Agenda 12/13/2016 Item #16A36 16.A.36
12/13/2016
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid No. 16-6575 - Purchase and Delivery of Fertilizer to
multiple vendors: Florikan ESA,LLC; Green Technologies,LLC; and SiteOne Landscape Supply;
and authorize the Chairman to sign the attached Agreements.
OBJECTIVE: To provide a countywide contract utilizing multiple vendors for fertilizer purchases on an"as-
needed"basis.
CONSIDERATIONS: On September 26, 2016, the County advertised Invitation to Bid No. 16-6575 for the
"Purchase and Delivery of Fertilizer" on the Collier County Online Bidding System. There were two hundred
twenty two (222) notices sent of which nineteen (19) addresses downloaded the bid documents. There were
three(3)bids submitted by the October 10,2016, deadline date.
The award was based on a line item by line item comparison of the lowest price by vendor. One of the
vendors, SiteOne Landscape Supply, bid several line items as substitutions that were approved as equivalents.
However,two (2) lower priced line items bid by SiteOne were not acceptable as equivalents following a blend
label analysis. The ITB provided that the County has sole discretion as to whether to accept substitute blends.
Therefore, the bid submitted by Florikan for the actual line items solicited for line items 70 and 71 is
recommended for award, rather than the low bid prices submitted by SiteOne for items that were deemed
unacceptable equivalent substitutions.
Staff recommends awarding the lowest priced products by vendor as highlighted in yellow on the attached bid
tabulation to Florikan ESA, LLC; Green Technologies, LLC; and SiteOne Landscape Supply, with the
exception of line items numbers 70 and 71, as discussed above.
FISCAL IMPACT: Funds for these purchases shall come from each using division's budget as needs are
identified. In recent fiscal years, an average of$250,000 has been spent on these purchases countywide.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for
Board approval.-SRT
RECOMMENDATION: To award Invitation to Bid No. 16-6575 - Purchase and Delivery of Fertilizer to:
Florikan ESA, LLC; Green Technologies, LLC; and SiteOne Landscape Supply; and authorize the Chairman
to sign the attached Agreements.
Prepared by: Melissa Pearson, CPPB, Contract Administration Specialist, Road Maintenance Division,
Growth Management Department
ATTACHMENT(S)
1. Florikan-E.S.A. -Agreement CAO approved (PDF)
2. Green Technologies -Agreement CAO approved (PDF)
3. SiteOne Landscape Supply-Agreement CAO approved (PDF)
4. 16-6575 spec- ITB (PDF)
5. 16-6575 Bid Tabulation(PDF)
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16.A.36
12/13/2016
.-tea COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.36
Item Summary: Recommendation to award Invitation to Bid No. 16-6575 - Purchase and
Delivery of Fertilizer to multiple vendors: Florikan ESA, LLC; Green Technologies, LLC; and SiteOne
Landscape Supply; and authorize the Chairman to sign the attached Agreements.
Meeting Date: 12/13/2016
Prepared by:
Title: Contract Administration Specialist—Road Maintenance
Name: Melissa Pearson
11/04/2016 12:30 PM
Submitted by:
Title: Division Director-Road Maintenance—Road Maintenance
Name: Travis Gossard
11/04/2016 12:30 PM
Approved By:
Review:
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 11/04/2016 4:59 PM
Capital Project Planning,Impact Fees,and Program Management Gloria Herrera Additional Reviewer Completed
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 11/07/2016 2:16 PM
Road Maintenance Travis Gossard Additional Reviewer Completed 11/08/2016 3:17 PM
Procurement Services Ted Coyman Additional Reviewer Completed 11/09/2016 1:28 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 11/09/2016 1:38 PM
Procurement Services Allison Keams Additional Reviewer Completed 11/09/2016 1:55 PM
Growth Management Department Gene Shue Additional Reviewer Completed 11/14/2016 12:46 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/16/2016 1:44 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/16/2016 4:49 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/17/2016 9:19 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/17/2016 10:38 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/17/2016 12:18 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 2:30 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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16.A.36.a
AGREEMENT16-6575
for
Purchase and Delivery of Fertilizer
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THIS AGREEMENT, made and entered into On this day of 2016,
by and between Florikan-E.S.A. LLC, Contractor, authorized to do business in the State of
Florida, whose business address is 6801 Energy Ct, Ste 100 Sarasota, Florida 34240, (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"):
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WITNESSETH:
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1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing
on Date of Board award and terminating on (1) year from that date or until all
outstanding Purchase Orders issued prior to the expiration of the Agreement period Q
have been completed or terminated.
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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 three
(3) additional one (1) year periods. The County shall give the Contractor written notice M
of the County's intention to renew the Agreement term prior to the end of the `!
Agreement term then in effect.
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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 Q
issuance of a Purchase Order.
3. STATEMENT OF WORK. The Contractor shall provide Sale and Delivery of Fertilizer w
in accordance with the terms and conditions of Invitation to Bid (ITB) #16-6575,
Exhibit A — Scope of Work, and the Contractor's proposal referred to herein and made
an integral part of this Agreement. This Agreement contains the entire understanding T.
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.
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4. THE AGREEMENT SUM. The County shall pay the Contractor for the units actually
ordered and furnished at the unit price in Exhibit B — Price 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 Road and Bridge Director or his
designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
"Local Government Prompt Payment Act."
4.1 Price Methodology:
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, o
including labor, materials, equipment, overhead, 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
inventory or cost verification.
4.2 Any County agency may obtain products/services under this Agreement,
provided sufficient funds are included in their budget(s).
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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)
to
months after completion of the Agreement. Any untimely submission of invoices beyond th
the specified deadline period is subject to non-payment under the legal doctrine of
"laches" as untimely submitted. Time shall be deemed of the essence with respect to the
timely submission of invoices under this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes o
associated with the Work or portions thereof, which are applicable during the a
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-2.
6. 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:
Florikan-E.S.A. LLC
6801 Energy Court, Suite 100
Sarasota, FL 34240 11,1
Telephone: 941-379-4048
Fax: 941-377-3633
Attn: Brian Patterson, Vice President
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to: w
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Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Director, Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Contractor and the County may change the above mailing address at any time uponCD
giving the other party written notification. All notices under this Agreement must be in o
writing. �.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating o
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.
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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 C°
procured and paid for by the Contractor. The Contractor shall also be solely responsible N
for payment of any and all taxes levied on the Contractor. In addition, the Contractor N
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 2
employed by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to U
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 toEti
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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 co
(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.
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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 non-
performance.
In the event that the County terminates this Agreement, Contractor's recovery against a)
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 o
on portions of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as o
to race, sex, color, creed or national origin.
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12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Q
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage c-
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 N
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership. o
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C. Workers' Compensation: Insurance covering all employees meeting Statutory ca
Limits in compliance with the applicable state and federal laws.
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The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
D. Pollution: Such insurance shall have limits of not less than $1,000,000 per
occurrence. d
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Special Requirements: Collier County Government, Collier County, Collier County
Board of County Commissioners, or Board of County Commissioners in Collier County,
shall be listed as the Certificate Holder and included as an Additional Insured on the
Comprehensive General Liability Policy. w
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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 ten (10) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire
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until the greater of: ten (10) 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 he is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor w
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, 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.
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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 z
to indemnify, and the duty to defend exists regardless of any ultimate liability of the o
Contractor, County and any indemnified party. The duty to defend arises immediately Q
upon presentation of a claim by any party and written notice of such claim being provided g
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 U
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 Road and Bridge 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 0
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), ITB #16-6575 Scope
of Work Exhibit A — Scope of Work, Exhibit B — Price Schedule and any subsequently
quotes.
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17. 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.
18. 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 Ill, 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 o
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 o
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate lc
termination of any Agreement held by the individual and/or firm for cause. c
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19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to i.-2.
comply, at its own expense, with all federal, state and local laws, codes, statutes, c-
ordinances, rules, regulations and requirements applicable to this Agreement, including N-
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; taxation, workers' compensation, equal employment and safety (including, cs,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida
Public Records Law Chapter 119, including specifically those contractual requirements 0
at F.S. § 119.0701(2)(a)-(b) as stated as follows: o
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE m
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE a
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC aiai
RECORDS AT: E
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Communication and Customer Relations Division Q
3299 Tamiami Trail East, Suite 102 ui
Naples, FL 34112-5746 ti
Telephone: (239) 252-8383 L
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The Contractor must specifically comply with the Florida Public Records Law to:
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1. Keep and maintain public records required by the public agency to perform the
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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
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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
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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. co
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20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and o
conditions of this solicitation or resultant Agreement to other governmental entities at the Q
discretion of the successful proposer.
21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or c.)
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
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22. 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. cri
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23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by ca
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
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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.
24. 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. o
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25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized cu
for this Agreement shall be knowledgeable in their areas of expertise. The County o
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 c
shall assign as many people as necessary to complete the Agreement on a timely basis, 0
and each person assigned shall be available for an amount of time adequate to meet the
required service delivery dates. a
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26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or 0
the County's Board approved Executive Summary, the Contract Documents shall take
precedence. N
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27. 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 o
this Agreement or any part herein, without the County's consent, shall be void. If Q
Contractor does, with approval, assign this Agreement or any part thereof, it shall 04
require that its assignee be bound to it and to assume toward Contractor all of the Q
obligations and responsibilities that Contractor has assumed toward the County. c.)
28. 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 0
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management Q
Division for all employees that shall provide services to the County under this 6
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. 8
Contractor shall be required to maintain records on each employee and make them
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available to the County for at least four (4) years. 5
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All of Contractor's employees and subcontractors must wear Collier County Governmentcz
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
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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-FMOPSCa�colliergov.net) 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.
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IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
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Dwight E. Brock, Clerk of Courts N
By: By:
Donna Fiala, Chairman
Dated:
(SEAL) cp
Florikan E.S.A. LLC
Contractor
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By: a
First Witness Signature
TType/print witness nameT TType/print signature and titleTh
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Second Witness N
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TType/print witness nameT
Approved as to Form and Legality:
Assistant County Attorney
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Print Name
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Exhibit A- Scope of Work
1. Specifications:
Orders for fertilizer may be requested from multiple County Divisions and the Contractor shall be
required to deliver the product to various locations throughout the County. Note: Items listed as "bag"
must be water resistant bags.
The Contractor unit pricing shall be inclusive of all labor, equipment, materials,
delivery/shipping/freight charges, product returns, packing, transportation and services as specified in
the specifications. All fertilizers awarded shall comply with Florida Administrative Code, Chapter 5E- ,�
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The Contractor shall provide:
1.1 Contractor Contact Information
Contractor shall provide the Division with key personnel that will be the account representative(s) and
main points of contact for order placements, inquiries, and deliveries.
1.2 Ordering
The County shall provide the Contractor with a purchase order (PO) prior to or with order placement. d
Product will be ordered on an "as needed" basis.
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a. Divisions shall contact the Contractor and provide the bid line item including the product name and CD
description, order quantity, and delivery location.
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b. Contractor shall immediately notify the ordering Division if a product ordered is out-of-stock or on
backorder for more than three (3) days. For any product that is not available at order placement from
the Primary Contractor, the Division may place an order with the Secondary, then Tertiary o
Contractors, if needed. Once product is back in stock and available, the Primary Contractor will be 2
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used for future purchases.
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1.3 Delivery 0
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a. Shipments shall be "Free on Board" (FOB) Destination.
b. Contractor shall deliver product within three (3) business days from the order date.
c. The Divisions shall be the final authority on any issues that may arise as to the quality and
acceptability of any products or services under the resultant contract. If, in the opinion of a Division ui
representative, any part of the Contractor's delivery performance or products become unsatisfactory,
there will be no cost to the County to resolve the issues. Any delivered product found to be defective
or incorrect shall be returned to the Contractor at their expense. The Contractor shall complete any Q
additional deliveries at no cost to the County to resolve the issue.
2. Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets (MSDSs):
The Hazard Communication Standard (HCS) requires chemical manufacturers and distributors to
provide SDSs so consumers are aware of the hazards of hazardous chemicals, chemical compounds,
and chemical mixtures. SDSs shall be included with every delivery.
Page 11 of 12
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16.A.36.a
Exhibit B- Price Schedule
A.FERTILIZER
ITEM UOM • PRICE
PRODUCT NAME/DESCRIPTION
41 28-0-12-180-LND, Florikan 6 Month Turf&Shrub 501b/Bag 3 850
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42 29-0-1 1-180-LND Florikan 6 Month Turf Blend 501b/Bag Y'
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46 43-0-0 66%Slow Release 501b/Bag � e,
rika d � x F ,tea- sa6-2a'�f
56 8-2-12-090-LND-CC, Florikan Custom 8-2-12 with added 50lb/Bag
S, Mn, and Chelated Fe
FLORIKAN-MAX+MN+S, Florikan Homogeneous Sulfate -a
58 501b/Bag 1001 R
and Sucrate mix with added MN and S 51 �„
FLORIKAN-TTL+MN+S+B, Florikan Homogeneous Sulfate °� N
59 501b/Bag
Minors with added B,S,MN, and Chelated Fe
FLORIKAN-TTL+MN-090B, 501b/Ba
60 cs-
Florikote Coated g _ 5
70 8-2-12 Florikote Collier Palm Blend 501b/Bag
71 8-2-12 Florikote Advantage Blend 501b/Bag 0 25�5 iT
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Page 12 of 12
Agreement#16-6575"Purchase and Delivery of Fertilizer"
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16.A.36.b
AGREEMENT 16-6575
for
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Purchase and Delivery of Fertilizer N
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THIS AGREEMENT, made and entered into on this day of 2016,
by and between Green Technologies LLC, Contractor, authorized to do business in the State o
of Florida, whose business address is 4051 NW 43rd Street Suite 36, Gainesville, Florida
32606, (the "Contractor") and Collier County, a political subdivision of the State of Florida, ;
(the "County"): o
WITNESSETH: c
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1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing Q
on Date of Board award and terminating on (1) year from that date or until all c-
outstanding Purchase Orders 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 M
Agreement under all of the terms and conditions contained in this Agreement for three N
(3) additional one (1) year periods. The County shall give the Contractor written notice 1
of the County's intention to renew the Agreement term prior to the end of the o
L
Agreement term then in effect.
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The County Manager, or his designee, may, at his discretion, extend the Agreement
o
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 6
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect. c
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon w
issuance of a Purchase Order. a
0
3. STATEMENT OF WORK. The Contractor shall provide Sale and Delivery of Fertilizer o-
in accordance with the terms and conditions of Invitation to Bid (ITB) #16-6575, I–
Exhibit A – Scope of Work, and the Contractor's proposal referred to herein and made iii
an integral part of this Agreement. This Agreement contains the entire understanding 6
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, cp
as amended, and Procurement Procedures in effect at the time such services are a
authorized. CISy
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4. THE AGREEMENT SUM. The County shall pay the Contractor for the units actually
ordered and furnished at the unit price in Exhibit B – Price Schedule, attached hereto —
Page 1 of 12
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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 Road and Bridge Director or his
designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
"Local Government Prompt Payment Act."
4.1 Price Methodology: 47,
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, 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 ;
inventory or cost verification. o
•
4.2 Any County agency may obtain products/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 a
receipt and approval of invoices submitted on the date of services or within six (6) a
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
"laches" as untimely submitted. Time shall be deemed of the essence with respect to the
timely submission of invoices under this Agreement. M
N
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 o
performance of the Work. Collier County, Florida as a political subdivision of the State Q
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2.
6. 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:
Green Technologies LLC
4051 43rd Street, Suite 36
Gainesville, FL 32606 0
Telephone: 352-379-7780
Fax: 352-379-7749
Attn: Marla Buchanan D
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
Procurement Services Division
3327 Tamiami Trail, East
Page 2of12 12)
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16.A.36.b
Naples, Florida 34112
Attention: Director, Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
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. 05
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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 a
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
CD
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 N
comply with all laws governing the responsibility of an employer with respect to persons .�
employed by the Contractor.
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9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to 0
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 U
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 o
(24) hours after receiving notice of such violation, conduct, or practice, such suspension o
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.
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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 non-
performance.
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16.A.36.b
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.
N
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin. o
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate 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.
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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 Q
each accident. Q
D. Pollution: Such insurance shall have limits of not less than $1,000,000 per
occurrence.
Special Requirements: Collier County Government, Collier County, Collier County
Board of County Commissioners, or Board of County Commissioners in Collier County,
shall be listed as the Certificate Holder and included as an Additional Insured on the `
Comprehensive General Liability Policy. o
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 ten (10) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire
until the greater of: ten (10) days prior written notice, or in accordance with policy 0
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 y
change in coverage or limits received by Contractor from its insurer, and nothing
contained herein shall relieve Contractor of this requirement to provide notice.
Page 4 of 12
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Contractor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
13. 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, 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 ti
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 N
to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will N
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. Q
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of o
the County by the Road and Bridge 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. I
c
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the o
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), ITB #16-6575 Scope
of Work Exhibit A — Scope of Work, Exhibit B — Price Schedule and any subsequently
quotes.
17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
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the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
18. 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
Page 5 of 12
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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 N
termination of any Agreement held by the individual and/or firm for cause.
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19. 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, 'c,
ordinances, rules, regulations and requirements applicable to this Agreement, including .°a
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as to
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be u)
05
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida 2-
Public Records Law Chapter 119, including specifically those contractual requirements c-
at F.S. § 119.0701(2)(a)-(b) as stated as follows:
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE M
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLICo
RECORDS AT: °
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Communication and Customer Relations Division 0
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3299 Tamiami Trail East, Suite 102 U
Naples, FL 34112-5746
Telephone: (239) 252-8383
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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 0
service.
2. Upon request from the public agency's custodian of public records, provide the C)
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 0
cost provided in this chapter or as otherwise provided by law. c�
3. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized e'
by law for the duration of the contract term and following completion of the
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contract if the Contractor does not transfer the records to the public agency. d
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
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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 E
agency, upon request from the public agency's custodian of public records, in a Ki
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format that is compatible with the information technology systems of the public ,,
agency. u_o
If Contractor observes that the Contract Documents are at variance therewith, it shall a,
promptly notify the County in writing. Failure by the Contractor to comply with the laws o
referenced herein shall constitute a breach of this Agreement and the County shall have a
the discretion to unilaterally terminate this Agreement immediately.
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20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and n
conditions of this solicitation or resultant Agreement to other governmental entities at the cam•
discretion of the successful proposer. Lo
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21. 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 N
shall remain in effect. N
22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to c
this Agreement in compliance with the Procurement Ordinance, as amended, and Q.
0.
Procurement Procedures. 0
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23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by 0
this Agreement to resolve disputes between the parties, the parties shall make a good a,
faith effort to resolve any such disputes by negotiation. The negotiation shall be a)
attended by representatives of Contractor with full decision-making authority and by a)
County's staff person who would make the presentation of any settlement reached Q
during negotiations to County for approval. Failing resolution, and prior to the 0 a)
commencement of depositions in any litigation between the parties arising out of this o
Agreement, the parties shall attempt to resolve the dispute through Mediation before an o
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall E
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 a
mediation to County's board for approval. Should either party fail to submit to mediation F.
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as required hereunder, the other party may obtain a court order requiring mediation , ;
under section 44.102, Fla. Stat. to
24. VENUE. Any suit or action brought by either party to this Agreement against the other ca
party relating to or arising out of this Agreement must be brought in the appropriate e
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
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25. 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 the Agreement on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet the "-
required service delivery dates. ,
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26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of 0,
any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or
the County's Board approved Executive Summary, the Contract Documents shall take o
precedence. -o
27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without y
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 2
Contractor does, with approval, assign this Agreement or any part thereof, it shall a
require that its assignee be bound to it and to assume toward Contractor all of the 14
obligations and responsibilities that Contractor has assumed toward the County.
28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as N
amended. Background checks are valid for five (5) years and the Contractor shall be N
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management d
Division for all employees that shall provide services to the County under this 2
Agreement. This may include, but not be limited to, checking federal, state and local law 0
enforcement records, including a state and FBI fingerprint check, credit reports, o
education, residence and employment verifications and other related records. 0
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years. E
F.'.
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AU of Contractor's employees and subcontractors must wear Collier County Government a
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 a
can be renewed each year at no cost to the Contractor during the time period in which o
their background check is valid, as discussed below. All technicians shall have on their s
shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management d
Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to cD
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 P
(4) hours of separation may result in a deduction of$500 per incident. 0
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* * * * *
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16.A.36.b
IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized '1
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Donna Fiala, Chairman ;
Dated: °'
(SEAL)
Green Technologies LLC
Contractor
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By:
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First Witness Signature
-'Type/print witness nameT TType/print signature and titleT
Second Witness
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Approved as to Form and Legality: a
Assistant County Attorney o
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Print Name
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Exhibit A- Scope of Work
1. Specifications:
Orders for fertilizer may be requested from multiple County Divisions and the Contractor shall be
required to deliver the product to various locations throughout the County. Note: Items listed as, "bag"
must be water resistant bags. �.
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The Contractor unit pricing shall be inclusive of all labor, equipment, materials,
delivery/shipping/freight charges, product returns, packing, transportation and services as specified in
the specifications. All fertilizers awarded shall comply with Florida Administrative Code, Chapter 5E-
1. >,
The Contractor shall provide:
1.1 Contractor Contact Information
Contractor shall provide the Division with key personnel that will be the account representative(s) and N
main points of contact for order placements, inquiries, and deliveries.
1.2 Ordering o
The County shall provide the Contractor with a purchase order (PO) prior to or with order placement.
Product will be ordered on an "as needed" basis.
a. Divisions shall contact the Contractor and provide the bid line item including the product name and
description, order quantity, and delivery location. N
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b. Contractor shall immediately notify the ordering Division if a product ordered is out-of-stock or on -c
backorder for more than three (3) days. For any product that is not available at order placement from ;
the Primary Contractor, the Division may place an order with the Secondary, then Tertiary 2
Contractors, if needed. Once product is back in stock and available, the Primary Contractor will be
used for future purchases.
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1,3 Delivery
a. Shipments shall be "Free on Board" (FOB) Destination.
b. Contractor shall deliver product within three (3) business days from the order date.
c. The Divisions shall be the final authority on any issues that may arise as to the quality and o
acceptability of any products or services under the resultant contract. If, in the opinion of a Division 5
representative, any part of the Contractor's delivery performance or products become unsatisfactory,
there will be no cost to the County to resolve the issues. Any delivered product found to be defective F
or incorrect shall be returned to the Contractor at their expense. The Contractor shall complete any
additional deliveries at no cost to the County to resolve the issue.
2. Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets (MSDSs):
The Hazard Communication Standard (HCS) requires chemical manufacturers and distributors to
provide SDSs so consumers are aware of the hazards of hazardous chemicals, chemical compounds,
and chemical mixtures, SDSs shall be included with every delivery.
Page 10 of 12
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Green Technologies LLC (b
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I6.A.36.b
Exhibit B. Price Schedule
A.FERTILIZER
ITEM UOM PRICE
PRODUCT NAME/DESCRIPTION
a)
1 6-3-0
501b/Bag $ 9.98* —
2 8-5-2
501b/Bag � � o
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3 8-4-7 501b/Bag r ''''f >
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4 8-4-8
501b/Bag $ 14.29* -a
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5 12-2-8 501b/Bag abi�� x N
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6 10-8-10 501b/Bag
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7 10-10 10 501b/Bag $ 14.29*
8 8-2-12
501b/Bag $ '' ,
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9 0-0 21 Sulfate of Potash-Magnesia 501b/Bag 1 4 ! 4.4
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4 '-z0. u3 �nA Zr c� 1 2
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10 00-22 So-Po Mag 501b/Baggy � � r�� �� o
1 1 0_0-62 Muriate of Potash 501b/Bag $ 0
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14 13-3-13
3 3 13 501b/Bag 98 h y � i s ", 0
' ! b ik ,j 3 Y�'1 d' 1.
15 14_14_14 Poly Plus Sulfur Coated 501b/Bag � ` ,A l8 984 c
17 15-0 15 for Rotary Spreader 501b/Bag $ 15.89 * Q
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20 15-3-15
5 3 15 501b/Bag V$' 4.98 a'3 � a�
,x ,' �s� r ON �r x trig
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22
15_5_10 50lb/Bag $, 7 fi ,, �
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23 15 5 15 501b/Bag $ 9 m
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26 16 4 8 25%Slow Release 501b/Bag $ 16.89* ;;
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27 16-4-8 50%Slow Release 501b/Bag $ 18.98
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28
17_8_11 50lb/Bag 1 F i Q
35 21-0-0 Ammonium Sulfate 501b/Bag yy9 f r � �'�wln .--
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Page 11 of 12
Agreement#16-6575"Purchase and Delivery of Fertilizer"
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16.A.36.b
37 24-4-8 501b/Bag :"
48 6-2-12 XTRA 501b/Bag
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*Contractor shall immediately notify the ordering Division if aproduct ordered is out-of-stock or on
backorder for more than three (3) days. For any product that is not available at order placement from
the Primary Contractor, the Division may place an order with the Secondary, then Tertiary
Contractors, if needed. Once product is back in stock and available, the Primary Contractor will be o
used for future purchases.
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Page 12 of 12
Agreement#16-6575"Purchase and Delivery of Fertilizer"
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16.A.36.c
AGREEMENT16-6575 '~
for
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Purchase and Delivery of Fertilizer
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THIS AGREEMENT, made and entered into on this day of 2016, o
by and between SiteOne Landscape Supply LLC, Contractor, authorized to do business in
the State of Florida, whose business address is 3706 Progress Avenue, Naples, Florida
34104, (the "Contractor") and Collier County, a political subdivision of the State of Florida, o
(the "County"): -a
WITNESSETH:
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1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing
on Date of Board award and terminating on (1) year from that date or until all
outstanding Purchase Orders issued prior to the expiration of the Agreement period
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have been completed or terminated.
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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 three
(3) additional one (1) year 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.
0
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 Sale and Delivery of Fertilizer
in accordance with the terms and conditions of Invitation to Bid (ITB) #16-6575,
Exhibit A — Scope of Work, and the Contractor's proposal referred to herein and made
an integral part of this Agreement. This Agreement contains the entire understanding o
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. =_
6
Page 1 of 14
Agreement*164575"Purchase and Delivery of Fertilizer"
SiteOne Landscape Supply LLC
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16.A.36.c
4. THE AGREEMENT SUM. The County shall pay the Contractor for the units actually
ordered and furnished at the unit price in Exhibit B — Price 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 Road and Bridge Director or his
designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
"Local Government Prompt Payment Act." -"
4.1 Price Methodology:
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service o
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
inventory or cost verification.
4.2 Any County agency may obtain products/services under this Agreement, d
provided sufficient funds are included in their budget(s).
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4.3 Payments will be made for services furnished, delivered, and accepted, upon
4receipt 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
"laches" as untimely submitted. Time shall be deemed of the essence with respect to the
timely submission of invoices under this Agreement. o
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes e
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-2.
6. 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: �^
SiteOne Landscape Supply LLC
3706 Progress Avenue
Naples, FL 34104 N
Telephone: 800-321-5325 ex.2550
Fax: 248-581-1433 J
Attn: Molly Vorous o
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to: 'a;
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Page 2 of 14
Agreement#16-6575"Purchase and Delivery of Fertilizer"
SiteOne Landscape Supply LLC
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16.A.36.c
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112 F:Attention: Director, Procurement Services Division N
Telephone: 239-252-8407 =
Facsimile: 239-252-6480 E
**5
The Contractor and the County may change the above mailing address at any time upon L
giving the other party written notification. All notices under this Agreement must be in ;
writing. o
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating as
a partnership between the County and the Contractor or to constitute the Contractor as 0
an agent of the County. c
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8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits c-
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. w,
Payment for all such permits issued by the County shall be processed internally by the N
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 o
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 w
comply with all laws governing the responsibility of an employer with respect to persons °a
employed by the Contractor.
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9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to P
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 a
ordinance, rule, order or regulation, or of any governmental rule or regulation now in Q
effect or hereafter enacted or adopted. In the event of such violation by the Contractor 3
or if the County or its authorized representative shall deem any conduct on the part of 0
the Contractor to be objectionable or improper, the County shall have the right to a
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 0
(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 o
operation during the suspension period until the violation has been corrected to the 0
satisfaction of the County. `n.
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16.A.36.c
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 non-
performance. N
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 o
date of termination. The Contractor shall not be entitled to any other or further recovery L
against the County, including, but not limited to, any damages or any anticipated profit ;
on portions of the services not performed. o
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11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as us
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to race, sex, color, creed or national origin. co
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12. INSURANCE. The Contractor shall provide insurance as follows: n
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage tgii
Liability. This shall include Premises and Operations; Independent Contractors; '
Products and Completed Operations and Contractual Liability.
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B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per 0
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage o
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Q
Employee Non-Ownership. o
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C. Workers' Compensation: Insurance covering all employees meeting Statutory o
Limits in compliance with the applicable state and federal laws. a)
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The coverage must include Employers' Liability with a minimum limit of $500,000 for a
each accident.
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D. Pollution: Such insurance shall have limits of not less than $1,000,000 per =-
occurrence. a)
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Special Requirements: Collier County Government, Collier County, Collier County
Board of County Commissioners, or Board of County Commissioners in Collier County, c
shall be listed as the Certificate Holder and included as an Additional Insured on the
Comprehensive General Liability Policy. o
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Current, valid insurance policies meeting the requirement herein identified shall be u?
maintained by Contractor during the duration of this Agreement. The Contractor shall 0
provide County with certificates of insurance meeting the required insurance provisions. s
Renewal certificates shall be sent to the County ten (10) days prior to any expirationct
date. Coverage afforded under the policies will not be canceled or allowed to expire Q
until the greater of: ten (10) days prior written notice, or in accordance with policy
Page 4 of 14
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I6.A.36,c
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.
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Contractor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
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13. 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, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury, a
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 a
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. M
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13.1 The duty to defend under this Article 13 is independent and separate from the duty o
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 Fi
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 7
judgment that an action against the County or an indemnified party for the matter g
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 Road and Bridge Division. Q
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest andcts
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 in
set out verbatim: Contractor's Proposal, Insurance Certificate(s), ITB #16-6575 Scope
of Work Exhibit A — Scope of Work, Exhibit B — Price Schedule and any subsequently
quotes.
Page 5 of 14
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16.A.36.c
17. 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.
18. 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 •47.
"-
item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County o
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 o
the individual and/or firm from doing business with the County for a specified period of c)
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. u)
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19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the a
Contractor is formally acknowledging without exception or stipulation that it agrees to c-
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, includingto
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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 co
amended; taxation, workers' compensation, equal employment and safety (including, N
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida c
- Public Records Law Chapter 119, including specifically those contractual requirements 'o
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at F.S. § 119.0701(2)(a)-(b) as stated as follows: a
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: Q
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Communication and Customer Relations Division o
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746 0
Telephone: (239) 252-8383
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The Contractor must specifically comply with the Florida Public Records Law to:
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1. Keep and maintain public records required by the public agency to perform the
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service.
2. Upon request from the public agency's custodian of public records, provide the 0
public agency with a copy of the requested records or allow the records to be 3
inspected or copied within a reasonable time at a cost that does not exceed the a
cost provided in this chapter or as otherwise provided by law.
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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 CD
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 LL
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 0
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 o
format that is compatible with the information technology systems of the public
agency. a
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
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referenced herein shall constitute a breach of this Agreement and the County shall have •
the discretion to unilaterally terminate this Agreement immediately. M
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20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County 0
encourages and agrees to the successful proposer extending the pricing, terms and oi1
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful proposer. co
21. 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.
22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this Agreement in compliance with the Procurement Ordinance, as amended, and Q
Procurement Procedures.
23. 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
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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
Page 7 of 14
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as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Ha. Stat.
24. 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. ,
25. 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 o
competent persons will be utilized in the performance of the Agreement. The Contractor 0
shall assign as many people as necessary to complete the Agreement on a timely basis, 0a3
and each person assigned shall be available for an amount of time adequate to meet the 0
required service delivery dates. 2
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26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
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any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or
the County's Board approved Executive Summary, the Contract Documents shall take T
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precedence.
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27. 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 0
this Agreement or any part herein, without the County's consent, shall be void. If 'o 2
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 thers
obligations and responsibilities that Contractor has assumed toward the County.
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28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as E
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 2
costs of providing background checks by the Collier County Facilities Management Q
Division for all employees that shall provide services to the County under this Q
Agreement. This may include, but not be limited to, checking federal, state and local law Q.
enforcement records, including a state and FBI fingerprint check, credit reports, cn
education, residence and employment verifications and other related records. 0
Contractor shall be required to maintain records on each employee and make them w
available to the County for at least four (4) years. ea
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All of Contractor's employees and subcontractors must wear Collier County Government 0
Identification badges at all times while performing services on County facilities and 5
properties. Contractor ID badges are valid for one (1) year from the date of issuance and
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can be renewed each year at no cost to the Contractor during the time period in which i=
their background check is valid, as discussed below. All technicians shall have on their
shirts the name of the contractor's business.
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Page 8 of 14
Agreement#16-6575"Purchase and Delivery of Fertilizer"
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16.A 36.0
The Contractor shall immediately notify the Collier County Facilities Management
Division via e-mail (DL-FMOPS ancolliergov.net) 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.
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Agreement#16-6575"Purchase and Delivery of Fertilizer"
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16.A.36.c
IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
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By: By:
Donna Fiala, Chairman >
Dated:
(SEAL)
SiteOne Landscape Supply LLC
Contractor
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By:
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First Witness Signature
TT el rant signature and titleT
TType/print witness nameyp P g N
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Second Witness °
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Approved as to Form and Legality:
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Page 10 of 14
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SiteOne Landscape Supply LLC p
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16.A.36.c
Exhibit A- Scope of Work
1. Specifications:
Orders for fertilizer may be requested from multiple County Divisions and the Contractor shall be
required to deliver the product to various locations throughout the County. Note: Items listed as "bag"
must be water resistant bags.
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The Contractor unit pricing shall be inclusive of all labor, equipment, materials,
delivery/shipping/freight charges, product returns, packing, transportation and services as specified in L
the specifications. All fertilizers awarded shall comply with Florida Administrative Code, Chapter 5E- >_
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The Contractor shall provide:
1.1 Contractor Contact Information
Contractor shall provide the Division with key personnel that will be the account representative(s) and
main points of contact for order placements, inquiries, and deliveries. °
1.2 Ordering 1.0
The County shall provide the Contractor with a purchase order (PO) prior to or with order placement.
Product will be ordered on an "as needed" basis.
a. Divisions shall contact the Contractor and provide the bid line item including the product name and
description, order quantity, and delivery location.
b. Contractor shall immediately notify the ordering Division if a product ordered is out-of-stock or on
backorder for more than three (3) days. For any product that is not available at order placement from
the Primary Contractor, the Division may place an order with the Secondary, then Tertiary
Contractors, if needed. Once product is back in stock and available, the Primary Contractor will be 0
used for future purchases.
1.3 Delivery
a. Shipments shall be "Free on Board" (FOB) Destination.
b. Contractor shall deliver product within three (3) business days from the order date. 0.
c. The Divisions shall be the final authority on any issues that may arise as to the quality and
acceptability of any products or services under the resultant contract. If, in the opinion of a Division v
representative, any part of the Contractor's delivery performance or products become unsatisfactory,
there will be no cost to the County to resolve the issues. Any delivered product found to be defective
or incorrect shall be returned to the Contractor at their expense. The Contractor shall complete any
additional deliveries at no cost to the County to resolve the issue. o
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2. Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets (MSDSs):
The Hazard Communication Standard (HCS) requires chemical manufacturers and distributors to
provide SDSs so consumers are aware of the hazards of hazardous chemicals, chemical compounds,
and chemical mixtures. SDSs shall be included with every delivery.
Page 11 of 14
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Exhibit B- Price Schedule
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C.SUBSTITUTE ITEM N
Equivalent Information
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A. FERTILIZER Product
ITEM PRODUCT NAME/DESCRIPTION UOM PRICE Label& c
Name/Desc SDS Price
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1 6-3-0 5016/Bag ,,.a. �a
#098644 8-4-10 ' 'rte';' -a
4 8-4-8 50Ib/Bag 25%Polyplus 2Fe x cz
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1Mn1Mg501b
7 10-10-10 501b/Bag fi - o
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8 8-2-12 501b/Bag $ 27.44* $ c-
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0-0-21
0-0-21 Sulfate of Potash- #098642 0-0-20 `n
9
Magnesia 5016/Bag $ - Kmag 50# Fl x $ 18.90'
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#098642 0-0-20
10 0-0-22 So-Po-Mag 501b/Bag $ - Kmag 50# FI x $ 18.90' M
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11 0-0-62 Muriate of Potash 50Ib/Bag $ 17.24* $
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13 12-0-0 Chelated Iron Plus 50Ib/Bag �. 7,r $
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14 13-3-13 501b/Bag $ 18.93* $ - U
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1414-14510282 L&OLesco
15 14-14-14 Poly Plus Sulfur Coated 501b/Bag 100%Coated x $ 23.65' °'
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40Ib bag
#510232 15-0-15 liO a '''''.-6. Q
17 15-0-15 for Rotary Spreader 501b/Bag $ - A/C Spreadable x 5-11:37,
SGN 300 a
#702067 ' g
Stonewall .29% ,1
18 15-0-15 with Barricade 501b/Ba $ - 15-0-5 20% x "1116 6'' a
g polyplus 50# 1,41a" r(G.)
Lesco 4
#098590 15-5-15 , c
21 15-3-15 50%Slow Release 501b/Bag $ - 50%polyplus 2Fe x -04 b4*
2Mn 2Mg SOP FI `~: s
#098590 15-5-15 a
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23 15-5-15 501b/Bag $ - 50%polyplus 2Fe x $ 20.64 Y
2Mn 2Mg SOP Fl
24 16-32-16 251b/Bucket } $ E
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25 16-32-16 BloomingFertilizer 251b/Bucket $ S2
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Page 12 of 14
Agreement#16-6575"Purchase and Delivery of Fertilizer"
SiteOne Landscape Supply LLC
Packet Pg. 855
16.A.36.c
26 16-4-8 25%Slow Release 501b/Bag - 113
4 i4 $ -
27 16-4-8 50%Slow Release 501b/Bag $ -
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fertilizer 50Ib ,..1e;,,'1,4.7:0.••`•:i.'$ ;7,1 : , ' •_
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Page 13 of 14
Agreement#16-6575"Purchase and Delivery of Fertilizer"
SiteOne Landscape Supply LLCcn\
Packet Pg.856
16.A.36.c
#084053 Lesco
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*Contractor shall immediately notify the ordering Division if a product ordered is out-of-stock or on M
backorder for more than three (3) days. For any product that is not available at order placement from
the Primary Contractor, the Division may place an order with the Secondary, then Tertiary
Contractors, if needed. Once product is back in stock and available, the Primary Contractor will be
used for future purchases.
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Page 14 of 14
Agreement#16-6575"Purchase and Delivery of Fertilizer"
SiteOne Landscape Supply LLC
Packet Pg. 857
16A.36.d
corer Coisnty
Administrative Services Department
Procurement Services Division
INVITATION TO BID
Date: September 26, 2016
From: Kristofer Lopez, Procurement Strategist
(239) 252-8944 (Telephone)
(239) 252-6334 (FAX)
kristoferlopez@colliergov.net (Email)
To: Prospective Vendors a
Subject: Solicitation: 16-6575 Purchase and Delivery of Fertilizer
As requested by multiple County Departments, the Collier County Board of County
Commissioners Procurement Services Division has issued this ITB for the purpose of
obtaining fair and competitive responses.
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Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre-ITB conference.
All questions regarding this ITB must be submitted online on the Collier County ••
Procurement Services Division Online Bidding System website: w .colliergov.net/bid. M
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All responses to questions will be posted on the website with electronic notification to all csi
prospective vendors.
We look forward to your participation in Collier County's competitive procurement
process.
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cc: Melissa Pearson, Contract Administration Specialist, Road Maintenance Division
Note: All ITB responses submitted must include one (1) original labeled MASTER,
along with one (1) exact duplicate copies, including all required forms. ti
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P=rerentSeivieesDr •3327 T amiami Traf E r'apias,Ronda 34 12-453i•2a,252-5407•ww3 rg w.ne,procurerentsvrvices
Solicitation 16 6575 1
ITB Purchase and Delivery of Fertilizer
Packet Pg.858
16.A.36.d
Invitation to Bid
Index
Public Notice 3
Exhibit I: Scope of Work, Specifications and Response Format 4
Exhibit II: General Bid Instructions 7
Exhibit III: Standard Purchase Order Terms and Conditions 15
Exhibit IV: Additional ITB Terms and Conditions 18
Florida Public Records Law Chapter 119, including specifically those contractual
requirements in 119.0701(2)(a)-(b) as follows: 19
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 25
Attachment 2: Vendor's Check List 26 ;
Attachment 3: Vendor Submittal - Bid Response Form 27
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit 29
Attachment 5: Vendor Submittal — Immigration Affidavit 30
Attachment 6: Vendor Substitute W— 9 31
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 32
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Solicitation 16 6575 2
ITB Purchase and Delivery of Fertilizer
Packet Pg. 859
16.A.36.d
C.-=
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Administrative Services Department
Procurement Services Division
Public Notice
Sealed bid responses for Solicitation 16-6575 Purchase and Delivery of Fertilizer, will be
received electronically or manually only at the Collier County Government, Procurement
Services Division, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00 PM, Collier County local N
time on October 10, 2016. Solicitation responses received after the stated time and date will not
be accepted. ,i
Solicitation 16-6575 Purchase and Delivery of Fertilizer
A pre-bid conference will be not be held for this solicitation. All questions regarding this ITB
must be submitted online on the Collier County Procurement Services Division Online Bidding -a
System website: www.colliergov.net/bid. All responses to questions will be posted on the
website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Procurement Services Division Online Bidding a
System website noted herein. ITB Documents obtained from sources other than Collier ti
County Procurement Services Division may not be accurate or current.
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Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals. N
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Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/Allison Kearns
Interim Director, Procurement Services Division
Publicly posted on the Collier County Procurement Services Division website:
www.colliergov.net/purchasing and in the lobby of the Procurement Services Division Building
on September 26, 2016.
Solicitation 16 6575 3
ITB Purchase and Delivery of Fertilizer
Packet Pg. 860
16.A.36.d
Exhibit I: Scope of Work, Specifications and Response Format
As requested by multiple Collier County Departments (hereinafter, the "Division or Department"), the
Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County")
has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and
qualified firms in accordance with the terms, conditions and specifications stated or attached. The
Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Procurement Ordinance, as amended.
F-7
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Brief Description of Purchase
a)
LL.
Collier County Divisions are responsible for the maintenance of various County rights-of-way (ROW),
medians, parks, sports fields, Municipal Service Taxing Districts (M.S.T.D.), Municipal Service Taxing
Units (M.S.T.U.) and County owned or leased facilities. In order to maintain the integrity of the
landscape,
landscape, the County intends to award a contract for the purchase and delivery of fertilizers on an o
"as-needed" basis.
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Historically, the County spend has been approximately $250,000 annually for the products described
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in this solicitation; however, this may not be indicative of future buying patterns.
Detailed Scope of Work a
' 1. Specifications:
Orders for fertilizer may be requested from multiple County Divisions and the Contractor shall be
required to deliver the product to various locations throughout the County. Note: Items listed as "bag"
must be water resistant bags.
The Contractor unit pricing shall be inclusive of all labor, equipment, materials,
delivery/shipping/freight charges, product returns, packing, transportation and services as specified in
the specifications. All fertilizers bid shall comply with Florida Administrative Code, Chapter 5E-1.
The Contractor(s) awarded the resultant contract shall provide:
1.1 Contractor Contact Information
Contractor shall provide the Division with key personnel that will be the account representative(s) and
main points of contact for order placements, inquiries, and deliveries.
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1.2 Ordering
The County shall provide the Contractor with a purchase order (PO) prior to or with order placement.
Product will be ordered on an "as needed" basis.
a. Divisions shall contact the Contractor and provide the bid line item including the product name and
description, order quantity, and delivery location.
b. Contractor shall immediately notify the ordering Division if a product ordered is out-of-stock or on
backorder for more than three (3) days. For any product that is not available at order placement from
the Primary Contractor, the Division may place an order with the Secondary, then Tertiary
Solicitation 16 6575 4
ITB Purchase and Delivery of Fertilizer
Packet Pg. 861
16.A.36.d
Contractors, if needed. Once product is back in stock and available, the Primary Contractor will be
used for future purchases.
1.3 Delivery
a. Shipments shall be "Free on Board" (FOB) Destination.
b. Contractor shall deliver product within three (3) business days from the order date.
c. The Divisions shall be the final authority on any issues that may arise as to the quality and
acceptability of any products or services under the resultant contract. If, in the opinion of a Division
representative, any part of the Contractor's delivery performance or products become unsatisfactory,
there will be no cost to the County to resolve the issues. Any delivered product found to be defective N
or incorrect shall be returned to the Contractor at their expense. The Contractor shall complete any
additional deliveries at no cost to the County to resolve the issue. U-'
2. Bid Schedule Line Items:
Unless otherwise stated, the prices shall include costs for labor, equipment, materials,
delivery/shipping/freight charges, product returns, packing, transportation, and services. c
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2.1 Line Items n
Each line item has the product name/description, the Unit of Measure (UOM) and price columns.
Bidders submitting bids will input the price for the UOM listed.
2.2 No Bid
Bidders shall place an "X" in the "No Bid" column if they are not providing a bid for a particular line
item or a substitute item. Bidders will not be disqualified for items where "No Bid" is available for input
on the bid schedule. ••
2.3 Alternate Bid Items a
Non-fertilizer items have been included on the bid schedule. If bidding the line item input the price for m
the UOM listed. If not bidding the line items, input an "X" in the "No Bid" column; or, if Bidder is
providing a substitute item, provide the information and price as requested in those columns. a
2.4 Custom Blend (Cost + Percentage Markup) to
Bidder shall provide percentage (%) markup for custom blended fertilizer. This item is excluded in the
bid award due to the total cost being undetermined. All awardees will be requested to quote custom
blend fertilizers and the lowest overall quote will be selected.
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2.4.1 Soil Sampling Analysis for custom blended product shall be free-of-charge to the County.
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2.5 Substitute Item for Fertilizer Mix Evaluation or Brand Equivalent
The bid line items listed specify the mix of turf, palm, plant, and bloomer fertilizer that are required.
Bidder(s) submitting a substitute that is an equivalent must input the following information on the bid
schedule under the header "SUBSTITUTE ITEM" "Equivalent Information". It is required that the
Bidder submit the blend tag/product label which illustrates all elements for that particular blend that
closely conforms to percentages (%) as indicated.
Prior to contract award, an evaluation shall be conducted by Division representatives that requested
the product and they shall compare both blends to ensure the substitute blend is an equivalent. It
shall be at the sole discretion of the County if the substitute brand is awarded.
Solicitation 16 6575 5
ITB Purchase and Delivery of Fertilizer
Packet Pg. 862
16.A.36.d
Input the following information on the bid schedule if providing a substitute item:
a. Product Name/Description.
b. Place an "X" in the Label/SDS column indicating both of these items have been submitted.
c. The blend tag/product label and SDS shall be submitted for review and approval and it must be
clearly marked with the Bidder's company name and contact information.
d. Price (UOM shall be the same as the bid list item that a substitution has been bid).
Note: The blend taq/product label and SDS must be clearly marked with the Bidder's Name, Bid
Number, and Line Item Number for evaluation. If Bidder is non-compliant with the manner in which
the substitute/equivalent was submitted, it may deem the item ineligible for evaluation because the
Bidder may be unable to be identified. u'
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3. Licenses:
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Prior to contract award, it shall be the sole responsibility of the Bidder(s) to submit all applicable valid
licenses, permits, and/or certifications required by Federal, State, and/or Local governmental entities -0
for sale and distribution of fertilizer products to complete this contractual service.
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4. Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets (MSDSs): .�
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The Hazard Communication Standard (HCS) requires chemical manufacturers and distributors to a
provide SDSs so consumers are aware of the hazards of hazardous chemicals, chemical compounds,
and chemical mixtures. SDSs shall be included with every delivery.
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5. Bid Schedule Product Item Additions/Deletions:
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Bid schedule modifications may be required during the contract term that may add products or delete
them.
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During any notice of default, suspension, or notice to termination period, the County reserves the right a
and authority to reassign awarded line items to one of the other awarded Contractors. 0
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Solicitation 16 6575 6
ITB Purchase and Delivery of Fertilizer
Packet Pg. 863
16.A.36.d
Award Criteria
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids/projects.
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
• The County's Procurement Services Division reserves the right to clarify a vendor's proposal
prior to the award of the solicitation. ,i
• It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s).
• For the purposes of determining the bidder with the lowest price, forthe following methodology
will be used: >_
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16-6575 Bid Schedule Excel Sheet— Column D or Column H (substitute fertilizer) — Lowest
Bid Price per line item cc
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• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select primary, secondary, and tertiary awardees. a
Term of Contract r^
The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3) one yearCD
renewals. CD
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Prices shall remain firm for the initial term of the resultant contract. Requests for consideration of a
price adjustment must be made on the contract anniversary date, in writing, to the Procurement m
Director. Price adjustments are dependent upon budget availability and Procurement Director
approval. a
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Surcharges will not be accepted in conjunction with the resultant contract, and such charges should
be incorporated into the pricing structure.
Projected Timetable
a)
Event Date
Issue Solicitation Notice September 26, 2016 w
Last Date for Receipt of Written Questions October 4, 2016 5:00
PM, Naples Local
Time
Addendum Issued Resulting from Written Questions October 6, 2016
Solicitation Deadline Date and Time October 10, 2016
Anticipated Evaluation of Submittals October 2016
Anticipated Board of County Commissioner's Contract December 2016
Approval Date
Solicitation 16 6575 7
ITB Purchase and Delivery of Fertilizer
Packet Pg. 864
16.A36.d
Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 5: Immigration Law Affidavit
• Attachment 6: Vendor Substitute W-9
• Attachment 7: Insurance and Bonding Requirement
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Solicitation 16 6575 8
ITB Purchase and Delivery of Fertilizer
Packet Pg.865
16.A.36.d
Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Procurement Services Division (hereinafter, the County)
has issued this Invitation to Bid (hereinafter, the "ITB", or "Bid") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
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All bids must be submitted on the Bid form furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any ,�
misinterpretation or failure to comply with these instructions could lead to the bid submitted as `o
being rejected as non-responsive.
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2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
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will remain firm for a period of one hundred and eighty (180) calendar days from date of bid N
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
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3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received N
without pricing for all alternates as listed will be considered technically non-responsive and will not
be considered for award. CO
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4. Equal Product
Manufacturer's name, brand name and/or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and/or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
5. Discounts
Solicitation 16 6575 9
ITB Purchase and Delivery of Fertilizer
Packet Pg.866
16.A.36.d'
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
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7. Addenda
d
The County reserves the right to formally amend and/or clarify the requirements of the bid o
specifications where it deems necessary. Any such addendum/clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications prior to >
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through o
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who m
downloaded the ITB document. Additionally, all addendums are posted on the Collier County y
Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before s
submitting a bid response, please make sure that you have read all, understood clearly and
complied completely with any changes stated in the addenda as failure to do so may result in the a
rejection of your submittal. ti
8. Bid Submission to
All electronic bids shall be submitted online via the Collier County Procurement Services Division M
Online Bidding System: www.colliergov.net/bid. Csi
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All paper bids shall be submitted to the County Procurement Director, Collier County Government, F
Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as a
stated in the Legal Notice. The County assumes no responsibility for bid responses received after 0
the due date and time, or at any office or location other than that specified herein, whether due to ti
mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid 0
responses shall be returned unopened, and shall not be considered for award. co
Vendors must submit one (1) paper copy clearly labeled "Master," and one (1) compact disks
(CD's)with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation E
Number and Title on the outside of the box or envelope. All bids sent by courier service must 0
have the bid number and title on the outside of the courier packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Procurement Services Division Internet bid site.
9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
Solicitation 16 6575 10
ITB Purchase and Delivery of Fertilizer Packet Pg. 867
16A.36.d
County Procurement Services Division Internet website: www.colliergov.net/bid. Questions will not
be answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Procurement Services Division Online Bidding System website.
For general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
10. Protests
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County's then current Procurement Ordinance and policies.
a)
11. Rejection and Waiver a
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to >
select the bid that best meets the requirements of the County. o
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide 2
all required information, documents or materials may be rejected as non-responsive.
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12. Local Vendor Preference (LVP) c•-•
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The County is using the Competitive Sealed Quotation methodology of source selection for this c
procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier
County Procurement Ordinance.
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Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business
within Collier County, and that identifies the business with a permanent physical business address
located within the limits of Collier County from which the vendor's staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other
non-permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
Solicitation 16 6575 11
ITB Purchase and Delivery of Fertilizer
Packet Pg. 868
16.A.36.d
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non-local business submits the lowest price bid, and the bid
submitted by one or more qualified and responsive local businesses is within ten percent of the
price submitted by the non-local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder
are in fact qualified and responsive bidders. Next, the Procurement Services Division shall
determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087
(Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets
the requirements of Fla. Stat. Sec. 287.087, the Procurement Services Division shall invite the i
lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made >
to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local
bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the -�
lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest
non-local bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
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Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a a
Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude co
said Bidder from being considered for local preference on this solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the CN
County will lose the privilege to claim Local Preference status for a period of up to one (1) year. m
The County may, as it deems necessary, conduct discussions with responsible bidders
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determined to be in contention for being selected for award for the purpose of clarification to a.
assure full understanding of, and responsiveness to solicitation requirements.
13. Immigration Affidavit CertificationtO
r
Statutes and executive orders require employers to abide by the immigration laws of the United a
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
Solicitation 16 6575 12
ITB Purchase and Delivery of Fertilizer Packet Pg.869
16.A.36.d
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence -�
of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Procurement Services Division an executed affidavit
certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation
documents. If the Bidder/Vendor does not comply with providing both the acceptable E-
Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed
non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above. N
For additional information regarding the Employment Eligibility Verification System (E-Verify) ,I.
program visit the following website: http://www.dhs.qov/E-Verify. It shall be the vendor's
responsibility to familiarize themselves with all rules and regulations governing this program.
a,
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of -0
1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to
comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach ea
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately. a.
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14. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Procurement Services Division.
a)
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number R
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
16. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Solicitation 16 6575 13
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Packet Pg.870
16:A 36.d
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug-free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County's Procurement Ordinance. Award
recommendations will be posted outside the offices of the Procurement Services Division as well
as on the Collier County Procurement Services Division website on Wednesdays and Thursdays
prior to the County Commission meetings.
t
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest. o
A copy of the "Protest Policy" is available at the office of the Procurement Director.
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Solicitation 16 6575 14
ITB Purchase and Delivery of Fertilizer
Packet Pg.871
1 6.A:36.d
Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer delivery; provided that risk of loss prior to
This offer is subject to cancellation by the actual receipt of the goods by the COUNTY
COUNTY without notice if not accepted by nonetheless remain with VENDOR.
VENDOR within fourteen (14)days of issuance. b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
2. Acceptance and Confirmation specifically stated in this Purchase Order.
This Purchase Order (including all documents Unless otherwise provided in Purchase
attached to or referenced therein) constitutes Order, no invoices shall be issued nor m
the entire agreement between the parties, unless payments made prior to delivery. UnlessN
otherwise specifically noted by the COUNTY on freight and other charges are itemized, any
the face of this Purchase Order. Each delivery of discount will be taken on the full amount of ,i'
goods and/or services received by the COUNTY invoice. c
from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the �.
terms and conditions contained in this Purchase same day via the same route must be >
Order. consolidated. Each shipping container must �,
be consecutively numbered and marked to m
No additional terms may be added and Purchase show this Purchase Order number. The a
Order may not be changed except by written container and Purchase Order numbers must ea
instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips 69
is deemed to be on notice that the COUNTY must show Purchase Order number and n
objects to any additional or different terms and must be included on each package of less =
conditions contained in any acknowledgment, than container load (LCL) shipments and/or o-
invoice or other communication from VENDOR, with each car load of equipment. The ,
notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or
payment for any delivery of goods and/or return any shipment or equipment at
to
services, or any similar act by VENDOR. VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees co
3. Inspection to declare to the carrier the value of any M
All goods and/or services delivered hereunder shipment made under this Purchase Order
shall be received subject to the COUNTY'S and the full invoice value of such shipment. m
inspection and approval and payment therefore d) All invoices must contain the Purchase Order ,
shall not constitute acceptance. All payments are number and any other specific information as c)
subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts e.
All defective or nonconforming goods will be of prompt payment will be computed from the ,N
returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of r,
VENDOR'S expense. receipt of invoices, whichever is later. cab
Payment will be made upon receipt of a
To the extent that a purchase order requires a proper invoice and in compliance with c
series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as m
COUNTY prospectively reserves the right to the "Local Government Prompt Payment s
cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County ,
Order if goods and/or services provided early in Commissioners Purchasing Policy. Q
the term of the Purchase Order are
non-conforming or otherwise rejected by the 5. Time Is Of the Essence
COUNTY. Time for delivery of goods or performance of
services under this Purchase Order is of the
4. Shipping and Invoices essence. Failure of VENDOR to meet delivery
a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as
suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment,
lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies
with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR
any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any
the COUNTY at the time and place of expenses incurred in enforcing its rights.
Solicitation 16 6575 15
ITB Purchase and Delivery of Fertilizer
Packet Pg.872
16.A36.d
VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the
�i delivery of nonconforming goods and/or services COUNTY from any and all claims, including
is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses,
upon further compliance with all specifications. including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
6. Changes of any person (including but not limited to
The COUNTY may at any time and by written employees and agents of VENDOR in the
notice make changes to drawings and performance of their duties or otherwise), or
specifications, shipping instructions, quantities damage to property (including property of the
and delivery schedules within the general scope COUNTY or other persons), which arise out of or
of this Purchase Order. Should any such change are incident to the goods and/or services to be
increase or decrease the cost of, or the time provided hereunder.
required for performance of the Purchase Order,
an equitable adjustment in the price and/or 11. Warranty of Non-Infringement CL
delivery schedule will be negotiated by the VENDOR represents and warrants that all goods N
COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase
foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; m
to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, c
Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute ',
made within thirty (30) days from the date the unfair competition. >
change is ordered or within such additional '—
period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the m
parties. COUNTY from and against any and all claims, 0
including claims of negligence, costs and co
7. Warranties expense, including but not limited to attorneys' N
VENDOR expressly warrants that the goods fees, which arise from any claim, suit or 2
and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of E'
will conform to the specifications, drawings, the goods and/or services provided under this a
samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S in
/`\ specified by the COUNTY, and will be of representations and warranties in section 11 (a). in
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satisfactory material and quality production, free `D
from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach `r°
intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to co
security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, (telI
claim of any third party. These warranties shall procure for the COUNTY the right to continue
survive inspection, acceptance, passage of title using the goods or services, or replace or modify m
and payment by the COUNTY. the goods or services so that they become
non-infringing, (without any material degradation .,
8. Statutory Conformity in performance, quality, functionality or additional a
Goods and services provided pursuant to this cost to the COUNTY). N
in
Purchase Order, and their production and ,'`r,
transportation shall conform to all applicable 12. Insurance Requirements CO
laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide `t°
Health and Safety Act, the Federal commercial insurance of such type and with such c
Transportation Act and the Fair Labor Standards terms and limits as may be reasonably E
Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing =
face of the Purchase Order. and maintaining adequate insurance coverage is w
a material obligation of the VENDOR. All Q
9. Advertising insurance policies shall be executed through
No VENDOR providing goods and services to the insurers authorized or eligible to write policies in
COUNTY shall advertise the fact that it has the State of Florida.
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the 13. Compliance with Laws
COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order,
property without the prior written consent of the VENDOR agrees that it will comply with all
COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non-exhaustive example,
10. Indemnification this shall include the American with Disabilities
Act and all prohibitions against discrimination on
Solicitation 16 6575 16
ITB Purchase and Delivery of Fertilizer
Packet Pg.;873.
16.A.36.d
the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that
origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of
status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure
without exception or stipulation shall be fully within 10 days of receipt of such notice.
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986 19. General
as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by
regulations relating thereto, as either may be the laws of the State of Florida. The venue
amended. Failure by the awarded firm(s) to for any action brought to specifically enforce
comply with the laws referenced herein shall any of the terms and conditions of this
constitute a breach of the award agreement and Purchase Order shall be the Twentieth
the County shall have the discretion to Judicial Circuit in and for Collier County,
unilaterally terminate said agreement Florida
immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in
be regarded by the COUNTY as a material and response to a breach of this Purchase Order N
substantial breach of the contract arising from by VENDOR shall not constitute a waiver of
this Purchase Order. breach. Waiver of the COUNTY by any 16
default by VENDOR hereunder shall not be o
14. Force Majeure deemed a waiver of any subsequent default
Neither the COUNTY nor VENDOR shall be by VENDOR. cu
responsible for any delay or failure in c) All notices under this Purchase Order shall
performance resulting from any cause beyond be sent to the respective addresses on the o
their control, including, but without limitation to face page by certified mail, return receipt c
war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by cis
When VENDOR has knowledge of any actual or personal delivery and will be deemed u)
potential force majeure or other conditions which effective upon receipt. Postage, delivery and m
will delay or threatens to delay timely other charges shall be paid by the sender. A 2
performance of this Purchase Order, VENDOR party may change its address for notice by a.
shall immediately give notice thereof, including all written notice complying with the i,
relevant information with respects to what steps requirements of this section. ,r ---
VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any c
goods and/or services to the COUNTY. travel expenses that may be associated with ,-
this Purchase Order in accordance with co
15. Assignment Florida Statute Chapter 112.061, Per Diem M
VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers,
nor any money due or to become due without the employees and authorized persons. m
prior written consent of the COUNTY. Any e) In the event of any conflict between or i—
assignment made without such consent shall be among the terms of any Contract Documents o
deemed void. related to this Purchase Order, the terms of Q.
the Contract Documents shall take u'
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16. Taxes precedence over the terms of the Purchase ,,
Goods and services procured subject to this Order. To the extent any terms and /or 9
Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate r
and use tax on real property, transient rental or overlap the Terms and Conditions of the c
property rented, tangible personal purchased or Contract Documents, the provisions of the a)
rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most E
Chapter 212), and from federal excise tax. favorable to the County and/or provide the R
greatest protection to the County shall Q
17. Annual Appropriations govern.
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
Solicitation 16 6575 17
ITB Purchase and Delivery of Fertilizer
Packet Pg. 874
6.A.36.d
Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
During the contract term, Collier County reserves the right to add related items and/or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and/or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest u_
situations during contract selection and execution. o
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon a
completion/termination of agreement. to
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4. Deductions for Non-Performance
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The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies
directly related to the Vendor's non-performance. M
5. Termination
Should the Contractor be found to have failed to perform services in a manner satisfactory to the y
County, the County may terminate this Agreement immediately 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. In the event that the award of this solicitation is made by the cc
Procurement Services Director, the award and any resultant purchase orders may be terminated
at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant
to the Board's Procurement Ordinance.
0
6. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
7. Environmental Health and Safety
All Vendors and Sub vendors 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. Vendors and Sub
Solicitation 16 6575 18
ITB Purchase and Delivery of Fertilizer
Packet Pg.875
16.A 36.d
vendors 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. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations.
This provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
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8. Florida Wood Products
The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and u_
other forest products produced and manufactured in the State of Florida as long as the price,
fitness and quality are equal. 0)
9. Public Records Compliance o
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE a
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO tr)^
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102 00
Naples, FL 34112-5746
Telephone: (239) 252-8383 a
The Contractor must specifically comply with the Florida Public Records Law to: ti
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 c
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 Q
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
Solicitation 16 6575 19
ITB Purchase and Delivery of Fertilizer
Packet Pg.876
16.A36.d
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.
10. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor 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.
11. Licenses
m
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies
of all the required licenses must be submitted with the bid response indicating that the
entity bidding, as well as the team assigned to the County account, is properly licensed to
perform the activities or work included in the ITB documents. Failure on the part of any ft-
vendor to supply this documentation with their bid response may be grounds for deeming .0
vendor non-responsive. A Vendor with an office within Collier County is required to have an
occupational license. N
All State Certified contractors who may need to pull Collier County permits or call in inspections
must complete a Collier County Contractor License registration form and submit the required fee.
After registering the license/registration will need to be renewed thereafter to remain "active" in
Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions N
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
directed to the Tax Collector's Office at (239) 252-2477.
I-
12. Protection of Property
(I)
The Vendor shall ensure that the service is performed in such manner as to not damage any LO
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair/replace, to the County's
satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will a
be deducted from the monies due the Vendor. E
The County's project manager, shall coordinate with the Vendor / Contractor the return of any
surplus assets, including materials, supplies, and equipment associated with the scope or work.
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, the current Collier County Ethics Ordinance 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:
Solicitation 16 6575 20
ITB Purchase and Delivery of Fertilizer
Packet Pg.877
16.A.36.d
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
14. Invoice and Payments
Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including
labor, materials, equipment, overhead, 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 inventory or cost verification
required unless otherwise specified in the bid schedule).
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's 0
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700 r
Naples FL 34112
Or emailed to: bccapclerk(a collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or
services as part of this agreement.
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Payment methods include: v
• Traditional —payment by check, wire transfer or other cash equivalent. m
• Standard —payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant
CD
of the Rules for VISA Merchants and MasterCard Merchant Rules.
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The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will
entertain bids clearly stating pricing for standard payment methods. An additional separate
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly a
marked as an "Additional Cash Discount."
0
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
considered for payment without prior approval from the Project manager. All invoices should be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or
processed for payment) unless specifically authorized by the Project Manager.
Payments will be made for articles and/or 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 contract. Any untimely submission of invoices beyond the specified deadline period
Solicitation 16 6575 21
ITB Purchase and Delivery of Fertilizer
Packet Pg. 878
16:A36.d
is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying
the amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
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15. Survivability o
Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that ;
extends beyond the expiration date of the original Solicitation 16-6575 Purchase and Delivery of o
Fertilizer will survive and remain subject to the terms and conditions of that Agreement until the .�
completion or termination of this Purchase Order.
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16. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible d
companies duly authorized to do business in the State of Florida as set forth in Insurance and
/'4s, Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
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The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and e.
Subcontractors and shall require each of them to include similar waivers in their contracts. 1c,
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Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County." E
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The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
Solicitation 16 6575 22
ITB Purchase and Delivery of Fertilizer
Packet Pg.879
16.A.36.d
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the 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
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to ;
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
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County may terminate the Agreement or at its sole discretion shall be authorized to purchase N
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Vendor under this Agreement or any other agreement a_
between the County and Vendor. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall in no
to
way be construed to be a waiver of any of its rights under the Contract Documents.
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If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of N
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure t=
of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts. a
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15. Maintenance of Traffic Policy
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For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS) on state roadways. These projects
shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein
by reference. Copies are available through the Risk Management and/or Procurement Services
Division and are available on-line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
Solicitation 16 6575 23
ITB Purchase and Delivery of Fertilizer
Packet Pg. 880
16.A36.d
16. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County's
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
17. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and/or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating N
to said materials shall be governed by the terms and conditions of this solicitation.
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Additionally, the County at its sole option may choose to purchase some or all of the goods and/or c
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and/or materials required for job including brand and/or model
number or type if applicable
• Pricing and availability of goods and/or materials provided under Vendor's agreements with
material suppliers
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18. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency. M
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19. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required by the County, the Vendor shall supply a list of equipment and an �.
hourly rate for each. Hourly rates will commence once equipment arrives at the service site,
unless otherwise agreed in writing by the Project Manager.
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In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site, unless otherwise agreed in writing by the Project Manager. The County reserves the
right to request and obtain documentation of the Vendor's cost for time and material projects, and
to withhold payments until documentation is provided.
All County-purchased equipment must be new and of current manufacture in production at the
time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2)
complete shop repair manuals and parts lists must be furnished with each type of equipment.
Vendor must service all equipment prior to delivery and/or acceptance by the County.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
Solicitation 16 6575 24
ITB Purchase and Delivery of Fertilizer
Packet Pg.881
16.A.36.d
•
Collier County
Administrative Services Department
Procurement Services Division
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement
The sole intent of the Collier County Procurement Services Division is to issue solicitations that are
clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why
prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB,
please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via
email or fax to the Procurement Strategist listed on the first page or mail to: Collier County
Procurement Services Division, 3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s): ,cu
Solicitation: 16-6575 Purchase and Delivery of Fertilizer
a)
❑ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work. cc
111N Specifications/scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small. a
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
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❑ Other reason(s):
a)
ti
Firm's Complete Legal Name
c
Address E
City, State, Zip
Telephone Number
FAX Number
Signature/Title
Type Name of Signature Date:
Solicitation 16 6575 25
ITB Purchase and Delivery of Fertilizer
Packet Pg.882
16.A36.d
Coer County
Administrative Services Department
Procurement Services Division
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed. LL
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included. 43)
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has .�
been included.
8. Addendum have been signed and included, if applicable. N
9. Affidavit for Claiming Status as a Local Business, if applicable. .2
10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this a
ITB. u�
12. The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Procurement Services Division
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 16-6575 Purchase and Delivery of Fertilizer d
• Opening Date: October 10, 2016 @ 3:00 p.m. y
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and
receipt). If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net/bid. The system will date and time stamp when the addendum files were
downloaded
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ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature &Title
Date
Solicitation 16 6575 26
ITB Purchase and Delivery of Fertilizer
Packet Pg.883
16.A.36.d
Cotter County
Administrative Services Department
Procurement Services Division
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
LL
RE: Solicitation: 16-6575 Purchase and Delivery of Fertilizer
Dear Commissioners: a)
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and Its
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud. a
The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to
provide the following:
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*** SEE FOLLOWING PAGES * ** Co)
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Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered. c
Prompt Payment Terms: % Days; Net_ Days
❑ Bid Response Form is electronic. Please input your prices online.
E
El Bid Response is as follows:
R
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15) days after being notified of an award.
Solicitation 16 6575 27
ITB Purchase and Delivery of Fertilizer
Packet Pg.884
16.A.364
IN WITNESS WHEREOF,WE have hereunto subscribed our names on this day of
, 20 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR#or CAGE Code
t
Telephone Number „_'
0
FAX Number
Signature/Title
Type Name of Signature
a,
Date
a•
/ 'r Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
0,1Firm's Complete Legal Name Csi
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Address
a)
City, State, Zip
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Contact Name
Telephone Number
c
FAX Number
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Email Address
Solicitation 16 6575 28
ITB Purchase and Delivery of Fertilizer
Packet Pg.885
16.A36.d
Colter County
Administrative Services Department
Procurement Services Division
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: 16-6575 Purchase and Delivery of Fertilizer(Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board
of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County
Procurement Ordinance:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor's staff operates and performs business in an area zoned for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a
construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of Collier County in a verifiable
and measurable way. This may include, but not be limited to, the retention and expansion of employment ea
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this "
section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year under this Lr,
section. t`n
Vendor must complete the following information:
Year Business Established in ECollier County or ❑ Lee County: N
Number of Employees (Including Owner(s) or Corporate Officers): m
Number of Employees Living in E Collier County or E Lee (Including Owner(s) or Corporate Officers):
a
If requested by the County, vendor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. ir)
Vendor Name: Date:
c
Address in Collier or Lee County: a9
Signature: Title:
STATE OF FLORIDA
E COLLIER COUNTY E LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day
of , 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Solicitation 16 6575 29
ITB Purchase and Delivery of Fertilizer
Packet Pg.886
16.A36.d
co ier County
Administrative Services Department
Procurement Services Division
Attachment 5: Vendor Submittal—Immigration Affidavit
Solicitation: 16-6575 Purchase and Delivery of Fertilizer
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required
to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the
submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly
completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of
Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the tt
E-Verify program, may deem the Vendor I Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien it
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of -I
the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall
be grounds for unilateral termination of the contract by Collier County. -0
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Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act N
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with 2
E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the E
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the a
Vendor's/Bidder's proposal. to
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Company Name
Print Name Titleco
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Signature Date
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State of
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County of to
The foregoing instrument was signed and acknowledged before me this day of ,20_,by
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who has produced as identification.
(Print or Type Name) (Type of Identification and Number) aa)
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c.,
Notary Public Signature n
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
Solicitation 16 6575 30
ITB Purchase and Delivery of Fertilizer
Packet Pg. 887
16.A36.d
Cofer County
Administrative Services Department
Procurement Services Division
Attachment 6: Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name) O
Address City
State Zip
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Telephone FAX _. Email
CC
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Order Information Remit/Payment Information m
c)
Address Address
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City State Zip City State Zip o-
FAX FAX tr)."--N
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Email Email
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2. Company Status (check only one)
_Individual/Sole Proprietor _Corporation _Partnership
Tax Exempt(Federal income tax-exempt entity Limited Liability Company c.)
under Internal Revenue Service guidelines IRC N
501 (c)3) Enter the tax classification
(D =Disregarded Entity, C=Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
L
(Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) ca
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
Solicitation 16 6575 31
ITB Purchase and Delivery of Fertilizer
Packet Pg.'888
16.A.36.d,
Colter Cou..nty
Administrative Services Department
Procurement Services Division
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
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2. ® Employer's Liability $500.000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage 7E-
Liability(Occurrence Form) u..
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations >
and Contractual Liability. o
4. ® Indemnification To the maximum extent permitted by Florida law, the
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Contractor/Vendor/Consultant shall indemnify and hold harmless Collier m
County, its officers and employees from any and all liabilities, damages, co
losses and costs, including, but not limited to, reasonable attorneys' fees and c
paralegals'fees, to the extent caused by the negligence, recklessness, or "
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone a
employed or utilized by the Contractor/Vendor/Consultant in the performance
"'"" of this Agreement.
4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury&Property Damage,
Owned/Non-owned/Hired; Automobile Included co
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5. ® Other insurance as ❑Watercraft $ Per Occurrence
noted:
E United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work. m
$ Per Occurrence Q-
❑ Maritime Coverage(Jones Act)shall be maintained where applicable to
the completion of the work. cb
$ Per Occurrence
E Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
® Pollution $ 1,000,000 Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
Solicitation 16 6575 32
ITB Purchase and Delivery of Fertilizer
Packet Pg.889
16.A.36.d
❑ Employee Dishonesty/Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety a)
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A" or better as to
general policy holders rating and Class V or higher rating as to financial size u-
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New >
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED"on the Insurance Certificate for Commercial c-
General Liability where required. ti
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County tb
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance 7.
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County.
11. ® Thirty(30) Days Cancellation Notice required.
RLC 9/16/2016
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Vendor's Insurance Statement co
We understand the insurance requirements of these specifications and that the evidence of insurability may be required a
within five (5) days of the award of this solicitation. E
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Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
Solicitation 16 6575 33
ITB Purchase and Delivery of Fertilizer
Packet.Pg. 890
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