Backup Documents 02/10/2026 Item #16A 8 (Earth Tech Environmental, LLC Preserve Area Maintenance) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management
2. County Attorney's Office County Attorney's Office
sAk(Mb 2 f///7‘
4. BCC Office Board of County
Commissioners c J ?//t/Zr
4. Minutes and Records Clerk of Court's Office
(9))4
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally,the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
One of the addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Francheska Correa/Procurement Contact Information 239-252-6020
Contact/Dept Intent
Agenda Date Item was February 10,2026 Agenda Item Number 16.A.8
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A 25-8372 Earth Tech
number if the Preserve Area Environmental,LLC.
document is to be Maintenance.
recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature, STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name,Agency,Address,Phone)on an attached sheet.
3. The original document has been signed/initialed for legal sufficiency. (All documents to FC
be signed by the Chairman,with the exception of most letters,must be reviewed and
signed by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the FC
document or the fmal negotiated contract date,whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney's Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame,or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on February 10,2026 and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County _1, an option for
Attorney's Office has reviewed the changes,if applicable. )iliqftv this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the Ink(ryb an option for
Chairman's signature. I this line.
FIXED TERM SERVICE 16 A
�!
SINGLE-CONTRACTOR AWARD AGREEMENT �i
#25-8372
for
Preserve Area Maintenance
THIS AGREEMENT, made and entered into on this I V day of 4ebYuftrO\ 20 211,
by and between Earth Tech Environmental, LLC. (
authorized to do business in the State of Florida, whose business address is
10600 Jolea Ave.Bonita Springs, FL.34135 , (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period,
commencing I I tipen-the—ate-ef.geard:-appreva+; or IUI on March 22,2026 and
terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase
Order(s) 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
Agreement under all of the terms and conditions contained in this Agreement for
two ( 2 ) additional one ( 1 ) year(s) 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.
The County Manager, or the County Manager's designee, may 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 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 ❑Netice-te-Reseed-
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of ■ Request for Proposal (RFP) tRvitatie+ te--B+d---f4
Other ( RFP ) # 25-8372
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal
referred to herein and made an integral part of this Agreement.
III The Contractor shall also provide services in accordance with Exhibit A - Scope of
Services attached hereto.
3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
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in compliance with the County's Procurement Ordinance, as amended, and Procur hPnf
Procedures in effect at the time such services are authorized.
3.2 DUI The procedure for obtaining Work under this Agreement is outlined in Exhibit A —
Scope of Services attached hereto.
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4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee 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 County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
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n Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
which it is not possible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
these contracts include back-up documentation of costs; invoices would include number
of hours worked and billing rate by position (and company (or subcontractor) timekeeping
or payroll records), material or equipment invoices, and other reimbursable
documentation for the project.
III 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).
4.2 Any County agency may obtain 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) 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.
4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
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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 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 # 85-8015966531 C.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: Earth Tech Environmental,LLC.
Address: 10600 Jolea Ave.
Bonita Springs, FL 34135
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Authorized Agent: Jeremy Sterk 16 A
Attention Name & Title: MGR
Telephone: 239-304-0030
E-Mail(s): jeremys@eteflorida.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Growth Management Department
Division Name: Jaime Cook
Address: 2800 Horseshoe Drive N
Naples FL 34104
Administrative Agent/PM: Summer Araque
Telephone: 239-252-2979
E-Mail(s): summer.araque@collier.gov
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.
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
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
9. 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
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
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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.
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 the sole judge of
non-performance.
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.
11 . NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. (■i Commercial General Liability: Coverage shall have minimum limits of
$ i,000,00o Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. • Business Auto Liability: Coverage shall have minimum limits of$ i,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. 10 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 $ i3Ooo,00o for each accident.
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this 'nsurance. Such insurance shall have limits of not lcs., than $ elaah
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4
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_ _ _— 16A8 '
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Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
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 thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of thirty (30) 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 the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, 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 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 to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
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1 6 A 8
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.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Growth Management Department
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.
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), n Exhibit A Scope of Services,
Exhibit B Fee Schedule, Exhibit C Affidavit Regarding Labor and Services, n RFP/
I I Other #25-8372 , including Exhibits,
Attachments and Addenda/Addendum, I I subsequent quotes, and I, Other
Exhibit/Attachment: FEDERAL CONTRACT PROVISIONS AND ASSURANCES
17. APPLICABILITY. Sections corresponding to any checked box ( ) expressly apply to
the terms of this Agreement.
18. 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.
19. 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, 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
termination of any Agreement held by the individual and/or firm for cause.
20. 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,
ordinances, rules, regulations and requirements applicable to this Agreement, including
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, as well as the requirements set forth in Florida Statutes, §448.095; taxation,
workers' compensation, equal employment and safety including, but not limited to, the
Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law
Chapter 119, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
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IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest[o�collier.gov
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
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 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 agency.
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.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
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22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or a Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23. 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.
24. 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.
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26. ICJ 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 County 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 County.
27. ■ 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 the County or County'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 to
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 County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County 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 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 modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
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employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. 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.
31 . 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.
32. 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.
33. 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.
34. I I KE-(--1 E-RSA aIF_L---T-h e -a -r aeage ae t-te-sae--utitfzed--f r
rabic in their areas of expertise. The County re
the--perfect a+ ee-of-the-Agrees er�t—Tfae tGe traeter el an aseigt�
as-mariyizieep4eee-Aeeessary4e-eethjalete-the-sePvqeeeewe4-imel-y--iaasisreRisi-eaeh-persen
vaiiabie for aR-ara oeet e€t+r ae adequate-to+meet--the-rweg +red--secranee
itiens-are
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n 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 required services on a timely basis,
Page 11 of 19
Fixed Term Service Single-Contractor Agreement
[2025_ver.3]
CA
16A 8
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. I Q i9€-R-OF-l1E t-e-f--a+ y-ssefliet-ketwee-e-e eilg.tfae-tee
gas of
et-- Ft ent halo
take--pfeeedenee--
n ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at County's discretion.
36. 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 this
Agreement, or any part herein, without the County's consent, shall be void. 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 the County.
37. 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
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division 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. All of Contractor's employees and subcontractors must wear Collier County
Government 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 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-FMOPScollier.qov) 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.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If
there are additional fees for this process, the Contractor is responsible for all costs.
Page 12 of 19
Fixed Term Service Single-Contractor Agreement
[2025_ver.3]
CAO)
t.6A
38. ■ SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable
rules and regulations. Also, all Contractors and subcontractors shall be responsible for
the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way
for the purpose of inspection of any Contractor's work operations. This provision is non-
negotiable by any division/department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier County
Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision
shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
(Intentionally left blank -signature page to follow)
Page 13 of 19
Fixed Term Service Single-Contractor Agreement
[2025 ver.3]
i6A8
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST,..,.. ' BOARD OF COUNTY COMMISSIONERS
ciyifigM.. 1 ►mei, C'erk of the Circuit COLLIER COUNTY, FLORIDA
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Contractor's Witnesses: Earth Tech Environmental,LLD
Contractor
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Contractor's First Wit s S' nature
Jere Sterk / Partner-Principal Envir. Consultant
Andrew McAuley TType/print signature and titleT
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Contr ctor's Se and Witness
Conor Goulding
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Approved • 1, • ''' nd Legality:
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Page 14 of 19
Fixed Term Service Single-Contractor Agreement
(2025 ver.3i
Exhibit A 16 ri 8
Scope of Services
• following this page (pages 1 through 2 )
L this exhibit is not applicable
Page 15 of 19
Fixed Term Service Single-Contractor Agreement
[2025 ver.3]
CA
Exhibit A-Scope of Services 16 A 8
#25-8372 "Preserve Area Maintenance"
For all work, the Contractor shall provide all labor (qualified personnel), material, supplies, and equipment to perform the
required services, including but not limited to vegetation reduction, mulching, mowing, bush-hogging, litter/trash removal, trail
maintenance,fence line clearing and treating, tree removal and trimming, and minor fence repair and gate maintenance following
all minimum specifications and requirements stated herein. Contractor will identify areas that contain wetlands within specified
work areas. In some, but not all instances, Contractor may need to identify and flag mangroves and other protected vegetative
species that are not to be disturbed and stake the limits of the specified work area to include performing gopher tortoise surveys and
providing a wildlife monitor during the duration of a projects.
Minimum qualifications for contractors providing vegetation clearing in Collier County Preserve Areas is as follows:
• Ability to achieve optimal results with a minimal amount of ground disturbance by properly utilizing low ground pressure
equipment(avoid aggressive turns,use equipment only where specified, etc.).
• Experience working in preserve areas where listed species occur.
• Knowledge of natural areas.
• Experience reading aerial maps of a site.
• Knowledge of Florida plant species.
• Knowledge of Florida wetland and upland ecosystems.
• Knowledge of proper identification and protection of gopher tortoise burrows and Florida listed species.
• Experience de-contaminating invasive,exotic spores,seeds,grasses from machinery.
• Experience keeping a proper distance from Ecotones.
• Understanding of machine ground pressures, root systems of trees,drip lines;and preserve nuisance vegetation removal.
1.General Requirements: In all cases,prior to each operation,the Contractor shall pick up all litter and vegetative debris,and
remove it from all areas specified,to ensure clean conditions.This includes flagging tape and location markers.The Contractor shall
cleanup sites in such a manner to avoid bumping, girdling, and/or causing any other damage to trees, shrubs, plants, fences, and
benches.
1.1 Licenses/Certification Requirements: The Contractor shall have valid insurance, license(s), and certification(s) as required
by statute, law, and administrative rules during the contract term, renewals, and extensions. The Contractor is responsible
for emailing the County's Contract Administration Specialist and the County's Division Project Manager within 24-hours
of receiving a renewal or extension request.The documentation below must be submitted with the bid or before the Notice
of Recommended Award(NORA).
Required Licenses:
• Tree Removal and Trimming
• State of Florida Pesticide Applicator License
• Professional Mangrove Trimmer
• Gopher Tortoise Agent
• Florida Department of Agriculture and Consumer Services(FDACS)Licensed Herbicide Applicator for wetlands and
natural areas
2. Initial Site Conditions: The Contractor shall have the sole responsibility of acquainting themselves concerning the nature and
location of the work and the general and local conditions, and particularly, but without limitation, with respect to the following:
physical conditions at the work site and the project area as a whole. The failure of the Contractor to familiarize themselves with any
applicable conditions shall not relieve the Contractor from their responsibilities to perform under the Agreement, nor shall it be
considered the basis for any claim for additional compensation. Some preserve areas are only accessible through private property
and Contractor shall,with the assistance of the Project/Preserve Manager,make arrangements for access prior to starting work.
3. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to complete the jobs, who is
familiar with the terms and conditions of the Agreement and has authority to act as a single point of contact for the work to be
performed,at all times,during the term of this Agreement.If the designated Supervisor is not acceptable to the County,the Contractor
will be notified in writing and shall assign a new Supervisor within seven (7) calendar days of the County's notification. All
communication,written or oral,shall be solely in the English language.
4. Contractor Equipment: The Contractor shall provide all equipment to perform requested services, including but not limited to,
Page 1 of 2
Exhibit A—Scope of Services
CA
t 6 A 8
riding and push mowers,string trimmers,edgers,sweepers, blowers,chain saws,bush-hogging equipment,etc.The Contractor shall
keep all blades sharpened to provide a smooth,clean-cut. If machinery breaks down and cannot be repaired on time to meet project
deadlines,rental machinery must be obtained by contractor at no additional cost to the County.
5. Scheduling Services:The Contractor shall start the work after issuance of a valid Purchase Order. Completion dates for each work
assignment will be specified in the County's request for services. The Contractor shall take every precaution to ensure the safety of
all citizens and animals on and around the subject property during operations. If access to private property is needed,Project/Preserve
Manager will assist Contractor to gain access.
6. Site Work Hours: Regular work shall take place between the hours of 7:00 AM and 7:00 PM, Monday through Saturday, unless
preempted by scheduled activities.
7. Mowing Conditions: The Contractor shall use mowing practices so as not to create ruts in the soil. The Contractor shall be
responsible for repairing any ruts caused by their machines at no additional costs to the County.The Contractor shall not mow under
conditions wet enough to result in damage to soil or unsafe mowing conditions for the Contractor.
8. Preserve Nuisance Vegetation Removal Specifications: Mechanical nuisance vegetation removal in these instances will include,
but not be limited to,mowing large stands of invasive,exotic species;mowing firebreaks and/or trails;and reducing understory before
prescribed bums.
9. Preserve Nuisance Vegetation Control: Nuisance vegetation control in place is acceptable where appropriate. All work must be
performed under the direct (on-site) supervision of a State licensed pesticide applicator. EPA aquatically approved herbicides and
visual tracer dye must be used. Active ingredient Imazapyr is not permitted. Extreme care should be taken to avoid impacts to
surrounding mangrove systems,water bodies,and upland areas when performing work.The Contractor is responsible for maintaining
daily treatment reports.
10.Litter and Debris Removal: Includes,but is not limited to,clean-up,removal,proper disposal of white goods,cars,trucks,grills,
tires, scrap metal,or any other item (small or large)as defined by the Division.
11. Miscellaneous Preserve Maintenance Services: Additional maintenance services may include such services as grinding and
removing stumps, spreading rock and/or riprap, clearing and grubbing, culvert repair, erosion control fabric, plantings for
stabilization,and seeding.
12. Reports and Invoicing: The Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the
Contractor may request to receive Progress Payments and submit invoices on a monthly basis. The Contractor may be required to
conduct on-site inspections with the County's Representative on an as-needed basis to verify satisfactory completion of Contractor's
work requirements.
13. Other Exhibit/Attachment: Federal Contract Provisions and Assurances. County staff may utilize the Agreement for declared
disasters requiring Federal Emergency Management Agency (FEMA) public assistance reimbursement for work related to this
agreement.County staff utilizing the Agreement for FEMA public assistance reimbursement will be required to submit a Method of
Procurement (MOP) form and Independent Cost Estimate (ICE) form (with the project estimate) to the Collier County Office of
Management and Budget Management (OMB), Grants Manager OR their respective Department's Grant Management Team, if
applicable.
14. Price Increases: Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment
must be made prior to the contract renewal date thereafter and submitted in writing to the Growth Management Division. Price
adjustments are dependent upon the most recent 12-month Consumer Price Index for all Urban Consumers(CPI-U)for the Miami-
Ft. Lauderdale area, budget availability, and Division Director or designee approval, and cannot exceed 3%annually, whichever is
less.
The Procurement Director or designee,has the authority to approve price adjustments in accordance with the Procurement Ordinance,
as amended. Price increase requests are not guaranteed. If approved,the Contractor will be notified in writing with the effective date
of any approved price increases.
The County may, after examination, refuse to accept the adjusted rates if they are not properly documented, or considered to be
excessive,or if decreases are considered to be insufficient. In the event the County does not wish to accept the adjusted rates and the
matter cannot be resolved to the satisfaction of the County,a contract termination will be processed.
Page 2 of 2
Exhibit A—Scope of Services
CA
Exhibit B 16 A 8
Fee Schedule
following this page (pages 1 through 2 )
Page 16 of 19
Fixed Term Service Single-Contractor Agreement
[2025 ver.3]
CA
1"6A8
Exhibit B—Fee Schedule
#25-8372 "Preserve Area Maintenance"
'Personnel/ Equipment Rate Unit
Field Supervisor $65.00 HOURLY
Laborer $30.00 HOURLY
Professional Mangrove Trimmer $90.00 HOURLY
Gopher Tortoise Agent $90.00 HOURLY
FDACS Certified Herbicide Applicator $65.00 HOURLY
Licensed Tree Trimmer $90.00 HOURLY
Chainsaw Operator $45.00 HOURLY
Stump Grinder on Tracks $150.00 HOURLY
Bush Hog Mower $150.00 HOURLY
30 yd. Dumpster Disposal Fee $450.00 PER LOAD
ADDITIONAL EQUIPMENT RATES
Equipment Rate Unit Note
Non-Licensed Herbicide Applicator* $45.00 HOURLY **
Skid-steer w/attachment $250.00 HOURLY
Skid-steer w/ mulching head $280.00 HOURLY
Mini Skid-steer w/ attachment $175.00 HOURLY
Mini Excavator w/attachment $175.00 HOURLY
Mini Excavator w/ mulching head $280.00 HOURLY
Excavator 60k#w/attachment $300.00HOURLY
Excavator 60k#w/mulching head $325.00 HOURLY
Page 1 of 2
Exhibit B—Fee Schedule
i"6A8
Front End Loader w/attachment — 1$250.00 HOURLY
Amphibious Excavator 30k class $25,000.00 WEEKLY
Dozer 45k class w/attachment $200.00 HOURLY
50 yd. Grapple Truck $475.00 PER LOAD
75 yd. Tree Truck $600.00 PER LOAD
4x4 UTV or ORV $150.00 DAILY
30 yd. Off-Road Dumptruck $1,500.00 DAILY
10 yd. Dumptruck $100.00 HOURLY
4x4 Tractor w/attachment $150.00 HOURLY
3 yd. Dump Trailer 1$250.00 DAILY
4x4 Swamp Buggy $500.00 DAILY
Arial Lift 50-65 ft. $175.00 HOURLY
Bucket Truck w/3 man crew $325.00 HOURLY
Chip Truck w/3 man crew $345.00 HOURLY
500 Gallon Water Trailer w/ Operator $1,200.00 DAILY
Notes: *Mobilization rates are $145 per hour with a 3-hour minimum. Dump Truck
utilization is a minimum of 4 hours. Any additional attachments will be rented at a cost-
plus 10% rate. Any additional equipment will be rented at a cost-plus 10% rate.
** Non-licensed Herbicide Applicator will be under the supervision of a FDACS Certified
Herbicide Applicator.
Page 2 of 2
Exhibit B—Fee Schedule
Exhibit C 16 A 8
Affidavit Regarding Labor and Services
following this page
Page 17 of 19
Fixed Term Service Single-Contractor Agreement
[2025_ver.3]
CA
•
46 A 8
AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended
between a nongovernmental entity and a governmental entity,the nongovernmental entity must provide the governmental
entity with en affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury
attesting that the nongovernmental entity does not use coercion for labor or services.
Effective January I,2024, a governmental entity may not accept a,bid on,a proposal for,or a reply to, or enter into,a
contract with en entity which would grant the entity access to an individual's personal identifying information unless the
entity provides the government with an affidavit signed by an officer or representative under penalty of perjury attesting
that the entity does not meet any of'the following criteria: (a)the entily.is owned by the government of a foreign country
of'concern;(b)the government of a foreign country of concern has a controlling interest in the entity;or(c)the entity is
organized under the laws of or has its principal place of business in a foreign country of concern.
Effective July 1, 2025, when an entity extends or renews a contract with a governmental entity which would grant the
entity access to an individual's personal identifj+ing information,the entity must provide the governmental entity with en
affidavit signed by an officer or representative o f the entity under penalty of perjury attesting that the entity does not meet
ally of the criteria in paragraphs(2)(a)-(c),§287,138,Florida Statutes,
Nongovernmental Entity's Name: Earth Tech Environmental LLC
Address: 10600 Jolea Ave. Bonita Springs, FL. 34135
Phone Number: 239-304-0030
Authorized Representative's Name: Jeremy Sterk
Authorized Representative's Title: Partner/Principal Environmental Consultant
Email Address: Jeremys@eteflorida.com
1, Jeremy Sterk (Name of Authorized Representative),as authorized representative attest
under penalty of perjury that Forth Tech Fnvirnnmental I I C (Name of Nongovernmental Entity)
does non (1)use coercion for labor or services as defined in§787.06,Florida Statutes,and(2)the nongovernmental
entity is not(a)owned by a government of a foreign country of concern,(b)that a foreign country of concern does not
have a controlling interest In the entity,and(c)that the entity is not organized under the laws of or has its principal
place of business in a foreign country of concern,all as prohibited under§287.138,Florida Statutes.
U er penalty of pe u eclare that I have read the foregoing Affidavit and that the facts stated in It are true.
1/6/26
(Si ature of orized representative) Date
STATE OF FL
COUNTY OF L e
Sworn to(or affirmed)and subscribed before toe,by means ofIXphysical presence or 0 online notarization this
6th day of January,2026 by.Jeremy Stork (Name of Affiant), who produced his Florida Driver's
License as identification.
Notary Public t f ''' Notary MON1CAMCGUIHNESS
Public-State of
��i CCornmisston I HH 706955 Florida
8/15/2029 f My Comm.Expires Aug 15,2029 ` -
Commission Expires Banded through National Notary Assn.
Personally Known DI)OR Produced Identification 0
Type of Identification Produced:
Page 18 of 19
Fixed Term Service Single-Contractor Agreement
[2025_ver,3)
Other Exhibit/Attachment 16 A 8
Description: FEDERAL CONTRACT PROVISIONS AND ASSURANCES
�f following this page (pages 1 through 1 3 )
this exhibit is not applicable
Page 19 of 19
Fixed Term Service Single-Contractor Agreement
[2025_ver.3]
MCA
16A8
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract,the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial
assistance will be used to fund all or a portion of the contract.
Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is
an entity that receives a Contract/ Purchase Order.
Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient(County)agrees
to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded
Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws
and regulations, and (iii) the subcontractor shall hold the County harmless against all claims of whatever
nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed
and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all
services under this contract in accordance with the following governing regulations along with all applicable
Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
O 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide
EXHIBIT I - 1
5/25
...1�.�.�'�
I6A8
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Access to Records: 1)The contractor agrees to provide the County, the Florida Department of Emergency
Management, the FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representative's access to any books, documents, papers, and records of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to
provide the FEMA Administrator or his authorized representatives' access to construction or other work
sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the
Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in
this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
Buy Clean: The County encourages the use of environmentally friendly construction practices in the
performance of this Agreement. In particular, the County encourages that the performance of this
agreement includes considering the use of low-carbon materials which have substantially lower levels of
embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal,
as compared to estimated industry averages of similar materials or products as demonstrated by their
environmental product declaration.
Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract
change, modification, amendment, addendum, change order, or constructive change must be necessary,
allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of
work, and otherwise allowable.
DHS Seal, Logo, and Flags: The County must obtain written permission from Department of Homeland
Security prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency
officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or
reproductions of flags, or likenesses of component officials. The contractor shall not use the DHS seal(s),
logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-
approval.
Domestic Preference for Procurements: The Contractor should, to the greatest extent practicable and
consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement,
and other manufactured products.
For purposes of this section: "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the
United States.
Build America, Buy America Act (BABAA): FEMA Public Assistance Funding is not subject to Buy
America preference pursuant the following guidance: Programs and Definitions: Build America, Buy
America Act I FEMA.gov
License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the
County, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the
performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works,
distribute copies to the public, and perform publicly and display publicly such data. For data required by
the contract but not first produced in the performance of this contract, the Contractor will identify such data
and grant to the County or acquires on its behalf a license of the same scope as for data first produced in
the performance of this contract. Data, as used herein, shall include any work subject to copyright under
17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music,
choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works,
sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the
Contractor will deliver to the County data first produced in the performance of this contract and data
EXHIBIT I -2
5/25
i6A8
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
required by the contract but not first produced in the performance of this contract in formats acceptable by
the County.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to
any matter resulting from the contract.
Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this
clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services;
interconnection arrangements; roaming; substantial or essential component; and telecommunications
equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending
FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L.
No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020,
from obligating or expending grant, cooperative agreement. loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may
not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency
Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology
of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical technology as part of
any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument,
any equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions,
(1)This clause does not prohibit contractors from providing—(i).A service that connects to the facilities of
a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications
equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that
such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered
telecommunications equipment or services that: a. Are not used as a substantial or essential component
of any system; and b. Are not used as critical technology of any system. (ii). Other telecommunications
equipment or services that are not considered covered telecommunications equipment or services.
(3) Reporting requirement.
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FEDERAL CONTRACT PROVISIONS AND ASSURANCES
(1) In the event the contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or
subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i)
Within one business day from the date of such identification or notification: The contract number; the order
number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial
and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer
number, manufacturer part number, or wholesaler number): item description; and any readily available
information about mitigation actions undertaken or recommended. (ii)Within 10 business days of submitting
the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation
actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to
prevent use or submission of covered telecommunications equipment or services, and any additional efforts
that will be incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in
all subcontracts and other contractual instruments.
Providing Good, Safe Job to Workers: Pursuant to FEMA Information Bulletin No. 520, the contractor
will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality
of work, the contractor commits to strong labor standards and protections for the project workforce by
creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment
laws. The contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and
safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest
extent practicable.
Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance
Funding
Soeioeeenemie-Contr-aet+tag;--T-he.-Geatrac-tor ie eneearaged-to toko-at--ncees-sary..steps--identified....4cs...2.
G F.R, -§- 200.321(b)(.1..)--(5) to ensure small businesses; .minority—bus inesses,..worn ee'.s. business
entor-prises1-veteran_.owned-...bu sines ses,..and.....label-stop lus-area.fines-are-•eenside•red-when...possible: Such
eons+de at+ee-means- (- )--These-business-types--are-included..en-setie-itation-listc; (2-}-These-business--types
are--selieited---whenever--they---.are---deemed—eligible---as---potential--seances; (3)---Dividing--preeure errt
transact ions-_into....separate-procurements-to-permit--rn.aximu --participation.-..by_these--business.t-yPes;--(4)
Establishing-de livery.schedules-(far-example,--the-pereentage.of an--or-der-to.._be-delivered.-.by_a....given...date
of--each-rnor.th}-..that-eneet+rage-par-tieipat-ien--by--these...business-types;--(5) it+lizing-erganizations-.such--as
the-B all--BusinessAdministoation-...and...the..--Minor-ity- iness Development-Agency._of....the-Department-..of
Ge eree;...and--(6)-Rectuir+nga-contractor..-under-.a.Federat-award-to-apply-this section-.to-subcontracts:
Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into. (3) This certification is a material
representation of fact relied upon by the County. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the
County, the Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract
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FEDERAL CONTRACT PROVISIONS AND ASSURANCES
that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
Contractors must sign and submit a debarment certification to the County with each bid or offer. See
Certifications and Assurances and the end of this document.
Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired — a) Competitively within a timeframe providing
for compliance with the contract performance schedule; b) Meeting contract performance requirements; or
c)At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines webpage: Comprehensive Procurement Guideline(CPG)Progam LUS
EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the
Solid Waste Disposal Act.
The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or
use products and services that can be reused, refurbished, or recycled; contain recycled content, are
biobased, or are energy and water efficient; and are sustainable.
Termination for Cause and Convenience(over$10,000): See Standard Purchase Order and/or Contract
Terms and Conditions
Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who
apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the
tier above that it will not and has not used federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer
or employee of Congress, or an employee of a Member of Congress in connection with obtaining any
federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such
disclosures are forwarded from tier to tier up to the County who in turn will forward the certification(s)to the
federal agency.
Contractors must sign and submit a lobbyinq certification to the County with each bid or offer exceeding
$100,000. See Certifications and Assurances and the end of this document.
Contract Work Hours and Safety Standards Act (CWHSSA) (40 U.S.C. 3701-3708) (over $100,000):
Where applicable, all contracts awarded by the solicitor in excess of$100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5).
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for the
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FEDERAL CONTRACT PROVISIONS AND ASSURANCES
District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section,
in the sum of $32 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (b)(1).
(3) Withholding for unpaid wages and liquidated damages—
(i) Withholding Process. The County may, upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold or cause to be withheld from the
contractor so much of the accrued payments or advances as may be considered necessary to
satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary
relief, including interest; and liquidated damages required by the clauses set forth in this paragraph
(b)on this contract, any other federal contract with the same prime contractor, or any other federally
assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the
same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the
contractor under this contract, any other federal contract with the same prime contractor, or any
other federally assisted contract that is subject to the Contract Work Hours and Safety Standards
Act and is held by the same prime contractor, regardless of whether the other contract was awarded
or assisted by the same agency, and such funds may be used to satisfy the contractor liability for
which the funds were withheld.
(ii) (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in
accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds
by:
(A) A contractor's surety(ies), including without limitation performance bond sureties
and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in
bankruptcy of a contractor, or a contractor's bankruptcy estate;
(D)A contractor's assignee(s);
(E)A contractor's successor(s); or
(F)A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in
paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the
event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be
liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or
loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be
subject to debarment, as appropriate.
(5)Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce,
blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote,
intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any
worker or job applicant for:
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(i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation
of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations
in this part;
(ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or
seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this
part;
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under
CWHSSA or this part; or
(iv) Informing any other person about their rights under CWHSSA or this part."
Further Compliance with the Contract Work Hours and Safety Standards Act.
(1)The contractor or subcontractor must maintain regular payrolls and other basic records during the course
of the work and must preserve them for a period of three years after all the work on the prime contract is
completed for all laborers and mechanics, including guards and watchpersons, working on the contract.
Such records must contain the name; last known address, telephone number, and email address; and
social security number of each such worker; each worker's correct classification(s) of work performed;
hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual
wages paid.
(2) Records to be maintained under this provision must be made available by the contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of the Department of
Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the
contractor or subcontractor will permit such representatives to interview workers during working hours on
the job."
Clean Air Act (over$150,000): 1. The contractor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act, as amended,42 U.S.C. §7401 et seq. 2.The contractor
agrees to report each violation to the County and understands and agrees that the County will, in turn,
report each violation as required to assure notification to the Federal Emergency Management Agency, and
the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include
these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all
applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and
understands and agrees that the County will, in turn, report each violation as required to assure notification
to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this
contract, all claims, counter-claims, disputes and other matters in question between the local
government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided
by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
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FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Construction Activities
This provision is applicable to all federally assisted construction contracts, as that term is defined at 41
C.F.R. § 60-1.3. To the extent this Agreement meets this definition, Contractor agrees as follows:
The Contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex. sexual orientation, gender identity, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following:
1) Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3) The Contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge. in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish
information.
4) The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
5) The Contractor will comply with the rules, regulations, and relevant orders of the Secretary of Labor.
6) The Contractor will furnish all information and reports required by rules, regulations, and orders of the
Secretary of Labor, and will permit access to its books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
7) In the event of the Contractor's noncompliance with the nondiscrimination clauses this Agreement or
with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with authorized procedures, and
such other sanctions may be imposed and remedies invoked as by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the above applicable provisions in every subcontract or purchase order
unless exempted by rules. regulations, or orders of the Secretary of Labor, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take such action with respect
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FEDERAL CONTRACT PROVISIONS AND ASSURANCES
to any subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened with; litigation with
a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may
request the United States to enter into such litigation to protect the interests of the United States.
9) The County further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work: Provided,
that if the City is a state or local government, the above equal opportunity clause is not applicable to
any agency, instrumentality or subdivision of such government which does not participate in work on
or under the contract.
10) The County agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of Labor such information as they may require for
the supervision of such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
11) The County further agrees that it will refrain from entering into any contract or contract modification
with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts
and federally assisted construction contracts pursuant to any applicable Executive Order and will
carry out such sanctions and penalties for violation of any applicable clause as may be imposed upon
contractors and subcontractors by the administering agency or the Secretary of Labor. In addition, the
County agrees that if it fails or refuses to comply with these undertakings, the administering agency
may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this
grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the
applicant under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant; and refer the case to the
Department of Justice for appropriate legal proceedings.
Subcontracting Contractor acknowledges that if Contractor intends to enter into subcontracts for any
portion of the work under this Agreement, Contractor may take the affirmative steps described in 2 C.F.R.
§ 200.321 to ensure that small business firms, minority business firms, women's business enterprises, and
labor surplus area firms are solicited when possible, to the extent doing so is consistent with applicable
local, State, and Federal law.
Implernenti•ng....the-above-provisions-fornew...co•ntracts should..-at_least-der onstrate--that...the GauRty....is...t.ry.ing
to-comply with-the-ever-evolving.rules--and....regulations;and--as-of--now-_.we think this..is.-,enough.._. l'll make
sure-l-keep euu updated-en-any--other-ae-tions_that-mk ht-becerne-Neeessaf-y--in-the--future:
Davis Bacon Act: Exempt under FEMA Public Assistance Funding
Copeland Anti-Kickback Act: Exempt under FEMA Public Assistance Funding
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FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Compliance with Federal Law R8
,Regulations,And Executive Orders
Iand Acknowledgement of Federal Funding
1
Certification
This is an aclusiviledgernent that FEMA financial assistance will be used to fund all or a portion of the
contract The contractor wit cornpty with all applicable Federal law,regulations,executive orders,FEMA
policies,procedures,and directives.
if the Contractor subcontracts any of the work required under this Agreement,a copy of the signed
subcontract must be available to the County for review and approval_The Contractor agrees to inckide in
the subcontract that(1)the subcontractor is bound by the terms of this Agreement,(a)the subccntradnr is
bound by all applicable state and federal laws and regulations,and(ia)the subcontractor shall hold the
County and the Grantor Agency harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement,to the extent allowed and required by law.The
County may document in the quarterly report the Contractor's progress in pertonring its work der this
agreement.
On behalf of my firm,I acknowiedge,the grant requirements identified in this document.
Vendorn:cntractor Name EARTH TECH ENVIRONMENTAL LLC
Date 611912O2F
)4
Authorized Signature __. ..,....,__
�V�i /
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COWER COUNTY 1 Ei A 8
Certification Regarding Debarment,Suspension,and Other Responstility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knovAedge and belief,that it and its
principals:
(a)Are not presently debarred,suspended,proposed for debair, it,declared ineligible,or voluntarily
excluded from covered transactions by any Federal department or agency;
(b)Nave not ii4thin a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in iconnedico with
obtaining,attempting to obtain,or perfoming a public(Federal,State or local)transaction or contract
under a public transaction, violation of Federal or State antitrust statutes or commission of
embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,
or receiving stolen property,
(c) Are not presently indicted for or crthenvise criminally or civilly charged by a governmental entity
(Federal,State or local)with commission of any of the offenses enumerated in paragraph(IXb)of this
certificabon;and
(d) Nave not within a three-year period preceding this appic.ationfproposal had one or more public
transactions(Federal,State or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certificalicri,such prospective participant shall attach an explanation to this proposal.
DC NN R 17;0,1 4.922
Name SAM.gov Unique Entity ID(UEI)Number
PRESIDENT
Title CAGE Number
EARTH TECH ENVIRONMENTAL LLC
Firm (ETE is In process of obtaining UEI)
10600 JOLEA.AVENUE.BONITA SPRINGS,FL 34135
street Address,City,Stale,Zip
nature
OCA
16A8
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Umttifabie statuses win require the FIUME to either prcwde a revised statement or provide source doannentation that validates a
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRIME NAME PRIME FEJD NUMBER CONTRACT DOLLAR AMOUNT
Etr -real 6 u etanryert- .1,UC Se>—t'8c/gio74) P
i3TNE PIUME A KORtYM{!47W1ED DRSADYAHtAGED. ,ETEpeJq T' N 'S THE ACTIVITY Of THIS CONTRACT., �
MINORITY Oa WOMEN BUSNESSENTEAPRiSE? �? V re CONSTRUCTION? .....() N
{DBfit,1BE WBE1 DR HAVE A SMALL DISADVAHTAGTD
OUStNESS to CERTIFICATION FROM THE SMALL eUSINESS MAE? Y t CONSULTATION? F
N
ADMINISTRATION? ASERVICEDISABLEDVETERAN' WBE? t Il OTHER? N
,,
SOB 5A? Y i r
IS"CS SUBMISSION A REVISION? Y N 'f YES,REVISION NUMBER
I< IF PRIME HAS SUBCONTRACTOR OR SUPPLIER bW'1HQ IS A OISADVANTAGEL'MINORITY,WOMEN-tiA NED,SMALL
*Cf INESS CONCERN OR SERVICE DISABLE 0 VETERAN,PRIME IS TO COMPLETE TINS NEXT SECTION
DBE M/WBE ysuisccurreAme OR SUPPLIER �TTPE Of WORK DR ETHNICITY CODE SUFISUPPLIER . PERCENT OF CONTRACT 4
1 VETERAN NAME S'►ECIALTT (Seeeebul DOLLAR AMOUNT DOLLARS
1 1 ____N N j. m/ - m i s
1
TOTALS
a i
t. SECTIO'4 TO BE COMPLETED BY PRIMEVENDOR/CONTRACTOR
NAM OF SWIMMER DATE TITLE Of SLIaMr TER ,
77dvL $tl'l. r,,w�.,, Ur f)3/2O2S 'r'e. Lc,� ---
EMARADDRESS OF PRIME ISUISMFTTFRI TELEPHONE Hume%.... �c . �S►NUMBER
s�r► 04 e orIsga .Co A (wCO q3 8 -13scq 02,7) 34 q --oo 3c)
NOTE,This information is teed to track and report anbapated DC!or MBE participation in federally-funded contracts.The anticipated DBE or
MBE amount is volrettary and will not become part of the contrEcttar terms. This form must be submitted at time of response to a
solicitation If and when awarded a County overact.the crime will be asked to update the information for the gram cornolance ides.
I n a#� : ;t= ..w — '.
L_...
frspanic Amencan NA
Subccnt.Asian American....—.-,.�...SAA
+::`'.-9+"a 447--itA.+^,tl:.In€a -_.._.._ la ._......_...�
___. _N_on-Mino[rty Women NMW
,:trio.A:r ea=I,other ,avi'aSaHS__...
C1.SECTIL)N TO BE COMPLETED BY I:OLUER COUNTY
DEPARTMENT NAME ' Comfit CONTRACT Ei1FBIRF9or►O(REO; GRANT OROGRAMICON RA CT
—. « s.,.---- ..... DATE
ACCEPTED 6Y _.._... �.. .,.
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16A8
LOBS VINO CERTIFICATION
fro be Submitted with each bid or offer exceeding$10011001
li
The undersigned[Contractor]certifies„to the best of his or her knowledge,that
1.No Federal appropriated funds haw been paid ar will be paid,by or on behalf of the undersigned,to any person
for influencing a attempting to influence an officer or employee of an agency,a Member of Congress,an officer
or employee of Congress,oran errpbyee of a Member of Congress in connection with the awarding of any Federal
contract the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement,and the extension,continuation,renewal,amendment,or modification of any Federal co act grant
loan,or cooperative agreement
2.If arty funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to itttuence an officer or employee of any agency,a Member of Congress,.an officer or employee of
Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or
cooperative agreement,the undersigned shall complete and submit Standard Form-ELL,'Disclosure Form to
Report Lobbying,'in accordance with its instructions.
3.The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers(inc kaing subcontracts,subgrants,and contacts under grants,bans,and 000peratve
agreements)and that all subreciptents shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made et entered into.Submission of this Certification is a prerequisite for making or entering into this transaction
imposed by 31.U.S.C.§1352{as amended by the Lobbying Discfoshre Act of IOW)Any person who fails to file
the required certification shad be subtect to a civil penalty at not less than$10,000 and not more than$100,000
for each saedh false.
The Contractor certifies or affirms the fruitfulness and accuracy of each statement of Is certification and
disclosure,if any.in addition,the Contractor understands and agrees that the provisions of 31 U.S_C.Chap.38w
Administrative Remedies for False Claims and Statements,apply to this certification and discAnsrre,if any.
EARTH T=ECH FN 1RO'�t�'FNTr
Contractor(Film Name)
2 f......,„,,
of Contractor's Official
DONN BROWN,PRESIDENT
Name and Tate of Contractors Authorized Official
Date
1 r c-