#09-5300 (Dixie Drainfield)
AG R E E ME NT09-5300
for
U Annual Contract for Emergency and Scheduled Grease, Sludge and Sewage Hauling"
THIS AGREEMENT, made and entered into on this 9 day of February 2010, by and between
Dixie Drainfields lnc., authorized to do business in the State of Florida, whose business
address is 245 22nd Avenue N.E., Naples, Florida 34120, 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 contract shall be for an initial two (2) year period, commencing on February 9, 2010,
and terminating on February 8, 2012.
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 period. The County 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 Board of County Commissioners deemed three (3) firms
to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into
an Agreement to provide emergency and scheduled grease, sludge and sewage hauling
on an as-needed basis as may be required by the County in accordance with the terms
and conditions of BIO#09-5300 and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement. The execution of this Agreement
shall not be a commitment to the Contractor that any work will be awarded to the
Contractor. Rather, this Agreement governs the rights and obligation of the Quotation
procedure outlined in the next paragraphs and all Work undertaken by Contractor for
County pursuant to this Agreement and the procedure during the term and any
extension of the terms of the Agreement.
A. Scheduled Work: All services requested by the County that does not require a one
(1) hour site response will be considered Scheduled Work
. Scheduled Work will be performed on a time and material or lump sum basis
. For Work having a value of $50,000.00 or less, the department may select one of
the Contractors on the contract and obtain a quote. The department shall
Page lof8
provide a summary of Work to be performed which will afford the selected
Contractor the opportunity to submit a formal quotation for the Work. The
Contractor shall respond with the information sought within seven (7) working
days. Upon reaching a mutually acceptable cost for the Scheduled Work, a
purchase order will be awarded to the selected Contractor.
. For Work having a value over $50,000.00 the department shall solicit quotes
from all Contractors under the contract. The department shall provide a
summary of Work to be performed which will afford the Contractor(s) the
opportunity to submit a formal quotation for the Work. The Contractor (s) shall
respond with the information sought within seven (7) working days. A
purchase order will be awarded to the lowest, responsive and responsible
quoter.
. Scheduled services shall be available between the hours of 7:00 a.m. and 5:30
p.m., Monday through Friday, excluding County recognized holidays.
. Any equipment not listed in the Contractors proposal must be approved by the
County prior to commencement of work.
. In each Request for Quotation, the County reserves the right to specify the
period of completion and the collection of liquidated damages in the event of
late completion.
B. Emergency Work: All Work requiring a one (1) hour site response. Emergency
Work will be performed on a time and material basis.
. For Emergency Work, the department may select any Contractor on the
contract.
. The Contractor must be available on a twenty-four (24) hour basis, 365 days per
year
. The Contractor must provide the County with an on-call telephone number for
emergency services.
. Contractor must respond on-site within one (1) hour after notification of an
emergency by Collier County personnel
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
the Work pursuant to the quoted price offered by the Contractor in his response to a
specific request for Quotation for Scheduled work. Quotes may be based on time and
material or lump sum, in accordance with Exhibit A, Rate Schedule. Emergency Work
shall be paid on time and material basis, in accordance with Exhibit A, Rate Schedule.
Payment will be made upon receipt of a proper invoice and upon approval by the
project manager or his designee, and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act".
4. 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.
Page 2 of8
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:
Dixie Drainfields Inc.
Timothy M. Beebe, President
245 22nd Avenue N.E.
Naples, Florida 34120
239-455-3795
239-353-1391
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
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.
6. 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.
7. 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. 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.
8. 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
Page 3 of8
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.
9. 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
non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. 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.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County Government 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 ten (10) 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.
Page 4 of8
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.
D. Pollution Liability Insurance: Coverage shall have a minimum of $1,000,000 per
occurrence bodily injury and property damage.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor 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 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. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Waste Water Department.
14. 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.
15. 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, Exhibit A, Rate Schedule, Insurance Certificate, Bid
#09-5300, Scope of Services and Addendum.
16. 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.
17. 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
Page 5 of8
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 contract held by the individual and/ or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto, as either
may be amended. 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.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terrns and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. 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.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contractor.
22. 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.
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.
Page 6 of8
23. PRICING: Pricing shall be inclusive of all costs. Payment shall be full compensation for
all services, labor, tools, equipment, travel and any other items required for project
completion andj or completion of services.
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ';t\JL W C".~
Fred W. Coyle, Chairman '
.
Dixie Drainfields Inc.
, iUtdtrA8;~
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First Witness
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Approved as to form and
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Print Name
Page 7 of8
Tanker Size
2,500 Gallon Tanker
5,000 Gallon Tanker
10,000 Gallon Tanker
Hourly Sum of all Three Tankers
Exhibit A
Rate Schedule
Scheduled
$ 210.00/hr
$ 210.00/hr
$ 210.00/hr
$ 630.00/hr
Emergency
$ 21O.00/hr
$ 210.00/hr
$ 210.00/hr
$ 630.00/hr
Specialty equipment/ tankers requires prior approval from the County
Page 8 of 8
CERTIFICATE OF LIABILITY INSURANCE .....~
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Page 1 of 2
From:
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COLLIER COUNTY GOVERNMENT
Board of County Commissioners
3301 East Tamiami Trail. Naples. Florida 34112.239-252-8999
DATE:
ATTN:
Feb. 18. 2010
FROM:
SUBJECT:
NOTE:
FW: Contract 09-5300 "Emergency and Scheduled Grease, Sludge, and Sewage Hauling"
Barbara,
Please see items below. Thanks,
Diana De Leon
Collier County Board Of County Commissioners
Purchasing Dept.. Bldg. G
3301 E. Tamiami Trail
Naples, FL 34112
(239)252-8375; Fax (239)252-6597
dia nadeleon~colliergov .net
From: RaymondCarter
Sent: Thursday. February t8. 20109:21 AM
To: perryman_d
Cc: JohnsonSco1t; YilmazGeorge
Subject: Contract 09-5300 "Emergency and Scheduled Grease, Sludge. and Sewage Hauling"
Dianna, I have the following questions concerning the certlftcate(s) provided by Dixie Dratnflelds. Inc. which
need to be addressed;
The policy number for pollubon liability needs to be provided instead of TBD /
Insurer "General Ins Co of America" has two NAtC numbers: 24732 under Insurer A which is listed by
.-AJ\tBest. and 01345 under Insurer B which is not listed by AM Best ~ '
~ * ,,". The certi_fi~.M~ prOYidl".Q W. arkers Compensation states under description of Op~rlJtlon "effectlv~e . I A . I
i 03/2tI2007~24157"~tdoes thIs refers to? () ~'" <: ''''I>~W\ IYIIIIl'\. UN1LR/Jt-s, ~v~V E2
\ . Insurer A is listed as Southern Eagle Insurance Company(SEIC) NAIC#t 1535 which is Incorrect, my], ,
"- research Indicates SEIC should be NAIC#t015t .'. ~
~ J......
I will await revised certlflcates that answer the above questions. 'l{
Thank you,
Ray
Ra)lmond Carter
Manager Risk Finanace
Office 239-252-8839
Cell 239-82t -9370
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