Loading...
Agenda 06/25/2013 Item #16D 7n 6/25/2013 16.D.7. EXECUTIVE SUMMARY Recommendation to award ITB #13 -6032 in the amount of $49,560 to FA Remodeling and Repairs, for cleaning and painting of the Roller Hockey Rink at Veterans Community Park and authorize the Board's Chairwoman to approve the attached County Attorney reviewed contract. Obiective: To preserve, clean and maintain the structural steel of the Roller Hockey Rink. Considerations: On April 9, 2013, the Purchasing Department posted ITB #13 -6032 for painting the Roller Hockey Rink. The Invitation to Bid included the supply of all materials, labor and equipments necessary to clean and paint the structural steel and concrete piers of the Veterans Park Roller Hockey Rink. The cleaning will include high pressure washing and mechanical power tools on structural steel and concrete piers. Low pressure washing will be done for the ceilings. After' cleaning, approved painting will be done on all structural steel and concrete piers. Notices were sent electronically to 464 registered bidders, 48 bidders downloaded the bid documents, and 7 bid submissions were received on May 2, 2013. The tabulation of bids is attached. The seven bidders are: Total Proiect Cost FA Remodeling and Repairs $ 49,560 Harry's Painting $ 61,462 Marzuccos Construction $ 65,038 Total Painting $ 70,543 CSJ of SWL $115,644 FL Painters $137,455 Staff reviewed the bid responses and recommends awarding the bid to FA Remodeling and Repairs, Inc. who provided the lowest combined project cost based on the 60-day period for project completion (Base Bid A and Alternative 1). Fiscal Imnact: Funds are budgeted in Veterans Park Rink 80217 in the Parks and Recreation Capital Fund 306. Source of funding is a transfer from both the General Fund 001 and MSTD Unincorporated General Fund 111. Legal Considerations: This item has been approved as to form and legality and requires a majority vote for approval. - ERP Growth Management Imnact: none Recommendation: That the Board of County Commissioners awards Bid #13 -6032 to FA Remodeling and Repairs, in the sum of $49,560 and authorize the Board's Chairwoman to approve the attached County Attorney reviewed contract. Prepared by: Vicky Ahmad, Project Manager, Facilities Management Department Packet Page -888- 6/25/2013 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to award ITB #13 -6032 in the amount of $49,560 to FA Remodeling and Repairs, for cleaning and painting of the Roller Hockey Rink at Veterans Community Park and authorize the Board's Chairwoman to approve the attached County Attorney reviewed contract. Meeting Date: 6/25/2013 Prepared By Name: BetancurNatali Title: Operations Analys, Parks & Rec -NCRP Admin 5/30/2013 1:59:35 PM Submitted by Title: Project Manager,Parks & Recreation Name: AhmadVicky 5/30/2013 1:59:36 PM Approved By Name: WilliamsBarry Title: Director - Parks & Recreation,Parks & Recreation Date: 5/30/2013 3:55:56 PM Name: JonesHank Title: Project Manager, Principal,Facilities Management Date: 5/30/2013 4:45:48 PM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 5/31/2013 11:34:03 AM Name: NorthrupAdam Title: Procurement Strategist, Purchasing Date: 6/4/2013 8:12:12 AM Packet Page -889- 6/25/2013 16.D.7. Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 6/4/2013 9:44:58 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 6/4/2013 12:55:26 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 6/11/2013 3:08:33 PM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 6/11/2013 4:27:19 PM Name: KlatzkowJeff Title: County Attorney Date: 6/1.4/2013 8:02:22 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 6/18/2013 11:24:57 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 6/18/2013 12:02:53 PM Packet Page -890- d 00 r- lD d cu o Ln 'Ln o 'E c 0 3 � ++ O N m p U 0 z Y C_ a� Y v O L O Y m c a r_ m C! 4J m 'm a c m C fp GJ U N M O t0 M V-4 O_ E " L Q L i O Y Z V E m 4J Q to , ro +� C C m N _s E v u U O O d d to O 0 O p c o co ° m c r' O LLn O m _ r, z o) z 00 'ji �.o 0 i 00 00 °o °o 0 0 LM o LM O m J' M O r1 N N V 4A. i!? to O O O O O O C � d d -q n Lr Sri Lri Lri Ln Lr) L m _ v f in 00 00 O O c n n M W 00 NO L, Lri Ili d Ln N N m 'O : rM-{ � 0 LL O OO O O O � O O N 0 C m o E v ro Itt o` LL tr? N rn '. m M '. 00 (N . 00 00 u O 00 N N N N 3 ^ C') i r-I tD M M fC lD lD c 0 ,L U G7 0 Q m LLf (V 'a -0 p Q N co m m Z co 0 at C C LA mm Io mJ m << Q 'L'0'9 � UOZ /9Z/9 -169- @Sed I@PEd d O O M M r-I O N N O V1 O Q t L O z E ra Q N rC \ v C N Q u Im C.)- O O M m r-i O N N O \ u1 O ro N C) CC ro C N m f6 \ V) N C 41 O 6/25/2013 16.D.7. A G R E E M E N T 13-6032 for THIS AGREEMENT is made and entered into this day of , 2013, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner ") and FA Remodeling and Repairs, Inc., authorized to do business in the State of Florida, whose business address is 8244 Key Royal Circle, #636, Naples, FL 34119 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a sixty -one (61) day period, commencing on August 5, 2013 and terminating on October 5, 2013. 2. STATEMENT OF WORK: This Agreement is to award Work in accordance with the terms and conditions of ITB #13 -6032 — Cleaning and Painting of Structural Steel and Concrete Piers at Veterans Park Roller Hockey Rink and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The Work will include Base Bid Option A — Cleaning and Painting of Structural Steel with sixty (60) day completion time, and Alternate Bid 1 — Cleaning and Painting of Concrete Piers with sixty (60) day completion time. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work as follows: Item 1 Base Bid Option A $ 38,360.00 Item 2 Alternate Bid 1 $ 11,200.00 Total Bid Price Items 1 and 2 $ 49,560.00 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: FA Remodeling and Repairs, Inc. 8244 Key Royal Circle, #636 Naples, Florida 34119 Attention: Carla Alvear, Vice President Phone: 239 - 601 -0122 Fax: 239 -354 -8089 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Page -1- Packet Page -892- 6/25/2013 16.D.7. Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Interim Purchasing /General Services Director Phone: 239 -252 -8371 Fax: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. 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. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. Page -2- c+9 Packet Page -893- 6/25/2013 16.D.7. 10. 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 $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. Page -3- Packet Page -894- 6/25/2013 16.D.7. 11—N 12. PAYMENTS. The Contractor will be paid upon completion and acceptance of the Work by Owner. 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (c) reasonable indication that the Work will not be completed within the Contract Time; (d) unsatisfactory prosecution of the Work by the Contractor; or (e) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Page -4- �9 Packet Page -895- 6/25/2013 16.D.7. 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or 110 � Page -5- (9 Packet Page -896- 6/25/2013 16.D.7. repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER SUPERVISOR EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well- groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Page -6- A Packet Page -897- 6/25/2013 16.D.7. 25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work to determine the status of completion. If Owner does not consider the Work (or designated portion) complete, the Owner shall notify Contractor in writing giving the reasons therefor. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 27. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, ITB No. 13 -6032, any addenda, any Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications. 28. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 29. 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. 30. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 31. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 32. 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. Page -7- E) A Packet Page -898- 6/25/2013 16.D.7. 33. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 34. 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. 35. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years 36. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *Remainder of page intentionally left blank**** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Page -8- eA Packet Page -899- 6/25/2013 16.D.7. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (Seal) Approved as to form and legality: Assistant County Attorney First Witness Type /Print Witness Name Second Witness Type /Print Witness Name Owner: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Georgia A. Hiller Esq., Chairwoman Contractor: FA REMODELING AND REPAIRS, INC. By: Signature Typed Signature Title Page -9- CA Packet Page -900-