I subseqttent quotes, and ■ Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulatipn that it agrees to comply, at 'its awn expense, with all:federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, Including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Page 8 of 19 General Service Agreement Non-Solicitation [2025_ver.1] Email: PublicRecordRequestcolliercountyfl.qov 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 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 Page 9 of 19 General Service Agreement Non-Solicitation [2025_ver.11 CA.O within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 237 CLEAN 11P-.---- :ontcaotoc-aggees o ceep_ he Pjeet site n e n .+t •.II ti9� G,f debris, rubbish and waste materials arising out of the Work. At the completion of the Work, GEN:Ares-to , materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25 I I WARRANTY, will-be-ef-setisfae e , , the -lntee partieuta-F-ser-vicc. These warranties shall survive inspection, acceptance, passage of title Contrac e County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connect d, erected, used, cleaned fabri D1t -: • • • eel fe t--Doeum"wa • for-and-pay Page 10 of 19 General Service Agreement Non-Solicitation [2025_ver.1] of such replacement or repair. Tho • tled as a matter of law. 26. n TEST --A-ND t--Doouments or any codes, laws, ordinances, rul •c aothorit • i • • •ty-ttaerefore,-pay inspeotions, tests-ef-a aoo 27. n 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 to Contractor. S. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall Immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form 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. Page 11 of 19 General Service Agreement Non-Solicitation [2025_ver.1] CAO 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. n KEY—PERSONNEL,--The Contfaeterecsonne this pr beet-vhal1--be�cf�f3wwleedgeable-in-°th if-areas-^of-expert+Se:-.--T e-GBF n y-feseFves-t# e fight49—p2ffefRI-IfWe&tlg tl$fl.r-c'l y tie fee hat earn 3etent fi as-ma es&c' fy-te-cF3fl piece-the-sewiees-er-e-tWmety-basis,arl� Cb f�eX�@fi .feEf ewide dates. Thy-G traetof-shalt--rest-ehange-Key-PeFse t-t Aaess--the-fellowiRg-c--enclitaees-afe adJer em of+efice•:-( th-at-tlfe-Cou ty-is-focihied4n-wrltifig--as-faf-i a . eta -pfepesed-eptaeement per-seanet, 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 perfgrm investigations as may be deemed nec ssRry to ensure that competent persons Will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ORDER OF 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, Page 12 of 19 General Service Agreement Non-Solicitation [2025_ver.1] and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ORDER OF-,P E-CE.^,-E",!- "Nee • sty'e--�i•s c-re ti e�-:- 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 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 c{x?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. Page 13 of 19 General Service Agreement Non-Solicitation [2025_ver.1] 38. State and County Safety and Occupational Health Standa the- Collier County Government has authorized the Occupational Safety and Health 0S-14A-ineeestien r of the property where the project is taking place i e6f U weer 4hic denicinn ..�•"r:""-"r-r.rvvc:-�c:r;^ i i r.� u a..ti^sr:s'rar-r Safety Engineer. (Remainder of page intentionally left blank-signature page to follow) Page 14 of 19 General Service Agreement Non-Solicitation [2025_ver.1] CA-0 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 COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By. . IOW By: Af.e.,,,ACZ40•A°6-- ' Burt L.Saunders , Chairman Dated. sag g {SEA * to •v mans •^ i. my Contractor's••' '1esses Metro Forecasting Models,LLC. Contractor By:l/ �-�/ Contractor's First Witness Signature j)avt-1 � a C AJ V A Y'n �a cL))OYL TType/print signature and titleT TType/print witness nameT N ,(tii) kK H\Vvv\ Contractor's Second Witness N +c ho! aS I" FtA-YVXAJL TType/print witness nameT prove s t man Legality: Co my Attorney Print Name Page 15 of 19 General Service Agreement Non-Solicitation [2025_ver.l Exhibit A Scope of Services ❑� following this page (pages 1 through 3 ) _ this exhibit is not applicable Page 16 of 19 General Service Agreement Non-Solicitation [2025_ver.1] Continuing Professional Services for Collier County Zoning Division Metro Forecasting Models, LLC. (CONSULTANT), shall provide continuing planning and consulting services on an as-needed basis to the Collier County Zoning Division of the Growth Management Community Development Department(CLIENT). Scope of Services CONSULTANT will update the Collier Interactive Growth Model (CIGM) on an as-needed basis. Additional services are requested for CIGM data analysis to support CLIENT in reviewing proposed land use changes and their impacts on the study area. CLIENT will appoint staff members on an as-needed basis to work with and direct CONSULTANT. One of CLIENT's staff will have experience in Geographic Information System (GIS). Work Tasks The CONSULTANT has been contracted to develop a spatial land use model (the CIGM) based on local data. The CLIENT may direct additional continuing work tasks on an as needed basis. Below, the CONSULTANT has described potential additional work tasks that will benefit the CLIENT's short and long-range planning efforts using the CIGM. The work tasks are outlined below: 1. Present CIGM data at public hearings and meetings. 2. Provide spatial population projections and estimates. 3. Conduct land use needs analysis of proposed projects and study areas using CIGM data. 4. Test proposed land use scenarios in CIGM and process results. 5. Train key staff on how to access, review and analyze CIGM data for planning analyses. Additional Services The CONSULTANT agrees to work for any department or division of Collier County needing it's expertise. Exhibit A—Scope of Services Page 1 of 3 CAO Continuing Professional Services for Collier County Public Utilities Engineering and Project Management Division Metro Forecasting Models, LLC (CONSULTANT), shall provide continuing planning and consulting services on an as-needed basis to the Collier County Public Utilities Engineering and Project Management Division of the Public Utilities Department(CLIENT). Scope of Services The CLIENT, in consultation with the CONSULTANT,will organize a staff task force for the development and implementation of the Collier Interactive Growth Model(CIGM)Utility Sub- Model. Services are requested to update the baseline data and updating the buildout for the based on prospective land use changes. The CLIENT will appoint staff members and representatives on an as needed basis. One member assigned to the staff task force will be a staff member with experience in Geographic Information System (GIS). The purpose of the task force is to assist the CONSULTANT for the purpose of maintaining currency of the database for the C1GM in order to provide spatial population forecasting and the related demand for services provided by the Department, including, but not limited to,potable water, wastewater, and irrigation quality water services, solid and hazardous waste management services, and facilities management services. Public Utilities Work Tasks The CONSULTANT has been contracted to develop a spatial land use model(the CIGM)based on local data. The CLIENT may direct additional continuing work tasks on an as needed basis. Below, the CONSULTANT has described potential additional work tasks that will benefit the CLIENT's short and long-range planning efforts using the CIGM. The work tasks are outlined below: I. Update the CIGM Baseline Data 2. Update the CIGM Buildout Scenario 3. Develop Alternative Service Demand Scenarios 4. Model Calibration and Public Utilities Department Staff Training 5. Update the CIGM Baseline Data- Maintain Currency 6. Update the CIGM Buildout Scenario- Maintain Currency 7. Adjust Zone Geometry- Maintain Currency Additional Services The CONSULTANT agrees to work for any department or division of Collier County needing it's expertise. Exhibit A—Scope of Services Page 2 of 3 CAp Continuing Professional Services for Collier County Transportation Engineering Division Metro Forecasting Models, LLC. (CONSULTANT), shall provide continuing planning and consulting services on an as-needed basis to the Collier County Transportation Engineering Division of the Transportation Management Services Department (CLIENT). Scope of Services CONSULTANT will update the Collier Interactive Growth Model(CIGM)on an as-needed basis. Additional services are requested for CIGM data analysis to support CLIENT in reviewing proposed land use changes and their impacts on the study area. CLIENT will appoint staff members on an as-needed basis to work with and direct CONSULTANT. One of CLIENT's staff will have experience in Geographic Information System (G1S). Work Tasks The CONSULTANT has been contracted to develop a spatial land use model (the CJGM) based on local data. The CLIENT may direct additional continuing work tasks on an as needed basis. Below, the CONSULTANT has described potential additional work tasks which will benefit the CLIENT's short and long-range planning efforts using the CIGM. The work tasks are outlined below: 1. Provide Traffic Analysis Zone (TAZ) reviews, including analysis of updates, FOOT compliance and other related tasks 2. Provide technical assistance with Economic Assessments and Fiscal Impact Analysis for proposed projects using CIGM data a. Evaluate use of CIGM as the County model for Economic Assessments or the peer review tool for developer sponsored Economic Assessments 3. Present CIGM data at public hearings and meetings. 4. Provide technical assistance and data analysis related to adopted levels of service, recommended changes to levels of service, etc. using CIGM data. a. Coordinate with impact fee consultants on level of service analysis and issues 5. Provide spatial population projections and estimates as requested. 6. Conduct land use needs analysis of proposed projects using CIGM data. 7. Test proposed land use scenarios in CIGM and process results related to capital projects and capital project planning. 8. Train key staff on how to access, review and analyze CIGM data for planning analyses. Additional Services The CONSULTANT agrees to work for any department or division of Collier County needing it's expertise. Exhibit A—Scope of Services Page 3 of 3 CAO Exhibit B Fee Schedule ■ following this page (pages through ) f this exhibit is not applicable Page 17 of 19 General Service Agreement Non-Solicitation [2025_ver.1] CA-O Exhibit B 25-644-NS-EM "Collier Interactive Growth Model Data Report, Presentations, Planning and Support" Title Hourly Rate Principal Planner/PhD $250 Project Manager $190 Senior Data Analyst $160 Staff Planner $140 GIS Data Analyst $140 Research Assistant/Model Technician $100 Contractor shall submit all monthly invoices electronically to bccapclerk!u),collierclerk.com. Invoices for Zoning and Transportation shall also be submitted to GMDFinancial(a)colliercountyii.gov . Invoices for Public Utilities Engineering shall also be submitted to Eric.Fev(a)colliercountyfl.gov. All invoices submitted shall include: Invoice number,purchase order number, period,staff name, position,hours worked,date of service, and applicable task number. Page 1 of 1 Exhibit B — Fee Schedule CAO Exhibit C Affidavit Regarding Labor and Services Following this page Page 18 of 19 General Service Agreement Non-Solicitation [2025_ver.1] Op AFFIDAVIT REGARDING LABOR AND SERVICES AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED 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. Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet any of the following criteria: (a)the entity is owned by the government of a foreign country of concern;(b)the government of a foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal place of business in a foreign country of concern. Effective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs (2)(a)-(c),§287.1 38.Florida Statutes. Nongovernmental Entity's Name: Metro Forecasting Models,LLC Address: 9410 Fountain Medical Ct Phone Number: 239-292-6081 Authorized Representative's Name: David Farmer Authorized Representative's Title: CEO Email Address: dave@metroforecasting.com I, David Farmer (Name of Authorized Representative), as authorized representative attest under penalty of perjury that Metro Forecasting Models, LLC (Name of Nongovernmental Entity) does not: (1) use coercion for labor or services as defined in§787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the entity. and (c)that the entity is not organized under the laws of or has its principal place of business in a foreign country of concern,all as prohibited under§287.138,Florida Statutes. Under penalty of perjury,I declare that 1 have read the foregoing Affidavit and that the facts stated in it are true. David Farmer ,", o June 17,2025 (Signature of authorized representative) Date STATE OF Florida COUNTY OF Lee Sworn to(or affirmed)and subscribed before me,by means of(]physical presence or 0 online notarization this 17 day of June ,20 25 ,by David Farmer (Name of Affiant),who produced his Florida Driver's License as identification. Notary Public 4 Notary Public State of Florida 1 Adele Zlminski AO/c)p�8 1 H My Commission H 1 602332 l Commission Expires Expires tOHo1202e Personally Known l]OR Produced Identification❑ Type of Identification Produced: CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version:2025.1 Other Exhibit/Attachment Description: N/A ❑ following this page (pages through ) U this exhibit is not applicable Page 19 of 19 General Service Agreement Non-Solicitation [2025_ver.1]