Agenda 07/09/2013 Item #16A10 7/9/2013 16.A.10.
EXECUTIVE SUMMARY
Recommendation to award Request for Proposal (RFP) 13-6062 Annual Contract for
Landscape Maintenance Vendors and authorize the Chairwoman to sign Contracts with
Florida Land Maintenance, Inc., Hannula Landscaping and Irrigation, Inc., Leo Jr.
Landscaping and Irrigation Services,LLC and Signature Tree Care LLC.
OBJECTIVE: To maintain approximately 100 miles of median landscaping and irrigation on
County roadways. These Contracts will also be used by various operating departments for the
maintenance of landscape, irrigation, and tree service.
CONSIDERATION: Operating departments require landscaping and irrigation services for basic
monthly maintenance including, but not limited to: mowing, edging,weeding,trash removal, street
cleaning, fertilizer and insecticide application and other routine services, and quote this work for
a twelve (12) month period from companies on current Contract 0 9-5 2 3 9. This RFP was
constructed in a very similar manner, with additional specialized functions such as tree pruning
and tree maintenance, incidental replacements, staking of trees and palms and other additional
services. Generally, like its predecessor Contract, all projects will be quoted from all
awarded firms within the category identified (generally for a twelve month period).
On April 3, 2013, email notices (762) were sent by the County's Online Bidding System and forty
five (45) companies downloaded solicitation materials. On May 7, 2013, six (6) firms submitted
proposals and one (1) proposal was deemed non-responsive due to the lack of licenses required.
On May 22, 2013, the Selection Committee ranked the responsive firms. There are two
categories for award: Category I: Landscape and Irrigation Maintenance; and Category II: Tree
Service and Arborist Tree Service. By consensus of the Selection Committee, staff recommends
the following companies for an award:
Category I: Landscape and Irrigation Category II: Tree Service
Maintenance and
1. Florida Land Maintenance, Inc. Signature Tree Care, LLC
2. Hannula Landscaping and Irrigation, Inc.
3. Leo Jr. Landscaping and Irrigation Servs. LLC
In order to affect a smooth transition and to attract additional qualified contractors, staff
recommends:
• Contracts for 13-6062 Annual Contract for Landscape Maintenance Vendors be
executed with a Contract commencement date of October 1, 2013. This allows the new
Contract to be effective on an annual/fiscal year basis streamlining administrative
operations.
• Additional outreach and training events to recruit/attract landscape contractors to submit
proposals for a supplemental issued Request for Proposal.
• The authorization of use of the current Contract 09-5239 for quoted landscaping services
through the Contract extension date of 9/30/13; and, that all quoted work on "approved"
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purchase orders for Contract 09-5239 on, or prior to 9/30/13, continue until the stated end
date, or no later than 9/29/2014 as provided for in the Contract terms and conditions: "The
Contract shall be for a one (1) year period, commencing on the date of the Notice to
Proceed, and terminating one year later, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed."
Effective 10/1/2013, all new work will be quoted on the 13-6062 executed Contracts.
FISCAL IMPACT: Funds for these services shall come from each individual department
using previously identified dollars budgeted for the services under each category.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. —CMG-
GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County
Growth Management Plan.
RECOMMENDATION: That the Board awards Request for Proposal (RFP) 13-6062 Annual
Contract for Landscape Maintenance Vendors and authorizes the Chairwoman to sign standard
services Contracts on behalf of the Board, after County Attorney review to Category I:
Landscape and Irrigation Maintenance to Florida Land Maintenance, Inc. d/b/a Commercial
Land Maintenance, Hannula Landscaping and Irrigation, Inc., and Leo Jr. Landscaping and
Irrigation Services, LLC; Category II: Tree Service and Arborist Tree Service to Signature Tree
Care, LLC.
Prepared By: Liz Soriano, Project Manager, Road Maintenance Department
Attachments: (1) Final Ranking Sheet; (2) Contracts
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7/9/2013 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to award Request for Proposal (RFP) 13-6062, Annual
Contract for Landscape Maintenance Vendors, and authorize the Chairwoman to sign contracts
with four vendors: Florida Land Maintenance, Inc., Hannula Landscaping and Irrigation, Inc., Leo
Jr. Lawn and Irrigation Services, LLC and Signature Tree Care LLC.
Meeting Date: 7/9/2013
Prepared By
Name: LulichPamela
Title: Manager-Landscape Operations,Alternative Transpo
6/11/2013 9:21:52 AM
Submitted by
Title: Project Manager
Name: SorianoLiz
6/11/2013 9:21:55 AM
Approved By
Name: LulichPamela
Title: Manager-Landscape Operations,Alternative Transpo
Date: 6/11/2013 10:16:44 AM
Name: BrilhartBrenda
Title:Purchasing Agent,Purchasing&General Services
Date: 6/11/2013 4:41:43 PM
Name: VlietJohn
Title:Director-Road Maintenance,Transportation Enginee
Date: 6/12/2013 7:30:07 AM
Name: HerreraGloria
Title:Management/Budget Analyst,Transportation Administr
Date: 6/14/2013 8:16:39 AM
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7/9/2013 16.A.10.
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 6/14/2013 12:29:38 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 6/17/2013 5:22:24 PM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 6/17/2013 6:22:51 PM
Name: KearnsAllison
Date: 6/19/2013 4:44:54 PM
Name: ShueGene
Date: 6/23/2013 6:39:34 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 6/24/2013 2:49:59 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 7/1/2013 10:33:41 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 7/1/2013 11:43:33 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/1/2013 1:18:58 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 7/2/2013 9:15:09 AM
Name: OchsLeo
Title: County Manager
Date: 7/2/2013 9:56:05 AM
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7/9/2013 16.A.10.
AGREEMENT 13-6062
for
Annual Contract for Landscape Maintenance
THIS AGREEMENT is made and entered into this day of , 2013, by and between the Board
of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter
referred to as the "County" or "Owner") and Hannula Landscaping and Irrigation, Inc. authorized to do
business in the State of Florida, whose business address is 28131 Quails Nest Lane, Bonita Springs, Florida
34135 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on the date of the
Notice to Proceed, and terminating one year later, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed. This contract may
be renewed for three (3) additional one (1) year renewals, renewable annually. 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 not less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed four (4) firms to be qualified
and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete
services for Landscape Maintenance in specific categories: Category I — Landscape and Irrigation
Maintenance (Hannula Landscaping and Irrigation) and Category II — Tree Service and Arborist
Tree Services on an as-needed basis as may be required by the Owner in accordance with the terms
and conditions of RFP#13-6062 and the Contractor's proposal, which is incorporated by reference and
made an integral part of this Agreement. 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 Quotation procedure outlined in the next paragraphs and all Work
undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term
and any extension of the term of this Agreement.
Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be
performed to all the awarded firms in a specific category which will afford the Contractors the
opportunity to submit a formal quotation for the Work; the Contractors shall respond with the
information sought within the time specified by the Project Manager. The Project Manager will award
the work to the Contractor that submits the lowest responsive quote and the successful firm will receive
a Purchase Order for Work including incidentals.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and
the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant
to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any
County agency may utilize the services offered under this contract, provided sufficient funds are
included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the
Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United
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States Postal Service Department, first class mail service, postage prepaid, addressed to the following
Contractor's address of record:
Jeremy Hannula, Manager
Hannula Landscaping and Irrigation, Inc.
28131 Quails Nest Lane
Bonita Springs, FL 34135
Phone: 239-992-2210
Fax: 239-498-6818
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
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
The Contractor and the County may change the above mailing address at any time upon giving the other
party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership
between the County and the Contractor or to constitute the Contractor as an agent of the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such
permits issued by the County shall be processed internally by the County. Contractor is not responsible for
paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may
require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies
when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier
County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner
whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation
of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule
or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the
Contractor or if the County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the
Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction
of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice,
such suspension to continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the satisfaction of the
County.
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8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement
for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written
notice. The County shall be sole judge of non-performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state and federal laws. The coverage must include Employers' Liability with a
minimum limit of$1,000,000 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 he is
required to meet. The same Contractor shall provide County with certificates of insurance meeting
the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the 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.
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12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of
defective or incomplete work, outstanding punchlist items, 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 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, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense.
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 written order of Owner, and Owner shall not be liable
to the Contractor for any increased compensation without such written order. No officer, employee or
agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this
Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in
effect at the time such modifications are authorized. A Purchase Order Modification shall be issued
and executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed Purchase
Order Modifications.
15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in
accordance with the Purchasing Policy.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state
and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, workers' compensation, equal
employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida
Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify Owner in writing.
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.
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19. WARRANTY. Vendor 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 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 shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into
the Project. Contractor warrants to Owner that any materials and equipment furnished under the
Contract Documents shall be new unless otherwise specified, and that all Work shall be of good
quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants, see Exhibit A hereto attached, 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 any application, installation, connections, materials, equipment, and/or
anything erected 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.
20. 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.
21. 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.
22. 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
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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.
23. 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 Contract
Amount or an extension to the Contract Time.
24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by
the Road and Bridge Maintenance Department.
25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim,
including: Contractor's Proposal, Insurance Certificate, RFP #13-6062 any addenda, etc, made or
issued pursuant to this Agreement.
26. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No.
2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the
firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or
firm from doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
27. 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.
28. 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.
29. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is
formally acknowledging without exception or stipulation that it is fully responsible for complying with
the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324; et seq.
and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with
the laws referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
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30. 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.
31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or
resultant contract to other governmental entities at the discretion of the successful proposer.
32. 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.
33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks
by the Collier County Facilities Management Department for all employees that shall provide services
to the County under this Agreement. This may include, but not be limited to, checking federal, state
and local law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records. Contractor shall be
required to maintain records on each employee and make them available to the County for at least
four(4) years
34. 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. Statute.
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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
By: By:
Georgia A. Hiller, Esq., Chairwoman
Dated:
(Seal)
Hannula Landscaping and Irrigation, Inc.
Contractor
By:
First Witness Signature
Type/Print Witness Name Typed Signature
Second Witness Title
Type/Print Witness Name
Approved as to form and
legality:
Assistant County Attorney
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EXHIBIT A
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract
either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a
SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all
defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work
and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is
further understood that further consideration for this warranty and guaranty is the consideration given for the
requirement pursuant to the general conditions and specifications under which the contract was let that such
warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or a guaranty for the work performed under
the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95,
et seq.
DATE:
CONTRACTOR
BY:
Attest:
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AGREEMENT 13-6062
for
Annual Contract for Landscape Maintenance,
THIS AGREEMENT is made and entered into this day of , 2013, by and between the Board
of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter
referred to as the "County" or "Owner") and Florida Land Maintenance, Inc., d/b/a Commercial Land
Maintenance authorized to do business in the State of Florida, whose business address is 2980 Exchange
Avenue, Naples Florida 34104 (hereinafter referred to as the "Contractor").
WITNESS ET H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on the date of the
Notice to Proceed, and terminating one year later, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed. This contract may
be renewed for three (3) additional one (1) year renewals, renewable annually. 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 not less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed four (4) firms to be qualified
and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete
services for Landscape Maintenance in specific categories: Category I — Landscape and Irrigation
Maintenance (Commercial Land) and Category II—Tree Service and Arborist Tree Services on an
as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP
#13-6062 and the Contractor's proposal, which is incorporated by reference and made an integral part
of this Agreement. 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 Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for
Owner pursuant to this Agreement and that procedure during the term and any extension of the term of
this Agreement.
Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be
performed to all the awarded firms in a specific category which will afford the Contractors the
opportunity to submit a formal quotation for the Work; the Contractors shall respond with the
information sought within the time specified by the Project Manager. The Project Manager will award
the work to the Contractor that submits the lowest responsive quote and the successful firm will receive
a Purchase Order for Work including incidentals.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and
the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant
to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any
County agency may utilize the services offered under this contract, provided sufficient funds are
included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the
Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United
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States Postal Service Department, first class mail service, postage prepaid, addressed to the following
Contractor's address of record:
Robert Kindelan, President
Commercial Land Maintenance, d/b/a
Florida Land Maintenance
3980 Exchange Avenue
Naples, Florida 34104
Phone: 239-643-6205
Fax: 239-643-5012
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
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
The Contractor and the County may change the above mailing address at any time upon giving the other
party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership
between the County and the Contractor or to constitute the Contractor as an agent of the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such
permits issued by the County shall be processed internally by the County. Contractor is not responsible for
paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may
require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies
when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier
County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner
whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation
of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule
or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the
Contractor or if the County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the
Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction
of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice,
such suspension to continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the satisfaction of the
County.
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8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement
for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written
notice. The County shall be sole judge of non-performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state and federal laws. The coverage must include Employers' Liability with a
minimum limit of$1,000,000 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 he is
required to meet. The same Contractor shall provide County with certificates of insurance meeting
the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the 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.
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12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of
defective or incomplete work, outstanding punchlist items, 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 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, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense.
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 written order of Owner, and Owner shall not be liable
to the Contractor for any increased compensation without such written order. No officer, employee or
agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this
Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in
effect at the time such modifications are authorized. A Purchase Order Modification shall be issued
and executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed Purchase
Order Modifications.
15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in
accordance with the Purchasing Policy.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state
and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, workers' compensation, equal
employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida
Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify Owner in writing.
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.
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19. WARRANTY. Vendor 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 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 shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into
the Project. Contractor warrants to Owner that any materials and equipment furnished under the
Contract Documents shall be new unless otherwise specified, and that all Work shall be of good
quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants, see Exhibit A hereto attached, 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 any application, installation, connections, materials, equipment, and/or
anything erected 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.
20. 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.
21. 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.
22. 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
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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.
23. 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 Contract
Amount or an extension to the Contract Time.
24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by
the Road and Bridge Maintenance Department.
25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim,
including: Contractor's Proposal, Insurance Certificate, RFP #13-6062 any addenda, etc, made or
issued pursuant to this Agreement.
26. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No.
2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the
firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or
firm from doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
27. 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.
28. 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.
29. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is
formally acknowledging without exception or stipulation that it is fully responsible for complying with
the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with
the laws referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
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30. 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.
31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or
resultant contract to other governmental entities at the discretion of the successful proposer.
32. 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.
33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks
by the Collier County Facilities Management Department for all employees that shall provide services
to the County under this Agreement. This may include, but not be limited to, checking federal, state
and local law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records. Contractor shall be
required to maintain records on each employee and make them available to the County for at least
four(4) years
34. 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. Statute.
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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
By: By:
Georgia A. Hiller, Esq., Chairwoman
Dated:
(Seal)
Florida Land Maintenance, Inc.,
d/b/a Commercial Land Maintenance
Contractor
By:
First Witness Signature
Type/Print Witness Name Typed Signature
Second Witness Title
Type/Print Witness Name
Approved as to form and
legality:
Assistant County Attorney
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EXHIBIT A
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract
either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a
SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all
defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work
and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is
further understood that further consideration for this warranty and guaranty is the consideration given for the
requirement pursuant to the general conditions and specifications under which the contract was let that such
warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or a guaranty for the work performed under
the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95,
et seq.
DATE:
CONTRACTOR
BY:
Attest:
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AGREEMENT 13-6062
for
Annual Contract for Landscape Maintenance
THIS AGREEMENT is made and entered into this day of , 2013, by and between the Board
of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter
referred to as the "County" or "Owner") and Leo Jr. Lawn and Irrigation Services, LLC, authorized to do
business in the State of Florida, whose business address is 3553 Plover Avenue, Naples Florida 34117
(hereinafter referred to as the"Contractor").
WITNESSETH:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on the date of the
Notice to Proceed, and terminating one year later, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed. This contract may
be renewed for three (3) additional one (1) year renewals, renewable annually. 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 not less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed four (4) firms to be qualified
and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete
services for Landscape Maintenance in specific categories: Category I — Landscape and Irrigation
Maintenance (Leo Jr. Lawn & Irrigation Services, LLC) and Category II — Tree Service and
Arborist Tree Services on an as-needed basis as may be required by the Owner in accordance with
the terms and conditions of RFP #13-6062 and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement. 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 Quotation procedure outlined in the next paragraphs and all
Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the
term and any extension of the term of this Agreement.
Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be
performed to all the awarded firms in a specific category which will afford the Contractors the
opportunity to submit a formal quotation for the Work; the Contractors shall respond with the
information sought within the time specified by the Project Manager. The Project Manager will award
the work to the Contractor that submits the lowest responsive quote and the successful firm will receive
a Purchase Order for Work including incidentals.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and
the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant
to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any
County agency may utilize the services offered under this contract, provided sufficient funds are
included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the
Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United
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States Postal Service Department, first class mail service, postage prepaid, addressed to the following
Contractor's address of record:
Leo Jr. Lawn and Irrigation Services,LLC
ATTN: Jesus Herrera, Managing Director
3553 Plover Avenue
Naples, Florida 34117
Phone: 239-455-6904
Fax: 239-455-6951
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
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
The Contractor and the County may change the above mailing address at any time upon giving the other
party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership
between the County and the Contractor or to constitute the Contractor as an agent of the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such
permits issued by the County shall be processed internally by the County. Contractor is not responsible for
paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may
require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies
when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier
County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner
whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation
of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule
or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the
Contractor or if the County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the
Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction
of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice,
such suspension to continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the satisfaction of the
County.
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8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement
for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written
notice. The County shall be sole judge of non-performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state and federal laws. The coverage must include Employers' Liability with a
minimum limit of$1,000,000 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 he is
required to meet. The same Contractor shall provide County with certificates of insurance meeting
the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the 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.
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12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of
defective or incomplete work, outstanding punchlist items, 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 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, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense.
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 written order of Owner, and Owner shall not be liable
to the Contractor for any increased compensation without such written order. No officer, employee or
agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this
Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in
effect at the time such modifications are authorized. A Purchase Order Modification shall be issued
and executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed Purchase
Order Modifications.
15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in
accordance with the Purchasing Policy.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state
and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, workers' compensation, equal
employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida
Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify Owner in writing.
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.
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19. WARRANTY. Vendor 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 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 shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into
the Project. Contractor warrants to Owner that any materials and equipment furnished under the
Contract Documents shall be new unless otherwise specified, and that all Work shall be of good
quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants, see Exhibit A hereto attached, 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 any application, installation, connections, materials, equipment, and/or
anything erected 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.
20. 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.
21. 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.
22. 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
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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.
23. 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 Contract
Amount or an extension to the Contract Time.
24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by
the Road and Bridge Maintenance Department.
25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim,
including: Contractor's Proposal, Insurance Certificate, RFP #13-6062 any addenda, etc, made or
issued pursuant to this Agreement.
26. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No.
2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the
firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or
firm from doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
27. 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.
28. 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.
29. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is
formally acknowledging without exception or stipulation that it is fully responsible for complying with
the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with
the laws referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
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30. 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.
31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES:, Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or
resultant contract to other governmental entities at the discretion of the successful proposer.
32. 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.
33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks
by the Collier County Facilities Management Department for all employees that shall provide services
to the County under this Agreement. This may include, but not be limited to, checking federal, state
and local law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records. Contractor shall be
required to maintain records on each employee and make them available to the County for at least
four (4) years
34. 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. Statute.
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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
By: By:
Georgia A. Hiller, Esq., Chairwoman
Dated:
(Seal)
Leo Jr. Lawn and Irrigation Services, LLC
Contractor
By:
First Witness Signature
Type/Print Witness Name Typed Signature
Second Witness Title
Type/Print Witness Name
Approved as to form and
legality:
Assistant County Attorney
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EXHIBIT A
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract
either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a
SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all
defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work
and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is
further understood that further consideration for this warranty and guaranty is the consideration given for the
requirement pursuant to the general conditions and specifications under which the contract was let that such
warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or a guaranty for the work performed under
the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95,
et seq.
DATE:
CONTRACTOR
BY:
Attest:
Cq
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AGREEMENT 13-6062
for
Annual Contract for Landscape Maintenance
THIS AGREEMENT is made and entered into this day of , 2013, by and between the Board
of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter
referred to as the "County" or"Owner") and Signature Tree Care, LLC, authorized to do business in the State
of Florida, whose business address is 481 10m Avenue NE, Naples Florida 34120 (hereinafter referred to as
the "Contractor").
WITNESSETH:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on the date of the
Notice to Proceed, and terminating one year later, or until such time as all outstanding Purchase
Orders issued prior to the expiration of the Agreement period have been completed. This contract may
be renewed for three (3) additional one (1) year renewals, renewable annually. 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 not less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed four (4) firms to be qualified
and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete
services for Landscape Maintenance in specific categories: Category I — Landscape and Irrigation
Maintenance and Category II — Tree Service and Arborist Tree Services (Signature Tree Care,
LLC) on an as-needed basis as may be required by the Owner in accordance with the terms and
conditions of RFP #13-6062 and the Contractor's proposal, which is incorporated by reference and
made an integral part of this Agreement. 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 Quotation procedure outlined in the next paragraphs and all Work
undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term
and any extension of the term of this Agreement.
Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be
performed to all the awarded firms in a specific category which will afford the Contractors the
opportunity to submit a formal quotation for the Work; the Contractors shall respond with the
information sought within the time specified by the Project Manager. The Project Manager will award
the work to the Contractor that submits the lowest responsive quote and the successful firm will receive
a Purchase Order for Work including incidentals.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and
the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant
to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any
County agency may utilize the services offered under this contract, provided sufficient funds are
included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the
Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United
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States Postal Service Department, first class mail service, postage prepaid, addressed to the following
Contractor's address of record:
Signature Tree Care, LLC
ATTN: Ian Orlikoff, President
481 10th Avenue NE
Naples, FL 34120
Phone: 239-348-1330
Fax: 239-348-3133
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
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
The Contractor and the County may change the above mailing address at any time upon giving the other
party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership
between the County and the Contractor or to constitute the Contractor as an agent of the County. ,
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such
permits issued by the County shall be processed internally by the County. Contractor is not responsible for
paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may
require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies
when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier
County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner
whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation
of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule
or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the
Contractor or if the County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the
Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction
of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice,
such suspension to continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the satisfaction of the
County.
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8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement
for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written
notice. The County shall be sole judge of non-performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state and federal laws. The coverage must include Employers' Liability with a
minimum limit of$1,000,000 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 he is
required to meet. The same Contractor shall provide County with certificates of insurance meeting
the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the 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.
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12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of
defective or incomplete work, outstanding punchlist items, 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 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, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense.
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 written order of Owner, and Owner shall not be liable
to the Contractor for any increased compensation without such written order. No officer, employee or
agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this
Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in
effect at the time such modifications are authorized. A Purchase Order Modification shall be issued
and executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed Purchase
Order Modifications.
15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in
accordance with the Purchasing Policy.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state
and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, workers' compensation, equal
employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida
Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify Owner in writing.
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.
GAS,`
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19. WARRANTY. Vendor 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 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 shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into
the Project. Contractor warrants to Owner that any materials and equipment furnished under the
Contract Documents shall be new unless otherwise specified, and that all Work shall be of good
quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants, see Exhibit A hereto attached, 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 any application, installation, connections, materials, equipment, and/or
anything erected 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.
20. 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.
21. 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.
22. 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
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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.
23. 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 Contract
Amount or an extension to the Contract Time.
24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by
the Road and Bridge Maintenance Department.
25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim,
including: Contractor's Proposal, Insurance Certificate, RFP #13-6062 any addenda, etc, made or
issued pursuant to this Agreement.
26. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No.
2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the
firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or
firm from doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
27. 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.
28. 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.
29. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is
formally acknowledging without exception or stipulation that it is fully responsible for complying with
the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with
the laws referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
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30. 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.
31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or
resultant contract to other governmental entities at the discretion of the successful proposer.
32. 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.
33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks
by the Collier County Facilities Management Department for all employees that shall provide services
to the County under this Agreement. This may include, but not be limited to, checking federal, state
and local law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records. Contractor shall be
required to maintain records on each employee and make them available to the County for at least
four (4) years
34. 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. Statute.
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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
By: By:
Georgia A. Hiller, Esq., Chairwoman
Dated:
(Seal)
Signature Tree Care, LLC
Contractor
By:
First Witness Signature
Type/Print Witness Name Typed Signature
Second Witness Title
Type/Print Witness Name
Approved as to form and
legality:
Assistant County Attorney
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EXHIBIT A
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract
either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a
SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all
defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work
and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is
further understood that further consideration for this warranty and guaranty is the consideration given for the
requirement pursuant to the general conditions and specifications under which the contract was let that such
warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or a guaranty for the work performed under
the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95,
et seq.
DATE:
CONTRACTOR
BY:
Attest:
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