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Backup Documents 10/11/2016 Item #16A10 (Eco-Mulching, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE ■ '' F V E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR ' + Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded t, i ey f ce at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Co Li tt r! y'F '.e no Later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Risk Manaaefnent Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is a rea y com e e wan 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. Routed by Procurement Services to the Following Addressee(s) (In routing order Office Initials Date 1. Risk Risk Management 91"-- fel 11 X14, 2. County Attorney Office County Attorney Office /11/17/17 3. BCC Office Board of County Commissioners vim/ / 1 AZAV. 4. Minutes and Records Clerk of Court's Office `)nn 1112-1( 16 3.33FTO 5. Return to Procurement Services Division Procurement Services Contact: Viviana Giarimoustas 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 Viviano.Giarirnoustas for Adam Northrup Phone Number 239-252-8375 Procurement Staff Contact and Date Agenda Date Item was 10/11/2016 Agenda Item Number 1 A10 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 16-6643/Eco- number if document is Number/Company Mulching to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate.- (Initial) A licable) 1. Does the document require the chairman's original signature?c1' 1\A o - r tJ�— 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. Original document has been signed/initialed for legal sufficiency. (All documents to be VG 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 N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip„.-VG--- should lip,,'should be provided to the County Attorney Office at the time the item is input into SIRE. tj 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 the date above and all changes made VG MAW„ during the meeting have been incorporated in the attached document. The Countyi• t ” s f • Ai Attorney's Office has reviewed the changes,if applicable. L,by 9. Initials of attorney verifying that the attached document is the version approved by the i • BCC,all changes directed by the BCC have been made,and the document is ready for the g : Chairman's signature. =' I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 /' 1 6 A 1 0 MEMORANDUM Date: November 22, 2016 To: Viviana Giarimoustas, Purchasing Tech Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #16-6643 "NuisanceAbatement Services" Contractor: Eco-Mulching Services, Inc. Attached for your records is an original copy of the contract referenced above, (Item #16A10) approved by the Board of County Commissioners on October 11, 2016. The second original will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 1 6 A 1 0 AGREEMENT 16-6643 for Nuisance Abatement THIS AGREEMENT is made and entered into this 19^ day of 1\101(Q,mbp( , 2016, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Eco-Mulching Services, Inc., authorized to do business in the State of Florida, whose business address is 810 2nd St NE, Naples, FL 34120 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing on the date of Board award and terminating two (2) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Work will commence upon the issuance of a Purchase Order. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all the terms and conditions contained in this Agreement for two (2) additional, one (1) year renewals, renewable annually. 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 his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Board of County Commissioners deemed two (2) firms to be qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to provide their awarded portion of the services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of Invitation to Bid (ITB) #16-6643, Exhibit A "Scope of Work," and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. 2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work and all Work undertaken by Contractor for the Count pursuant to this Agreement during the term and any extension of the term of this Agreement. Although the primary user of this Agreement is the Code Enforcement Division, any County Division may use this Agreement provided sufficient funds are included in its budget(s). 2.2 The Contractor is the primary for the Preserve Mowing. The procedure for obtaining Work under this Agreement is as follows: Page 1 of 13 #16-6643"Nuisance Abatement" Eco-Mulching Services, Inc. I6AIU Prior to the issuance of a Purchase Order, the Project Manager, or designee shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work. Once the County has accepted the Contractor's quote a purchase order will be provided and Work can commence within seven (7) business days; unless specifically directed by the Project Manager, or designee. Should the Contractor be unable to accept the Work the Project Manager, or designee, reserves the right to use another Contractor for the services. 2.3 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or designee, in compliance with the County's Procurement Ordinance, as amended, and Procedures in effect at the time such services are authorized. 3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work awarded to them in accordance with the fee schedule in Exhibit B, attached hereto, and as further defined in Section 3.1. Price Methodology. 3.1 Price Methodology: 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 mark up). 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 not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Eco-Mulching Services, Inc. 810 2nd ST NE • Naples, FL 34120 Phone: 239-825-4321; Fax: 239-825-4321 Attn: Christina M. Parker, Vice President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Procurement Services Division 3327 East Tamiami Trail Naples, Florida 34112 Attention: Director, Procurement Services Division Phone: 239-252-8407 Fax: 239-252-6480 ` (.) Page 2 of 13 #16-6643"Nuisance Abatement" Eco-Mulching Services, Inc. 16 A 1 0 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. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform the Work in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10.INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Page 3 of 13 #16-6643"Nuisance Abatement" Eco-Mulching Services, Inc. 16A10 B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11.INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, 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 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12.PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party Page 4 of 13 �7 ® #16-6643"Nuisance Abatement" Eco-Mulching Services, Inc. 16A10 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 Agreement Amount; (e) reasonable indication that the Work will not be completed within the Agreement 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, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 13.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County's Procurement Ordinance, as amended and Procurement Procedures in effect at the time such modifications are authorized. 15.ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in accordance with the Procurement Ordinance, as amended, and Procurement Procedures. 16.COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 5 of 13 #16-6643"Nuisance Abatement" Eco-Mulching Services, Inc. lulu The Contractor must specifically comply with the Florida Public Records Law: 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. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 20. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in Page 6 of 13 #16-6643"Nuisance Abatement" t��J Eco-Mulching Services, Inc. 16A10 accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. Page 7 of 13 ova #16 E o Mulch ng Serb cies,enc' I6AIL 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Agreement Amount or an extension to the Agreement Time. 25. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Division. 26. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), Contractor's Proposal, Insurance Certificate(s), ITB #16-6643 any addenda, Exhibit A — Scope of Services, and Exhibit B — Price Schedule, made or issued pursuant to this Agreement. 27. 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. 28. 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. 29. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Page 8 of 13 #16-6643"Nuisance Abatement" Eco-Mulching Services, Inc. , 6 A 1 0 Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 31. 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. 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 33. 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. 34. 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-FMOPS a@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 35. 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- Page 9 of 13 #16-6643"Nuisance Abatement" Eco-Mulching Services, Inc. 16A10 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. 36. 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 department/division 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. ********************************* Remainder of page intentionally left blank ******************************** Page 10 of 13 #16-6643"Nuisance Abatement" Eco-Mulching Services, Inc. 1 6 A 1 0 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts 6;6 ii By: a,„ ` d`. " J--C' . By: Ai Donn Fiala, Chairman Dated: I .: .- � al (Seal.), ai Attest astoh , signature nature Ort ti Eco-Mulching Services, Inc. ),j4-A- I • By: /1-4.4,1 %Le )A4 72-1/ . Contractor First itness Signature L (4- 80NA12-1 Lt2tsr,„_,Kl Nr. 04-,eKce . Type/Print Witness Name Typed Signature � 6 Lc_ U P- Se&nd Witness Title ,_)0(30 ria Type/Print Witness Name A.prove as t rm y Legality: , i County At orney t,,,,..5, 110-6-0.4. Item# 1 Agenda �__ Date �--�3— �E' Date \,...N...itdo Rec'd` 1 .. 111- .% Deputyuty I1 Page 11 of 13 of, ` #16-6643"Nuisance Abatement" 4_ Eco-Mulching Services, Inc. 1 6 A 1 0 Exhibit A - Scope of Work Contractor shall provide the following services which include, but are not limited to: mowing, bush-hogging and litter/debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article VI, Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. These specifications are intended to provide the information by which the Contractor may understand the minimum requirements of Collier County relative to this Agreement. It is the responsibility of the Contractor to adhere to these laws and regulations. Location of Work Areas: (sizes vary from < 1/8 acre to over 2 acres) • Preserve areas of Collier County The quantity and location of the service areas listed above are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during said term, but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot owner exemptions, the County will not guarantee any number of lots for the term of this Agreement. On occasion, Collier County requires mechanical nuisance abatement within environmentally sensitive preserve areas. Specifications for the Contractor providing vegetation clearing in Collier County Preserve Areas: • Ability to achieve optimal results with minimal amount of ground disturbance by utilizing low ground pressure equipment in an appropriate manner (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 proper distance from Ecotones. • Understanding of machine ground pressures, root systems of trees and drip lines. Category 3 — Preserve Abatement Mechanical nuisance abatement 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 prior to prescribed burns. Page 12 of 13 #16-6643"Nuisance Abatement" Oda Eco-Mulching Services, Inc. 16A10 Exhibit B — Price Schedule Item Hourly Rates for Category Description Preserve Abatement (Entire County) 17 Preserve Service Truck $20.00 18 Preserve Rubber Track Loader $50.00 19 Preserve Gyro-Trac Cutter Head $30.00 20 Preserve Chain Saw Operator with Saw $20.00 Page 13 of 13 #16-6643"Nuisance Abatement" Eco-Mulching Services, Inc. 11/07/2016 NON 9t 11 FAX 12001/001 1 6 A 1 0 -----ig. ACCPR CERTIFICATE OF LIABILITY IN URANCETPAMIDO//201T TI THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED,BY THE POLICU 5 BELOW, THIS CERTIFICATE OP INSURANCE DOES NOT CONSTI'T'UTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE DR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder Is an ADDITIONAL INSURED, the pottcy(lee)must Iia endorsed. tf SUBROGATION IS WAIVED,eubject to the terms end conditions of the policy,certain policies may require an erIJIGreement, A Statement on thie certificate does not confer rights to the certificate:holder In lieu of such endonsement(e), PRODUCER CONTACT NAME; ROE AGENCY INCPt( KAX IRI ,N),Eall: (A1C,Noll 5844 TAVALIA CIRCLE#107 n _ NAPLES FL 34110 sou NAIG+N (239)563-7333 (239)593-7334 INSURER A;, FEDERATED NATIONAL 10790 INSURED ifteuRER i5: ALLSTATE 1923' ECOMULCNING SERVICES INC --— — INSURERC:�—- —- — 810 2ND ST NE Ir�eultERta: INSURER E: NAPLES , PL 34120 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WIFE TYPrOFU4SURANGE ADDLiSUBR POLICVI IJMGER OLIC HFF POLI E`L1 CI MITE IA I eseenstAL LIABILITY EACH OCCURRENCE 4$1,000,000 JCOMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES If$100,0PREMISES(Em ocaartumhhl CLAIM$ 1ADE E:j cccuri X GL-0000026'104-01 5(6/2016 5/6/2017 MED EXPAmir one parson) $$5,000 _ PERSONAL JL ADV INJURY #$1,000,000 - GENERAL ADOREffATE A$2,000,000 CEN'L AGGREGATpE LIMIT APPLIE$PCR'. PRODUCTS•COMPOP AGG :9 INCLUDED POLICY I I ERCT I I LOC --- $ AUTOJNOGLE.UABILITY i .[E4?c�IE I fINNLEL1141T 0 11000,000 B — ANY AUTO233501 5/1/2016 51112017 B�OADILYINJURY(PefperidYl I AUTOS LEO AAUTOSUCED X BODILY INJURY(Per accident) I NONMED PROPERTY DAMAGE $ _ HIRED AUTOS AUTOS accident) f , UMBRELLA LIAR CCCUR F - ;EACH OCCURRENCE $ MEM LIAR CLAIMS-MADE 'AGGREGAT.ES $ l -T RETENTION RETENTION S1..W_.._. $ MP WORKERS CIENSATION 1 m'Cr l RAID I I QFP AND EMPLOYERS'LIABILITY ANY PROPRIETOR1PARTNERIEXGCUTIVS NIA E.L.EACH ACCIDENT $ OFRIGERIMEMSER EXGLJDEBT (Mendetery In NHi E.L,DISEASE-EA EIAnOvEE $ IFye�e,deacrihe under —--'-^--- DESCRIPTION OF OPBRATIOIs'$INAow E.L.DISEASE-POLICY LIMIT A ORBORIPTION OP EIPEItAT(ONS I LOCATIONS I VEMJCL.EB (Attach ACORD 101,Add€IlertiIRenntdNe Schedule,IF mete epee he tequlre) Collier County Board of Cornmieslanera,OR Board of County Comrnieeioners in Collier County,OR Collier County Government es Additional insured for any and all work performed In Collier County LAWN SERVICES — CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITh THE POLICk-PROVISIONS. 3327 TAMIAMI TRAIL E NAPLES FL,34112 RUTI{OR(2EOREPRESENTATIVE I 0 1908-2010 ACORD CORPORATION. All rlghte reserved. ACORD 2$(2010/05) The ACORD name and logo are registered marks of ACORD { 1 6 A 1 .. . 0 �.......,41 ECOMU-1 OP ID:DB .4COR0DATE(MM/DOJYYYY) ki....----- CERTIFICATE OF LIABILITY INSURANCE 06/02/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME;_ ... ..._._.__W_.... .....,. BearWise Landscapers Division PHONEFAX Black Bear Insurance Agency (A'c NLo,,Esq 4.07-774-2327 I(ac No) 407-766 2327 270 E-0tAIWaymont Ct ,aDDREss ChentServices.BlackBearAgency.com Lake Mary,FL 32746 Martin Summers ..._.__.,......._..._INSURER(S)AFFORDING COVERAGE............... NAIC. INSURERA:FI Citrus Bus&Ind Fund INSURED Eco-Mulching Services,Inc. INSURERS _ .. .._.._.. .......... .. .. ....._..__.._ 810 2nd St NE Naples,FL 34120 INSURER C: INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' ..................TYPE OF INSURANCE ADOL!SUBIZ:...... .... POLICY NUMBER.... ._.......POLICY EFF POLICY EXP . LIMITS LTR !um;;WVD. (MMIDDPYYVY) (MMJDO/YYYY). 1 COMMERCIAL GENERAL LIABILITY ? !EACH OCCURRENCE S DAMAGE TD rtEr,IT5b .._....._.CLANS-MADE .....OCCUR ; : PREMISES(Ea,occurrencel.... S • i i i 1 MED EXP(Any one person) i S PERSONAL Si ADV INJURY 1 S i. GEN'L AGGREGATE LIMIT APPUES PER i i 1 '.GENERAL AGGREGATE S ROi POLICY I P= • ..... OCsC ,LPRODUCTS COMP/OP AGG S ...----........_.______. OTHER:. I S LIABILITY 'COMBINED,INGLE LIMIT ' (Ea accident S AUTOMOBILE • `ANY AUTO • ! BODILY INJURY(Per person) ; S __......_..............................._ ........i ALL OWNED i i SCHEDULED 1 1 ent) S ......;AUTOS ...:AUTOS ' i BODILY INJURY(Per accid • NON-OWNED i - PROPERTY DAMAGE S . HIRED AUTOS ,.._.....1 AUTOS ,(Pgr accident)...... ._......_ ................ ...._, ....... S UMBRELLA UABOCCUR i 1 EACH OCCURRENCE i S ^...{EXCESS UAB !i CLAIMS-MADE: i i AGGREGATE S __.._. _ _.... .........._..._... DED 1 1 RETENTIONS i S .WORKERS COMPENSATION PER 01 H ANO EMPLOYERS'LIABILITY __.1.t.ATLJTE...' 'ER i - .... A IANY PROPRIETOR/PARTNER/EXECUTIVE YIN I .10654821 05/21/2016 05/21/2017 E EACH ACCIDENT .S 500,000 11N/A1 I OFFICER/MEMBER EXCLUDED? F N/A. .._ ......._..._............_. ....... ......._...... ...... (Mandatory In NH) 1 EL DISEASE EA EMPLOYEE,:S 500,000 Ii yes;describe under ` E.L. ISEASE POLICY LIMIT S $ 0 !DESCRIPTION OF OPERATIONS below • • • . 00,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board ACCORDANCE WITH THE POLICY PROVISIONS. of Commissioners 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples,FL 34112-5746 netA&L.45 I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD acs ' �S (11s- lb 164' 0 ` `� BCC Meeting Date/Assigned Attorney/Item Number: J{{{(((��� Type of Contract: 1 1° ��'� Contract No: _ -ay 1 �J di Contract Checklist 54cn _ I^ �,, ��, / 16A10 � 1 Entity Name Il(,(JC `►�. &IYICA 9- Florida Department of S to Sunshine Law Requirements(as of July 1,2016) Entity correct on cont ? 119.0701 Contracts; public records.— Entity registered with Dept.of State. (a) The following statement,in substantially the following Person signing contract an officer per pt.of State? form,identifying the contact information of the public agency's custodian of public records in at least 14-point boldfaced type: IF THE CONTRACTOR H UESTIONS REGARDING THE Insurance APPLICATION OF CH ER 119,FLORIDA STATUTES,TO Insurance certificate incl d? THE CONTRACTOR DUTY TO PROVIDE PUBLIC Contract/Project t*enced on certi cat . RECORDS RELATING TO THIS CONTRACT,CONTACT THE Certificate holder BCC(MUST HA CUSTODIAN OF PUBLIC RECORDS AT (telephone number e-mail address,and mailing address) . Commercial General Lia ility / (b) A provision that requires the contractor to comply with Each Occurrence $ i l$ U S -l0-17- public records law pecifically to: Damage to Rented Premises$ ,$100 (I 1. Keep maintain public records required by the public Med Exp$ $, t agency to perform the service. 2. Upon reque rom the public agency's custodian of public Personal and Adv Inju $ $4G‘ records,provide public agency with a copy of the requested General Aggregate$iCYI $ ^N records or allow the records to be inspected or copied within a Products-COMP/OP AGG $ Qm $9- fri '--t reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Automobile Liability 3. Ensure that is records that are exempt or confidential Single Limit(each accident) $ 1 lin $ I _ _*:111-- _ and exempt fro blic records disclosure requirements are not Bodily (per $ $ disclosed excep aC s authorized by law for the duration of the injury person) contract term and following completion of the contract if the Bodily injury(per accident) $ $ contractor does not tr sfer the records to the public agency. Property damage(per accident)$ $ 4. Upon m tion of the contract,transfer,at no cost,to the public agency 1 ublic records in possession of the contractor or Umbrella Liability . keep and maintain public records required by the public agency to Each occurrence $ perform the service.If the contractor transfers all public records to Aggregate $ the public agency upon completion of the contract,the contractor shall destroy any duplicate public records that are exempt or Worker's Compensation and Employers' Liability confidential and exempt from public records disclosure WC Statutory Limits ^^,, requirements.If the contractor keeps and maintains public records Each Accident $.5002. Ot upon completion of the contract,the contractor shall meet all applicable requirements for retaining public records.All records Disease(Each employee) $ $ stored electronically must be provided to the public agency,upon Disease(Policy Limit) $ $ request from the public agency's custodian of public records,in a format that is compatible with the information technology systems Other Insurance of the public agency. Professional Liability ***Must contain this language in every contract. Each Claim $ $ Each Aggregate $ $ Signature Blocks / Person who signed contract is eligible pe t.of State? County required to be named as additionally insutlpd? Title correct and listed under signa County actually named as additionally insured? Proper number of witnesses/notat�r.? " Same witnesses on both contr . Indemnification Chairman's signature blo Indemnification included in County re u melt/ , _‘1:1 Clerk's attestation signature block Who is being indemnified in cont acCagp,o. County Attorney signature bl c Attachments 'onds Per o ance Bond? . • - • . -t - -•: - • ontract? Public Pa ent Bon. Bid Bond? -- essary, ' , of amo . ...roved) i'A• 1:1----. el Vz B. I - ***Bonds must match dollar amount exactly as BCC C. J. ev approved per Agenda Recaps. E. L. ***Risk has reviewed any contract with an insurance ....-F -It‘-____ certificate. G. N. ---------------- Revie .,a !. Initt. Date: Ff-1 r„ Detail by Entity Name Page 1 of 2 1 6 A 1 0 Florida Department of State DIVISION OF CORPORATIONS At is B V Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Florida Profit Corporation ECO-MULCHING SERVICES, INC Filing Information Document Number P11000053780 FEI/EIN Number 45-2491904 Date Filed 06/08/2011 State FL Status ACTIVE Principal Address 810 2ND ST. NE NAPLES, FL 34120 Mailing Address 810 2ND ST. NE NAPLES, FL 34120 Registered Agent Name&Address PARKER,CRISTINA M 810 2ND ST. NE NAPLES, FL 34120 Officer/Director Detail Name&Address Title P PARKER, KENNETH J 810 2ND ST. NE NAPLES, FL 34120 Title VP PARKER, CRISTINA M 810 2ND ST. NE NAPLES, FL 34120 Annual Reports Report Year Filed Date 2014 02/08/2014 2015 02/05/2015 2016 03/02/2016 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/15/2016 Detail by Entity Name Page 2 of 2 1 6 A 1 0 Document Images 03/02/2016--ANNUAL REPORT View image in PDF format 02/05/2015--ANNUAL REPORT View image in PDF format 02/08/2014--ANNUAL REPORT View image in PDF format 02/22/2013--ANNUAL REPORT View image in PDF format 02/19/2012--ANNUAL REPORT View image in PDF format 06/08/2011--Domestic Profit View image in PDF format Florida Department of State.Div.:r,.n of Corpor bars http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/15/2016