#05-3831 (Solid Resources, Inc.)
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AGREEMENT
THIS AGREEMENT, made and entered into on this 28th day of June, 2005, by and between
Solid Resources, Inc., authorized to do business in the State of Florida, whose business
address is 4456 Friar Tuck Lane, Sarasota, Florida 34232, hereinafter called the "Contractor"
and Collier County, a political subdivision of the State of Florida, Collier County, Naples,
hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Contractor shall commence the work following award of
this Contract by the Board of County Commissioners and execution of this Agreement.
The contract shall be for a four (4) year period with two (2) additional one (1) year
renewals under all of the same terms and conditions contained in this Agreement. The
County shall give the Contractor written notice of the County's intention to renew the
Agreement term not less than ten (10) days 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 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 not
less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide FEMA Acceptable Monitoring
of Disaster Generated Debris Management and Technical Assistance in accordance with
the terms and conditions of RFP #05-3831 and the Contractor's proposal incorporated
herein and made an integral part of this Agreement by reference.
Work assigrrments shall be made by requesting a proposal from one (1) or more firms
and issuing a Purchase Order.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement upon completion of each work assignment as accepted and approved by the
County Solid Waste Director, or his designee. Compensation for each work assignment
shall be in accordance with the Appendix" A" hourly rate schedule, or as a lump sum is
negotiated and mutually agreed upon by the Contractor and Solid Waste Director, or his
designee. Payments shall be made to the Contractor when requested as work progresses,
but not more frequently than once per month. Payment will be made upon receipt of a
proper invoice and in compliance with Section 218.70 F.S., otherwise known as the
"Florida Prompt Payment Act".
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4. ADDITIONAL ITEMS/SERVICES: Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Solid Waste Director, or his
designee, and Contractor.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Michelle Harvey, President
Solid Resources, Inc.
4456 Friar Tuck Lane
Sarasota, Florida 34232
Telephone: 941-342-1720
Facsimile: 941-379-0946
All Notices from the Contractor to the County shall be deemed duly served if mailed,
faxed or emailed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell
Telephone: 239-774-8407
Facsimile: 239-732-0844
Purchasing@colliergov.net
The Contractor and the County may change the above mailing addresses, fax numbers
or email addresses at any time upon giving the other party written notification. All
notices under this Service Agreement must be in writing.
7. 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.
8. 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.
9. PERSONNEL SUBSTITUTION. Consultants, firm specialists and other professional
personnel assigned to the County project as mentioned in Contractor's proposal can
only be changed with the express prior written permission of the County Solid Waste
Director, or his designee, who retains final approval of proposed replacement
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personnel. The County reserves the right to renegotiate the contract should key
personnel leave the Contractor's employment.
Other personnel, such as secretarial and/ or administrative support personnel may be
changed at the discretion of the Contractor provided that replacements have
substantially the same or better qualifications or experience as approved by the Solid
Waste Director, or his designee.
10. TRAVEL EXPENSES. Expenses associated with travel, per diem, lodging and mileage
will be invoiced at the Federal published reimbursement rate at the time the expenses
are incurred and will be billed to the County at cost without mark-up.
11. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. 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.
12. 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 contract 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.
13. 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, 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
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time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
14. 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 immediately for cause; further the County may terminate this
Agreement for convenience with a seven (7) day written notice. The County shall be
sole judge of non-performance.
15. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
16. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
D. Professional Liability: Coverage shall have a minimum limit of $1,000,000.
E. Subcontractorls), Insurance: Subcontractors shall be required to maintain
Commercial General Liability Insurance with minimum limits of $500,000;
Workers' Compensation as per Statutory Limits of Florida Statutes, Chapter 440
and all Federal Government Statutory Limits and Requirements; and Automobile
Liability Insurance with minimum limits of $500,000. The Contractor shall
provide County with Subcontractors' certificates of insurance meeting the
required insurance provisions upon request.
F. Special Requirements: Collier County shall be listed as the Certificate Holder
and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
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Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
17. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor or Consultant shall indemnify and hold harmless Collier County, its officers
and employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of Contractor or Consultant
or anyone employed or utilized by the Contractor or Consultant 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.
18. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Solid Waste Department.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
The Contractor hereby further agrees that for each entity given written approval by the
County to utilize this option, the Contractor/Consultant shall provide the County a
check in the amount of three percent (3%) of the total annual purchases made under
each entity's contract. Contractor shall be required to provide yearly documentation of
such entities' total annual purchases in a form approved by the County.
20. 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.
21. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #05-3831 Specifi-
cations / Scope of Services/Contractor's Proposal and Addenda.
22. 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.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST .... '"''''''''
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Attest as 'to ''6Wi,t'~\~'
signature on 1y: .'
Approved as to form and
legal sufficiency:
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R~b:;Zachr
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: M W r o>-<A O~,
Chairma~ "-"" a.......
SOLID RESOURCES, INC.
Contractor
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First Witness
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Signature
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APPENDIX A
Collier County Fee Schedule
RFP 05-3831
"FEMA Acceptable Monitoring of Disaster Generated Debris Management and Technical
Assistance"
Professional Hourlv Fee
Principal $140.00
Project Manager/Deputy Project Manager $120.00
FEMA Coordinator/Specialist $110.00
Data Manager $ 75.00
Field Coordinator/Supervisor $ 70.00
GIS Analyst $ 70.00
Disposal Monitor $ 45.00
Collection Monitor $ 40.00
Administrative Support/Clerical!
Data Entry $ 35.00
This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional,
support, and other services shall be mutually negotiated by the County and the firm on a project-by-
project basis as needed.
END OF APPENDIX A
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Ac!JBD", CERTJFICATE OF LIABILITY. INSURANCE I DATE (MMfDDlYYVV)
. ~ 7/8/2005
PRODUCER (813)248-1135 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
LORO & CO., PLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PATRICIA LANE SCNMALTZ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. BOX 291887 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
TAMPA, FL 33887-1887
INSURERS AFFORDING COVERAGE NAIC#
INSURED SOLID RESOURCES, INC. 'NSURER A, AMER I CAN SAFETY RISK RETENT I ON GROUP
4458 FRIAR TUCK LANE INSURER B AMER I CAN I NTERNAT I ONAL COMPAN I ES -
SARASOTA, FL 34232 INSURER C:
INSURER 0:
INSURER E-
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
~ ,..,..'" ^"' POLICY NUMBER POL.ICY EFFECTIVE POLICY eXPIRATION LIMITS
~NERAL L1ABIUTY EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY PFL 04-7483-001 09/24/2004 09/24/2005 I ~~~~~~s ED occurencel $ 50,000
I ClAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5,000
A X J- CONTRACTORS POLLUTION PERSONAL & ADV INJURY $ 1 000 000
I.- GENERAL AGGREGATE $ 2,000,000
m'L AGG~EnE lIM!T APnS PEA ~~ODUCTS - COMP/OP AGG $ 2,000--,~
X POLICY ~~9.,: lOC
I ~OUOBIl.E l.IABILlTY COMBINED SINGLE LIMIT 1,000,000
SRI01S01FF 09/24/2004 09/24/2005 (Ea accident) $
I-- ANY AUTO
1--- All. OWNED AUTOS BODILY INJURY
$
A I.- SCHEDULED AUTOS (Per person)
J- HIRED AUTOS BODILY INJURY
$
i J- NON-OWNED AUTOS (Peraccidenl)
I.- PROPERTY DAMAGE $
(Per accident)
~rGE LIABILITY .,A.-~TO ONLY - EA ACCIDENT $
I ANY AUTO EA ACC $
OTHER THAN
AUTO ONl. y. AGG $
:3ESSfUMBRELLA L1ABILfTY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
I $
~ DEDUCTIBLE $
RETENTION $ $
r WORKERS CQMPENSATlON A~Q X I WC STATU- IOJ.t'
EMPLOYERS' UABILITY WC7757370 09/28/2004 09/28/200S 1,000000
B ANY PROPRIETOR/PARTNERfEXECUTIVE ~~, EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L DISEASE. EA EMPLOYEE $ 1 000 000
, ~~Edl~~~~Jj~1~NS below
E.L. DISEASE - POLICY LIMIT $ 1 000 000
OTHER EACH CLAIM 1,000,000
PROFESSIONAL LIABILITY
A INCL IN POLICY & LIMIT PFL 04-7483-001 09/24/2004 09/24/2005 ANNUAL AGGREGATE 2,000,000
WITH GENERAL LIABILITY
DESCRIPTION OF OPERATlONS, LOCATIONS' VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
I CERTIFICATE HOLDER HAS BEEN NAMED AS ADDITIONAL INSURED UNDER THE GENERAL LIABILITY COVERAGES REFERENCED HEREIN AS RESPECTS THE
NAMED INSURED AND AS PER THE TERMS AND CONDITIONS OF THE POLICY AS ISSUED.
05- 3li'31
CERTIFICATE HOLDER
COLLIER COUNTY BOARD OF COUNTY COMMISSIONS
3301 EAST TAMIAMI TRAIL
CANCELLATION
NAPLES FL 34112
SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001108)