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Agenda 05/24/2011 Item #16C6Agenda Changes Board of County Commissioners Meeting May 24, 2011 Continue Item 16139 to the June 14, 2011 BCC Meeting: To approve and authorize the Chairman to sign an amendment to the Collier County Hunger and Homeless Coalition (HHC) Subrecipient Agreement for the U.S. Department of Housing and Urban Development (HUD) Homeless Prevention and Rapid Re- Housing (HPRP) Grant approved by the Board on September 15, 2009, Item 16D19. This amendment will allow for a revision of Exhibit A of the Subrecipient Agreement to accommodate the HHC request to no longer include Homeless Management Information System (HMIS) activities and to allow HHC to more fully expend grant funds. (Staffs request to modify back -up documents to satisfy County Attorney's requirements) Move Item 16E3 to Item IOD: Recommendation to approve the First Amendment to Lease Agreement, aka the cattle lease, for the Pepper Ranch Preserve under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the Lease Amendment terms. (Commissioner Coletta and Commissioner Miller's separate request) Move Item 16E4 to Item 10E: Recommendation to approve an Access Easement to the Florida Department of Environmental Protection (FDEP) and a Declaration of Restrictive Covenant which will allow FDEP to monitor the cattle vat clean -up site at Pepper Ranch Preserve and restrict public uses within the cattle vat clean -up site. (Commissioner Coletta and Commissioner Hiller's separate request) Move Item 16E5 to Item 1OF: Recommendation to authorize the release of $250,000 held in escrow to Lake Trafford Ranch, LLLP, the Seller of Pepper Ranch Preserve, and approve the associated Budget Amendment. (Commissioner Coletta and Commissioner Hiller's separate request) Move Item 16F2 to Item IOG: Authorize the County Attorney to advertise an ordinance for future consideration which would amend Ordinance No. 04 -12, as amended, adding provisions relating to requirements for certificate holders operating non - transport Advanced Life Support (ALS) services. (Commissioner Hiller and Commissioner Henning's separate request) Move Item 16C6 to Item 1OH:Recommendation to award Contract #11 -5673, "Disaster Debris Removal and Disposal Services," to three firms, and approve AshBritt Environmental Services, Inc., as the initial debris removal contractor in operational readiness for the 2011 Hurricane Season. The firms provide post- disaster equipment and human resources for the collection, removal and disposal of disaster generated debris, which will ensure prompt, timely and efficient restoration of essential services. (Commissioner Hiller's request) Note: Proclamations 4A and 4B to be presented at end of proclamations due to awardees not available at beginning of proclamations being presented. Correction to Bid Number for Item 16C2: "waFd bid #11 5657 Award bid #11 -5647, Grease Hauling Services, to Rockfill Associates, Inc. D/B /A Crews Environmental and authorize the Chairman to sign the agreement following County Attorney approval, in the estimated annual amount of $50,000. (Staffs request to clarify language) 5/26/20112:39 PM 5/24/2011 Item 16.C.6. EXECUTIVE SUMMARY Recommendation to award Contract #11 -5673, "Disaster Debris Removal and Disposal Services," to three firms, and approve AshBritt Environmental Services, Inc., as the initial debris removal contractor in operational readiness for the 2011 Hurricane Season. The firms provide post- disaster equipment and human resources for the collection, removal and disposal of disaster generated debris, which will ensure prompt, timely and efficient restoration of essential services. OBJECTIVE: Award Contract #11 -5673, "Disaster Debris Removal and Disposal Services," to three firms, AshBritt Environmental Services, Inc.; Crowder -Gulf Joint Venture, Inc.; Tag Grinding Services, Inc.; and, approve AshBritt Environmental Services, Inc., as the initial debris removal contractor in operational readiness for the 2011 Hurricane Season. CONSIDERATIONS: The Public Utilities Division's Solid Waste Management Department is responsible for planning, coordinating, and removing debris located in the right -of -ways and residential roadways throughout Collier County following a natural or man -made disaster. Natural and man -made disasters, including hurricanes and terrorist attacks, have the potential of generating massive quantities of debris, as demonstrated during the 2004 and 2005 hurricane seasons. Debris generated by comparable storms or other disasters could exceed the County's ability to promptly and efficiently remove the large quantities of materials blocking critical roadways and access to essential services, including hospitals, water and sewer facilities, and law enforcement centers. The current debris removal and disposal contract, No. 05- 3661(Awarded June 14, 2005, Agenda Item 16.C.7), expires on June 13, 2011. Request for Proposal (RFP) was issued and publicly advertised on March 16, 2011. Notices were sent to 550 firms with 44 requesting full proposal packages. A non - mandatory pre - proposal meeting was held in the Purchasing Department on April 1, 2011; 13 responses were received by the due date of April 12, 2011. The Selection Committee met May 5, 2011, and after review and discussion ranked all 13 proposals. The following three firins were recommended for contract negotiations and subsequent award, in the following order: 1. AshBritt Environmental Services, Inc. 2. Crowder -Gulf Joint Venture, Inc. 3. Tag Grinding Services, Inc. The recommended firms will be under an "on call at no cost" contract with the County for a single two -year period, with the option for both the County and the firms to extend the contracts for two additional one -year periods. When required by the County, the firms will be tasked with specific assignments by purchase order(s) that will describe in detail the work to be done, and the associated compensation. Rates are set in compliance with Federal Emergency Management Agency (FEMA) guidelines to optimize financial recovery in the event of a declared emergency. In their proposals, the recommended firms provided unit costs for both equipment and human resources, and identified and delineated their equipment, human resources, and related facilities that will be available to assist the County in collection and disposal of disaster - generated debris. Packet Page -1382- 5/24/2011 Item 16.C.6. If required by the County, the recommended firms will also be available 72 -hours prior to landfall and/or impact of hurricanes and other predictable natural events to position equipment and human resources in strategic locations for rapid post disaster response. The costs associated with the utilization of this contract may be reimbursed by the state and federal emergency funds in accordance with the most current reimbursement guidelines; therefore, under the provisions of the Local Vendor Preference Purchasing Policy, these contracts are not required to provide local vendor preference. The RFP required the proposers to provide their voluntary compliance by including sources of their labor force. Additionally, the County recommended the utilization of local firms whenever possible. The firms acknowledged in their proposals that they will hire local vendors to assist with the monitoring activities whenever applicable. For the 2011 Hurricane Season, staff recommends using the top ranked firm, AshBritt Environmental Services, Inc. as the initial debris removal contractor. The benefits of selecting a debris management contractor prior to hurricane season include • Having the pre - selected contractor on -call and on- contract with Collier County to provide effective disaster recovery services will accelerate post -storm response time to debris cleanup. • Allow for pre - hurricane season training with staff from Collier County and the cities of Naples, Everglades City, and Marco Island to ensure continuity and a clear understanding of clean -up activities providing for a cohesive network. • Utilizing tried and tested high performing contractors that specialize in debris recovery services will ensure the most efficient debris removal practices for Collier County. • A debris management contractor with recent and successful experience and an established geographical understanding of Collier County, post Hurricane Wilma and Tropical Storm Fay. • A debris management contractor that worked effectively with FEMA representatives in an effort to operate within the FEMA guidelines to optimize reimbursement eligibility after Hurricane Wilma and Tropical Storm Fay. • Additionally, the Solid Waste Management Department, in cooperation with its contractors on bid, proactively participated in and gained FEMA and State PAC (Public Assistance Coordinator) approval of the Collier County Debris Removal Plans. FISCAL IMPACT: Fiscal impact will be to appropriate operating funds that are relevant to the activities that take place. The extent of this financial impact is dependent on the number and severity of the event. Events declared as local disasters, state disasters, and disasters by presidential decree are eligible for reimbursement by the federal government and the state emergency fund. Accurate documentation of the quantities and types of materials removed and disposed of, is critical to maximize the amount of federal and state reimbursement. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. - CMG Packet Page -1383- 5/24/2011 Item 16.C.6. GROWTH MANAGEMENT IMPACT: These contracts and the activities anticipated to be tasked under them will have no impact on the County's Growth Management Plan. RECOMMENDATIONS: To award Contract #11 -5673, "Disaster Debris Removal and Disposal Services," to three firms, and approve AshBritt Environmental Services, Inc., as the initial debris removal contractor in operational readiness for the 2011 Hurricane Season, and authorize the Chairman to execute the contracts. PREPARED BY: Linda L. Jackson Best, M.B.A, Waste Reduction and Recycling Manager, Solid Waste Management Department Packet Page -1384- COLLIER COUNTY Board of County Commissioners Item Number: 16.C.6. 5/24/2011 Item 16.C.6. Item Summary: Recommendation to award Contract #11 -5673, "Disaster Debris Removal and Disposal Services," to three firms, and approve AshBritt Environmental Services, Inc., as the initial debris removal contractor in operational readiness for the 2011 Hurricane Season. The firms provide post- disaster equipment and human resources for the collection, removal and disposal of disaster generated debris, which will ensure prompt, timely and efficient restoration of essential services. Meeting Date: 5/24/2011 Prepared By Name: Linda Best Title: Manager - Environmental Compliance,Solid Waste 3/17/20118:53:25 AM Submitted by Title: Manager - Environmental Compliance, Solid Waste Name: Linda Best 3/17/2011 8:53:27 AM Approved By Name: Amysue Benker Title: Executive Secretary, Date: 5/6/2011 11:07:05 AM Name: RodriguezDan Title: Director - Solid Waste,Solid Waste Date: 5/6/2011 11:24:43 AM Name: WidesTom Title: Director - Operations Support - PUD,Utilities Fina Date: 5/6/2011 12:07:14 PM Packet Page -1385- Name: Amia Marie Curry Date: 5/6/2011 1:51:08 PM Name: JohnsonScott Title: Purchasing Agent,Purchasing & General Services Date: 5/10/20118:39:07 AM Name: beth ryan Title: Manager - Solid Waste Operations,Solid Waste Date: 5/10/2011 10:31:08 AM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 5/10/2011 1:40:35 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 5/10/20114:28:33 PM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 5/11/2011 1:47:38 PM Name: DeLonyJim Title: Administrator - Public Utilities, Date: 5/12/2011 10:52:18 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 5/12/2011 11:55:30 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/12/2011 3:44:43 PM Name: OchsLeo Title: County Manager Date: 5/15/20119:11:44 PM Packet Page -1386- 5/24/2011 Item 16.C.6. Gl J Packet Page -1387- 5/24/2011 Item 16.C.6. O , CA 9 W Cr U) CA 3 00 CO DWCn -4 W O N 03� N v y oW Cn < CD v a� D 0 a = CD G) W En 'D m r �. CD_ L" S W CO =3 Q i p N V 0 3• go G) n L O C_ cc' CD z Cr Ln d J� .P W to Cr U1 4 N S W Cn W V 7 -� CA O O O O O O O O O W 4P O O W I W Cb — .A Co N Jb. CD O 3 0 0 0 0 0 0 0 r a W CD CA CO 00 Cf i V O 146, W N W n N Cfl i i i i - C4 .00 W !v O M Cif° W N N' "7 < CAS CD i i i Y/ L" Cc -4 G) W ,A 'N! CO i CD W N s n S sv CD n CO I e Cf ,cc OO fCM i 26 Ln -4 W W N N Packet Page -1387- 5/24/2011 Item 16.C.6. O , CA 9 W Cr U) CA 3 00 CO CS -4 W O N W N v y v a� Co CD L" W CO A i 'W V 0 W N ;N O Cr Ln d J� .P W to Cr U1 4 N S W Cn W V v -� CA O O O O O O O O O W 4P O O W I W Cb — .A Co N Jb. Packet Page -1387- 5/24/2011 Item 16.C.6. as d c� M 3 M X 3 O as 90 V O N TI cp T. O O O o O Cn S CD CD M V-0M O , CA 9 W Cr U) 3 as d c� M 3 M X 3 O as 90 V O N TI cp T. O O O o O Cn S CD CD M V-0M Cu Cf0 M N O A T sy c� CD CD En CD v CD N 0 O y O ° CU CD 5/24/2011 Item 16.C.6. Packet Page -1388- CD Q Co Cn o °' CO �a ° M. CD j-' So = C— �' a G) o c CD C M 3' 00 4 V CA p W N N W Co — W M CO W— D W W M W M W W M '. to W W M W M W W O -1 W W M w M W W M po W W O W O W W CA f�D --� W W M W M W W O W N O CJt W W �I W �I CJ1 W W �I O o, 3 -n ao W N O O Cb �1 CA CI1 A W N M Packet Page -1388- 5/24/2011 Item 16.C.6. A G R E E M E N T #11-5673 for Disaster Debris Removal and Disposal Services THIS AGREEMENT, made and entered into on this day of 2011, by and between AshBritt Environmental Services, Inc., authorized to do business in the State of Florida, whose business address is 565 East Hillsboro Blvd. Deerfield Beach, FL. 33441, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for an initial two (2) year period, commencing on ' and terminating on with two (2) additional one (1) year renewals under all of the same terms and conditions contained in this Agreement. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Disaster Debris Removal and Disposal in accordance with the terms and conditions of RFP #11 -5673 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the prices identified in Appendix A "Rate Schedule ", together with the cost of any other negotiated charges /fees for a specific event. The definition of "event" shall include, but not be limited to: hurricanes, floods, windstorms, tornadoes, chemical and hazardous waste spills, or any other natural or man -made disasters which prompt the use of this Agreement. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Solid Waste Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". Page 1 of 8 Packet Page -1389- 5/24/2011 Item 16.C.6. 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. 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. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: AshBritt Environmental Services, Inc. 565 East Hillsboro Blvd. Deerfield. Beach, FL. 33441 John W. Noble, Chief Operating Officer Telephone: (954)545 -3535 Facsimile: (954)545 -3585 Email: inoble @ashbritt.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239- 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall Page 2 of 8 Packet Page -1390- 5/24/2011 Item 16.C.6. comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $5,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000.00 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 $1,000,000.00 for each accident. Page 3 of 8 Packet Page -1391- 5/24/2011 Item 16.C.6. D. Pollution Insurance: is required for the Contractor. The Contract shall maintain: 1. Pollution and Remediation Liability Insurance including the cost of defense during the term of this Agreement and for a period of five (5) years following the completion of the Project as outlined in this Agreement. Such coverage shall apply specifically to the contracting services / scope of work as outlined in this Agreement and shall include, but not be limited to Pollution Legal Liability (legal liability arising out of the discharge, dispersal, release, seepage, migration or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gasses, hazardous materials, waste materials or other irritants, contaminates or pollutants into or upon land, the atmosphere or any watercourse or body of water including ground water at under or emanating from the project). 2. Remediation Legal Liability / Expense (expenses incurred for or in connection to the investigation, monitoring, removal, disposal, treatment or neutralization of a condition arising from the discharge, dispersal, release, seepage, migration or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gasses, hazardous materials, waste materials or other irritants, contaminates or pollutants into or upon land, the atmosphere or any watercourse or body of water including ground water at under or emanating from the project, as well as the cost to repair or replace real, or personal property damaged during the course of Remediation Expense in order to restore the property to the condition it was in prior to the Remediation Expense to the extent required by Federal, State, Local or Provincial laws, regulations or statutes or any subsequent amendments thereof). 3. Transportation Legal Liability / Expense - Pollution Legal Liability or Remediation Legal Liability / Expense arising out of the movement by the Contract of product or waste of the Owner to its final delivery point specified under this Agreement. Each Occurrence $$2,000,000.00 Per Occurrence E. Other Insurance Requirements: Watercraft, Maritime Coverage (Jones Act), United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 2,000,000.00 Per Occurrence F. Subcontractor's Insurance: Subcontractors shall be required to maintain Commercial General Liability insurance with minimum limits of $500,000.00; Workers Compensation as per Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements; and Automobile Liability Insurance with minimum limits of $500,000.00. The Contractor shall Page 4 of 8 Packet Page -1392- 5/24/2011 Item 16.C.6. provide the County Subcontractors' certificate of insurance meeting the required insurance provisions upon request. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Performance and Payment Bonds, RFP #11 -5673 Specifications/ Scope of Services and Addendum/ Addenda, Appendix A "Rate Schedule ". Page 5 of 8 Packet Page -1393- 5/24/2011 Item 16.C.6. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 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. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would snake 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 Page 6 of 8 Packet Page -1394- 5/24/2011 Item 16.C.6. staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. KEY PERSONNELIPROJECT STAFFING: The Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. The Consultant shall not change the Project Manager unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and /or experience. (2) that the County is notified in writing as far in advance as possible. The Consultant shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 24. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of the RFP and Consultant's response Proposal. 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. Page 7 of 8 Packet Page -1395- ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (SEAL) First Witness TType /print witness name Second Witness TType /print witness nameT Approved as to form and legal sufficiency: Assistant County Attorney Print Name 5/24/2011 Item 16.C.6. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred Coyle, Chairman ASHBRITT ENVIRONMENTAL SERVICES, INC. Page 8 of 8 Contractor Signature Typed signature and title Packet Page -1396-