Agenda 07/26/2016 (In Absentia) Item #16E107/26/2016
EXECUTIVE SUMMARY
Recommendation to approve an Assumption Agreement with DWJH, LLC d/b/a Leo’s Sod, as it
relates to the award of ITB #13-6070R “Purchase and Delivery of Turf.”
OBJECTIVE: To complete the assignment of the award of Invitation to Bid (ITB) #13-6070R from the
original party, Leo’s Sod, Inc., to DWJH, LLC d/b/a Leo’s Sod as it relates to the purchase and delivery
of turf.
CONSIDERATIONS: The proposed Assumption Agreement assigns all rights, duties, benefits, and
obligations of the Vendor under the award of ITB #13-6070R “Purchase and Delivery of Turf” dated
September 10, 2013 (Agenda Item 16.A.20) and its relevant amendment from Leo’s Sod, Inc. to DWJH,
LLC d/b/a Leo’s Sod. The award of ITB #13-6070R was purchase order driven. Various County
Divisions utilize the services provided under this award to provide turf to County properties.
Leo’s Sod, Inc. was purchased by DWJH, LLC d/b/a Leo’s Sod on April 15, 2016. County staff received
written notification of the sale of the company on June 27, 2016. Staff has acquired the necessary
documents from DWJH, LLC d/b/a Leo’s Sod, which have been reviewed and approved by the County
Attorney’s Office. The Procurement Services Division is recommending approval of the assumption of
this award by the new firm DWJH, LLC d/b/a Leo’s Sod to be effective June 27, 2016 through September
9, 2016, with the option to renew for an additional one year term.
Approval of the following documents by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the
document(s) shall be enforceable against Collier County only to the extent authorized by law in the
absence of such ratification by that Board.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it
as to form and legality. Majority support is required for approval. - JAK
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to sign the proposed Assumption Agreement with DWJH, LLC d/b/a Leo’s Sod as it relates to
ITB #13-6070R “Purchase and Delivery of Turf” to be effective on June 27, 2016.
Prepared by: Brenda Brilhart, Procurement Specialist, Procurement Services Division
ATTACHMENT(S)
1. Assumption Agreement (PDF)
2. Bill of Sale (PDF)
3. [Linked] Exhibit A (PDF)
16.E.1
Packet Pg. 452
07/26/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1
Item Summary: Recommendation to approve an Assumption Agreement with DWJH, LLC
d/b/a Leo’s Sod, as it relates to the award of ITB #13-6070R “Purchase and Delivery of Turf.”
Meeting Date: 07/26/2016
Prepared by:
Title: Procurement Specialist – Procurement Services
Name: Brenda Brilhart
07/12/2016 10:27 AM
Submitted by:
Title: Interim Procurement Director – Procurement Services
Name: Allison Kearns
07/12/2016 10:27 AM
Approved By:
Review:
Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 07/12/2016 2:23 PM
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 07/14/2016 10:50 AM
Procurement Services Sandra Herrera Level 1 Purchasing Reviewer 1-4 Completed 07/19/2016 2:16 PM
Procurement Services Evelyn Colon Level 1 Purchasing Reviewer 1-4 Completed 07/19/2016 2:25 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 07/20/2016 3:58 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/26/2016 7:55 AM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 07/26/2016 9:14 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/26/2016 2:38 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/26/2016 4:14 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/26/2016 12:00 AM
16.E.1
Packet Pg. 453
16.E.1.a
Packet Pg. 454 Attachment: Assumption Agreement (1636 : Recommendation to approve an Assumption Agreement with DWJH, LLC d/b/a Leo?s Sod)
16.E.1.a
Packet Pg. 455 Attachment: Assumption Agreement (1636 : Recommendation to approve an Assumption Agreement with DWJH, LLC d/b/a Leo?s Sod)
Bill of Sale
KNOW ALL MEN BY THESE PRESENTS, that LEO'S SOD. INC.. of the County of
Collier, and State of Florida ("Seller"') for and in consideration of TEN AND NO/IOO's ($10.00)
DOLLARS, lawful money of the United States, to it paid by DWJH, LLC ("Buyer"') and for
other good and valuable considerations, the receipt of which is hereby acknowledged, grants,
bargains, sells, transfers and delivers, to Buyer, the following goods and chattels:
those certain assets of the Seller, doing business as LEO'S SOD, at 3612 Bayshore
Drive, Naples, PL 34112 (the "Business"), including all transferable permits and
licenses, and a copy of all the regularly kept business records of the Business and
the equipment and inventory of the Business as listed in the attached Schedules.
TO HAVE AND TO HOLD forever as the property of the Buyer. Seller covenants to and
with the Buyer that Seller is the lawful owner of the goods and chattels, that they are free from
all encumbrances, that Seller has the right to sell the goods and chattels, that Seller will warrant
and defend the sale of the goods and chattels to the Buyer against the lawful claims and demands
of all persons whomsoever.
I
Buyer " aud "Seller " are singular or plural ami of such gender as the conlexl recpiires.
LEO'S SOD. INC.
S TAT E O F F L O R I D A
COUNTY OF LEE
jQjVCua 0-
By: TAMARA 0. HURT. President
■fjf
The foregoing instrument was acknowledged befoi
TAMARA 0. HURT, as President of LEO'S SOD. INC., a
My CommissimJij^H^^^
MV COMMISSION « FF2327--J
day 01 April, 2016, by
SEAL
Personally Known OR Produ^d Idenli:
Type of Identification Produced
expires July 26,20^9
Bill of Sale
Page 1 of 1
Prepared by: John M. Wicker, Esq.
COSTELLO & WICKER, P.A.
(239) 939-2222 (voice) (239) 939-2280 (facsimile)
16.E.1.b
Packet Pg. 456 Attachment: Bill of Sale (1636 : Recommendation to approve an Assumption Agreement with DWJH, LLC d/b/a Leo?s Sod)
Equipment List
Trucks Type Year Mileage Est Value Loans
Ford F750 200B 58933 0
Ford F450 2014 5366 0
Ford F350 2012 19376 0
0
Autos
Toyota Prius Hybrid 2013 24000
- -0
Forklifts
Harlo H300B 1996 0
Harlo HP5000 2004 0
Harlo HP5000 2006 0
Daewoo G255 1991 0
Skidsteer
Caterpillar 252B3 2012 250 hours 0
Trailers
SE Metal Dump 2005
Emerson 16 ft 2000
• ^
Ecoline Yellow 2005
Loudo 16 ft 2007
Sod Cutter
Ryan 18 in Ryan Jr 2013
Rollers
Roller 1
Roller 2 ^ (S/2^
1r^
16.E.1.b
Packet Pg. 457 Attachment: Bill of Sale (1636 : Recommendation to approve an Assumption Agreement with DWJH, LLC
Misc. Field Supplies/Equip -
4 Traffic Barricade
1 manual Roller
air compressor
4 wheelbarrows
2 Blowers
Knife Sharpener
Misc Tools
Office Equipment
2 desks
5 chairs
Cash Register
2 Printers
File Cabinets
2 Computers
Alarm System
ice Maker
Time Clock
Small Refrig
Microwave
2 window AC units
^l,S
16.E.1.b
Packet Pg. 458 Attachment: Bill of Sale (1636 : Recommendation to approve an Assumption Agreement with DWJH, LLC