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Agenda 12/10/2013 Item #16A13 12/10/2013 16.A.13. EXECUTIVE SUMMARY Recommendation to terminate contracts under # 12-5857R for "Nuisance Abatement Services" previously awarded to FA Remodeling and Repairs, Inc. (Primary) and Oliva Enterprises, Inc. (Secondary) and to award all services to Neal's Lawn and Landscaping Maintenance, Inc. ; and to authorize the Chairwoman to execute the attached amendment. OBJECTIVE: To obtain the Board's approval to terminate contracts # 12-5857R previously awarded to FA Remodeling and Repairs, Inc. (Primary) and Oliva Enterprises, Inc. (Secondary) and to award all services under contract # 12-5857R to Neal's Lawn and Landscaping Maintenance, Inc. CONSIDERATION: On June 11, 2013, agenda item 16A2, the Board of County Commissioners awarded Bid # 12-5857R to FA Remodeling & Repairs, Inc. as the primary vendor for the north and south districts of the County for lot mowing and litter and debris removal services, Oliva Enterprises, Inc. was awarded as the secondary vendor for the north and south districts of the County for lot mowing services, and Neal's Lawn and Landscaping Maintenance, Inc. was awarded as the Secondary vendor for litter and debris removal only. The vendors were assigned abatements in geographic areas described as the north district and south district with the dividing line being Golden Gate Blvd., extending from the Gulf of Mexico to the Broward County line. If the primary vendor assigned the work was not able to perform a specific mowing assignment, staff contacted the secondary vendor and requested the work to be completed. During the months of July 1, 2013 through October 23, 2013, FA Remodeling and Repairs, Inc. rejected forty-nine (49) work requests and provided quotes in excess of the allowable contract fee schedule. In addition, the invoices received were not in accordance with Exhibit B, Fee Schedule, and had to be rejected. During the same time period, Oliva Enterprises, Inc. rejected twenty three (23)work requests. Staff met with representatives from FA Remodeling & Repairs, Inc. and Oliva Enterprises, Inc. after the award to review the terms of the contract. After a month of the services, staff noticed discrepancies on the billing which included additional fees to the contract prices that were not in accordance with the established fee schedule. Staff met with vendors along with purchasing staff on several occasions to address billing issues, as well as the failure to respond to work requests. Due to the inability to reach agreement on the resolution of these issues, staff is recommending that the contracts with FA Remodeling & Repairs, Inc. and Oliva Enterprises, Inc. be terminated by the Board for convenience. In order to meet the operational needs of the department, staff has prepared an amendment to the existing contract with Neal's Lawn and Landscaping Maintenance, Inc. to award all services for both the north and south districts. The vendor understands the nuisance abatement services contract, as he was the primary vendor in prior years and is willing to accept the additional services under the existing contract, under the pricing he submitted in the ITB for these services. Packet Page-812- 12/10/2013 16.A.13. FISCAL IMPACT: Code Enforcement anticipates roughly 1,000 abatements in the fiscal year 2013. Costs associated with nuisance abatement services are budgeted in General Fund 111 within Code Enforcement Operations. It is estimated that a combined annual amount of$60,000 will be spent on this program for the Code Enforcement Department. An additional $10,000 is anticipated to be spent by the Bayshore CRA and Parks and Recreation Departments. The Code Enforcement nuisance abatement program invoices the property owners for the services rendered, and if invoices are not paid within twenty (20) days, a lien is placed on the property. When a property is sold, costs will be recovered at that time if not paid prior to sale. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Staff has advised me that they intend to expeditiously rebid these services. With that proviso, this item is approved as to form and legality and requires a majority vote for Board approval. -JAK GROWTH MANAGEMENT IMPACT: While this item has no direct Growth Management Impact, it is consistent with the goals of the County to streamline and expedite the procurement of these required services. RECOMMENDATION: That the Board terminates contract # 12-5857R awarded to FA Remodeling and Repairs, Inc. and Oliva Enterprises, Inc. and to award all services under contract # 12-5857R to Neal's Lawn and Landscaping Maintenance, Inc, and authorizes the Chairwoman to sign the County Attorney approved amendment. Prepared By: Marlene Serrano, Manager of Operations, Code Enforcement Department, Growth Management Division, Planning and Regulation Attachments: 1)Amendment 1 2)Agreement Neal's Lawn and Landscaping Maintenance Inc. 3) Contracts for FA Remodeling and Repairs, Inc. and Oliva Enterprises, Inc. 4)Notice of Intent to Terminate-FA Remodeling and Repairs, Inc. 5)Notice of Intent to Terminate- Oliva Enterprises, Inc. Packet Page-813- 12/10/2013 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.13. Item Summary: Recommendation to terminate contracts under# 12-5857R for "Nuisance Abatement Services" previously awarded to FA Remodeling and Repairs, Inc. (Primary) and Oliva Enterprises, Inc. (Secondary) and to award all services to Neal's Lawn and Landscaping Maintenance, Inc. ; and to authorize the Chairwoman to execute the attached amendment. Meeting Date: 12/10/2013 Prepared By Approved By Name: HerreraSandra Title: Legal Assistant/Paralegal,County Attorney Date: 11/18/2013 8:28:44 AM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 11/18/2013 9:09:39 AM Name: WrightJeff Title:Assistant County Attorney,County Attorney Date: 11/18/2013 9:27:17 AM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 11/18/2013 11:23:36 AM Name: Markiewiczloanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 11/18/2013 12:57:33 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 11/19/2013 8:38:59 AM Packet Page-814- 12/10/2013 16.A.13. Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11/20/2013 2:25:40 PM Name: PepinEmily Title:Assistant County Attorney, CAO Litigation Date: 11/20/2013 2:36:12 PM Name: KlatzkowJeff Title: County Attorney Date: 11/20/2013 4:42:11 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/21/2013 4:52:40 PM Name: KlatzkowJeff Title: County Attorney Date: 11/22/2013 9:20:29 AM Name: OchsLeo Title: County Manager Date: 11/25/2013 1:27:54 PM Packet Page-815- 12/10/2013 16.A.13. EXHIBIT A-1 Contract Amendment#1 to Contract#12-5857R "Nuisance Abatement" This amendment, dated , 20 to the referenced agreement shall be by and between the parties to the original Agreement, Neal's Lawn and Landscaping Maintenance, Inc. (to be referred to as "Contractor")and Collier County,Florida,(to be referred to as"Owner"). Statement of Understanding RE: Contract# 12-5857R"Nuisance Abatement" In order to continue the services provided for in the original Agreement document referenced above, the Contractor agrees to amend the Agreement as provided herein. Note: Language deleted has been stivek-thfatigh. New language has been underlined. Change# 1: Page One of Contract#12-5857R is hereby amended as follows: AGREEMENT 12-5857R For Nuisance Abatement 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 Neal's Lawn and Landscaping Maintenance, Inc., as the Primary Seeendar ,yContractor, authorized to do business in the State of Florida, whose business address is 363 Altamont Avenue, Fort Myers, Florida 33905 (hereinafter referred to as the "Contractor"). WITNESSETH: [***] 2. STATEMENT OF WORK: The Board of County Commissioners deemed twee-firms a Primary Contractor to be qualified and awarded a Contract 4e-each-flit/II for services,as identified in Exhibit B, hereby attached and incorporated by reference. The County has divided the two (2) categories of work into two(2) districts(North and South)with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a Primary Contractor for both the North and South districts within Category 1: Mowing; and Category 2: Litter and Debris Removal. - :. - . . ... . • -, _ _--- .„ _: t:, _ _ _• _ ._ . _._ _ . . .. - . _ • • _. . - - - -' ' t--: • . Contractor. Eaeh--The awardee will enter into an Agreement to provide services for Nuisance Abatement on a Primary/Seeenbasis as may be required by the Owner in accordance with the terms and conditions of ITB #12-5857R,the Contractor's proposal, and Exhibit A, Scope of Services which are 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 obligations for all work undertaken by Note: Language deleted has been str-ue . New language has been underlined. ed. 1 Packet Page-816- CP► 12/10/2013 16.A.13. Contractor for Owner pursuant to this Agreement and during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, all work will be sent to the Primary Contractor and the Primary Contractor must respond that they accept the work within (24) twenty-four hours from the date sent to Contractor. -- ._ _. .,•_ -. .. . -: .: .. , _ - - . - . - -- - - . - - - - - . .. - - [***] Change#2: Exhibit A"Scope of Services"has been amended to read as follows: pool The County has divided the two (2) categories of work into two (2) districts (north and south) with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. 11.. _.. - . . .. _ _ . . -• . :. - - - .., _. ._ . ... . . . . .. . .. - -•. - - - • - -• - . 0.• _ . . 1; • - - • . The County has awarded a primary Contractor for both the north and south districts within Category 1: Mowing; and Category 2: Litter and Debris Removal. [***] Change # 3: Exhibit B "Fee Schedule" has been superseded and replaced in its entirety by the attached Exhibit Al-A. All other terms and conditions of the agreement shall remain in force. [The rest of this page intentionally left blank.] 2 Packet Page-817- OCP' 12/10/2013 16.A.13. IN WITNESS WHEREOF,the parties have each, respectively, by an authorized person or agent, have executed this Amendment on the date(s)indicated below. Dwight E.Brock, Clerk OWNER: BOARD OF COUNTY COMMISSIONERS BY: OF COLLIER COUNTY,FLORIDA Contractor First Witness: By: Georgia A.Hiller,Esq.,Chairwoman Date: By: Print Name CONTRACTOR: Neal's Lawn and Landscaping Maintenance, Inc. Contractor Second Witness: By: By: Date: Print Name Print Name and Title Approved as to form and legality: Assistant County Attorney 3 Packet Page-818- CP 12/10/2013 16.A.13. i "Exhibit Al-A" EXHIBIT B Fee Schedule 12-5857R Nuisance Abatement Primary Contractor s i ins v d^ 9 .f i 1' �Y a -L" `#' .',.zR�W€".-.�e�,� } tf. " „a.� d` �' Wrs k.daFa "'"jl§':..} a '1;' ,,},,e � z" t '.r r 1 �-.•. ids � p u P w ri .WS t t �"M lii� r ju.. n , u lu U' '} i' [rvP 5'n _"y"'_^1.•19 n '� s %k Index47 M Catego 7u 9h� a rij a �i ��t k M R + . Y a . ,It n � r' 4d.. �� ! I .L � Yp.&n hk. nYi,. I•. + �r ,,k444;0 n ^ dk x* �" Im..�'+�i d iN��. 4,106,4;X1 e : ^s en i ,;,°• �u+'�d ' '' '14'P ; 7 t C" r:�,i ,0e i p® �,Rpl r7...'„ ud.-4_w E� A. ! I�' �6 II5 ,d$I k.1. 1 Mowin Up to and including twenty-four(24)inches 8 high and up to one-half(.5)acres. $35.00 $35.00 Up to and including twenty-four(24)inches 2 Mowing and up to one-half(.5)to one(1)acre $40.00 $40.00 Up to and including twenty-four(24)inches 3 Mowing and from one(1)-two(2)acres $45.00 $45.00 4 Mowing Up to and including twenty-four(24)inches $35.00 $35.00 per acre(for lots greater than two(2)acres) 5 Mowing Twenty-four(24)inches and including thirty- $40.00 $40.00 Ltp six(36)inches and up to one-half(.5)acres 6 Mowing Twenty-four(24)inches and including thirty- $45.00 $45.00 six(36)inches and one-half(.5)to one(1)acre Twenty-four(24)inches and including thirty- 7 Mowing six(36)inches and from one(1)to two(2) $50.00 $50.00 acres Twenty-four(24)inches and including thirty- 8 Mowing six(36)inches per acre(for lots greater than $40.00 $40.00 two(2)acres) 9 Mowing Over thirty-six(36)inches and up to one-half $40.00 $40.00 g (.5)acre 10 Mowing Over thirty-six(36)inches and up to one-half $45.00 $45.00 8 (.5)to one(1)acre 11 Mowing Over thirty-six(36)inches per acre(for lots $40.00 $40.00 greater than one(1)acre) Additional mark-up for supplies and 12 Mowing equipment for items not identified in the 0 0 scope of work (expressed as.xx) Hourly Labor rate for additional 13 unanticipated work not outlined in the $30.00 $30.00 solicitation (i.e. hazardous waste abatement,etc.) 4 Packet Page-819- 12/10/2013 16.A.13. "Exhibit Al-A" EXHIBIT B Fee Schedule 12-5857R Nuisance Abatement Primary Contractor ��W144d` U ,� 4 i w' y a r � J 4" r ; Wy � I: t x l rid Av.-0A 7 4 y $7, Awrv' St' ae�r� 5 } 41 �" 14 i pQ nv i MI M9 h€ , 4""r1%1f G. t. 1�� . 0 R m,�1 04t44,;0!.',4. ( MZ�IWI, Litter and Debris Removal: which may include,and not be limited to abatement of Litter and Debris white goods,cars,trucks,grills,tires,scrap 1 Removal metal,or any other item large item as $18.00 $18.00 defined by the Department(inclusive of dumpster and disposal/tipping fees per cubic yard) 2 Litter and Debris Litter and Debris Removal Fill Dirt(per $20.00 $20.00 Removal cubic yard) Additional mark-up for supplies and equipment for items not identified in Litter and Debris $0.00 $0.00 the scope of work(expressed as .xx) $0' Removal plus cost over the vendor's invoice provided to the County Litter and 4 Debris Additional debris removal $350.00 Per $350.00 Per Removal Dumpster Dumpster Hourly labor rate for additional 5 unanticipated work not outlined in the $30.00 solicitation(i.e. hazardous waste $30.00 abatement,etc.) 5 CA Packet Page-820- 12/10/2013 16.A.13. AGREEMENT12-5857R for Nuisance Abatement THIS AGREEMENT is made and entered into this 11441 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 Neal's Lawn and Landscaping Maintenance, Inc. as the Secondary Contractor, authorized to do business in the State of Florida, whose business address is 363 Altamont Avenue, Fort Myers, Florida 33905 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on the date of award and terminating two (2) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated by the County. This contract shall have two (2) 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 three (3) firms to be qualified and awarded a Contract to each firm for services, as identified in Exhibit B, hereby attached and incorporated by reference. The County has divided the two (2) categories of work into two (2) districts (North and South) with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a Primary and Secondary Contractor for each of the North and South districts within Category 1: Mowing; and a different Primary and Secondary Contractor for each of the north and south districts within Category 2: Litter and Debris Removal. In this contract the County is awarding North and South districts in Category 2 to the Secondary Contractor. Each awardee will enter into an Agreement to provide services for Nuisance Abatement on a Primary/Secondary basis as may be required by the Owner in accordance with the terms and conditions of ITB #12-5857R, the Contractor's proposal, and Exhibit A, Scope of Services which are 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 obligations for all work undertaken by Contractor for Owner pursuant to this Agreement and during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, all work will be sent to the Primary Contractor weekly on Tuesday and Thursday. For work sent on Tuesday, the Primary Contractor must respond that they accept the work by end of business on Wednesday. For work sent on Thursday, the Primary Contractor must respond that they accept the work by end of business on Friday. For any work not responded to or not accepted by the Primary Contractor, the Secondary Contractor will be sent the list of jobs weekly on Monday. 1 Packet Page-821- 12/10/2013 16.A.13. 2.1 While this Agreement is intended primarily for the Collier County Code Enforcement and Facilities Management Department, any County Department may use this contract(s) provided sufficient funds are included in its budget(s). For added properties, mowing sites or services where departments other than Collier County Code Enforcement and Facilities Management Department may want to use this agreement, those services shall be priced in accordance with Exhibit B. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the work awarded to them in accordance with the fee schedule in Exhibit B. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 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 States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Neal's Lawn and Landscaping Maintenance, Inc. 363 Altamont Avenue Fort Myers, Florida 33905 Attention: Neal Tracy Phone: 239-240-4300 nealslawn @hotmail.com 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 Attention: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8975 Fax: 239-252-6480 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. 2 Packet Page-822- 12/10/2013 16.A.13. 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 Er 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. 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 $1,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. 3 cq Packet Page-823- 12/10/2013 16.A.13. 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. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective work not remedied; (b) reasonable indication that the work will not be completed within the specified time; (f) unsatisfactory prosecution of the work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to 4 GA Packet Page-824- 12/10/2013 16.A.13. Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. Ask 13. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any work under this Agreement and Contractor shall diligently pursue the completion of the work. Contractor shall be solely responsible for all means, methods, techniques, sequences, and procedures as well as coordination of all portions of the work under the Contract Documents. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 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 to the using department, an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. A modification to the Purchase Order 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 modified Purchase Orders. 15. 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. 16. CLEAN UP. Contractor agrees to keep the work sites clean at all times of debris, rubbish and waste materials. At the completion of the work, Contractor shall remove all debris, rubbish and waste materials from and about the work site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 5 Packet Page-825- ) 12/10/2013 16.A.13. 17. 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. 18. 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. 19. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons at the work site, 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 Change 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. 20. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 21 , 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, iTB #12-5857R, any addenda, Exhibits A and B, and any Purchase Order made or issued pursuant to this Agreement. 22.. 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. 6 Packet Page-826- 12/10/2013 16.A.13. 23. 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. 24. 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. 25. 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.G. 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. 26. 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. 27. 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. 28. 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. 29. 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 30. 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 7 fir.. Packet Page-827- 12/10/2013 16.A.13. submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ***************************Remainder of page intentionally left blank******************************* * 8 Packet Page-828- ��� 12/10/2013 16.A.13. 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::;,-,.... COL ' COUN FLORIDA Dwight :.Brock, cferk'-9f Courts By: � � i;A By: 1 tv.'.i_V Hiller, Esq., Chairwoman Dated .J - s Attes .s to CairI . sig .t re only. Neal's Lawn and Landscaping Maintenance, Inc. Contractor f =y: Ara First Witness ' ign.tur_ Nilrj104 f qf2 � z- / '�c ,�YP T Print Witne _ Name T ed Signature Q merle Second Witness Title Coanne \-R) mer---Witness Name Approved as to form and legal sufficiency: Assistant Coup y Attor ey 9 Packet Page-829- 12/10/2013 16.A.13. EXHIBIT A Scope of Services 12-5857 Nuisance Abatement Contractor shall provide the following services which include, but are not limited to: mowing, bush-hogging and litter/debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article VI, Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. These specifications are intended to provide the information by which Contractors may understand the minimum requirements of Collier County relative to this Agreement. It is the responsibility of the awarded contractors to adhere to these laws and regulations. Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres) • East Naples District • Golden Gate City District • Golden Gate Estates District • North Naples District • Immokalee District - Inclusive of Port of the Isles/Goodland/Copeland The quantity and location of the service areas listed above are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during said term, but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot owner exemptions, the County will not guarantee any number of lots for the term of this Agreement. The County has divided the two (2) categories of work into two (2) districts (north and south) with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a primary and secondary Contractor for each of the north and south districts within Category 1: Mowing; and a different primary and secondary Contractor for each of the north and south districts within Category 2: Litter and Debris Removal. The two (2) categories include: Mowing Category which is made up of: 1. Mandatory Work: The work is described as a public nuisance determined to exist three (3) or more times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same ownership. 2. Non-mandatory Work: The work is described as any accumulation of weeds, grass or similar non- protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on a mowable lot, in any Recorded or Unrecorded subdivision of Collier County. Litter and Debris Removal Category and includes, but, is not limited to: clean-up, removal, proper disposal of white goods, cars, trucks, grills, tires, scrap metal, or any other item large item as defined by the Department, and fill dirt if ordered. For both categories of work, the Contractor shall provide all labor (qualified personnel), material, supplies and equipment to perform required services, including but not limited to, mowing, bush-hogging and litter/trash removal in accordance with all specifications, terms and conditions specified herein and attached hereto. The County intends to use the awarded Contractors as described above for mandatory and non-mandatory mowing services, and on-call large abatement services. 1. General Requirements: in all cases, prior to each abatement operation, the Contractor shall pick up all litter and vegetative debris, and remove it from all areas to be abated, to ensure clean abatement 10 C9 Packet Page-830- 12/10/2013 16.A.13. conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to avoid bumping, girdling, and/or causing any other damage to trees, shrubs, plants, fences, and benches. The sites requiring abatement can and will be both public and private property which are under enforcement action taken by the County. Abatement is through authority provided under Ordinance and may be accompanied in some cases by Court Order which may or may not require an escort. 2. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning the nature and location of the work and the general and local conditions, and particularly, but, without limitation, with respect to the following: physical conditions at the work-site and the project area as a whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the basis for any claim for additional compensation. 3. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the term of this Agreement shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. 4. Photograph Requirements: All photographs shall be time and date stamped. The before photo showing the violation prior to Contractor abatement, and the after photo showing the site immediately after Contractor abatement. Photos must be in color and submitted in electronic format to the designated County representative within seven (7) days of abatement. As the photographs may be used as evidence, the Contractor shall retain originals of said photographs either until payment is received by the County or until such a time as deemed appropriate by any other government authority as required by law. 5. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to complete the jobs, who is familiar with the terms and conditions of the contract and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Agreement. If the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and shall assign a new Supervisor within seven (7) calendar days of the County's notification. All communication, written or oral, shall be solely in the English language. 6. Contractor Equipment: The Contractor shall provide all equipment to perform requested services, including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain saws, bush-hogging equipment, etc. The Contractor shall keep all blades sharpened to provide a smooth, clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written approval has been granted by County representative(s) in writing. 7. Mowing: The Contractor shall mow at the interval identified in the individual abatement request, unless otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the County's Mandatory Lot Mowing Program which may require mowing bi-weekly during certain periods of heavy growth (May 1 through October 31), and monthly mowing from November 15t through April 30th unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditions for the Contractor. 8. Scheduling Services: The Contractor shall have seven (7) calendar days from the date of notice to proceed to complete work related to the abatement, unless otherwise directed in writing, or unless specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure the safety of all citizens and animals on and around subject property during abatement operations. 9. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless preempted by scheduled activities. 11 Packet Page-831- 12/10/2013 16.A.13. ID. Reports and Invoicing: The Contractor shall complete and submit with the invoice for payment, the form(s) provided to the Contractor with before and after photos - date and time stamped. The Contractor will also be required to conduct on-site inspections with Code Enforcement or County's Representative on an as needed basis to verify satisfactory completion of Contract requirements. 11. Equipment Required for Services: • Tractor w/ 60" bush hog or greater (optional, however, must have access as needed) • Professional/Commercial Grade Riding Mower • Hand pushed mower(s) • Weed eater(s) • Power Blower(s) • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This could be anything from garbage to appliances, furniture, tires, junk cars or other large items. • Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safely perform the job in an efficient and timely manner. • Any other items necessary to accomplish the task. 12. Property Owner Complaint Process: For the purpose of reporting complaints, the Contractor shall contact the County's Project Manager with any complaints at (239) 252-2329. The Contractor will contact the Code Enforcement representative to notify County personnel of any complaints received within twenty-four (24) hours. If directed by the Project Manager, the Contractor shall address all complaints within five (5) working days of notification of knowledge of the incident. Damages not responded to or not resolved to the reasonable satisfaction of the County, shall be deducted from the Contractor's invoice. The County is to receive copies of all complaints received (in writing) and, if applicable, have a record of their disposition/resolution. 13. Specifications a. Mowing: Assignment of job sites may require a one-time mowing or a continuous cycle of bi-weekly during the period from May 1st through October 31st, or monthly during the period from November 1st through April 30th. Mowing shall include all specified areas of the properties that are not currently maintained by the property owners, or as indicated on the Code Enforcement request. Swales and dry retention areas must be mowed-prior to authorizing a vendor to enact the County's Mandatory Lot Mowing Program, the Contractor will be asked to make a site visit and confirm the property size and frequency with the assigned Code Enforcement investigator. Grass shall be cut at a height no less than three inches (3"). The frequency of cutting will be determined by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to palm fronds, leaves, branches, etc.) shall be mulched or removed by the contractor. b. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. c. Blowing: All sidewalks, curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean. No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. 12 Cg Packet Page-832- 12/10/2013 16.A.13. d. Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned by removing all trash and debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping fees or charges are to be included in the base cost of these services. e. Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of large items such as appliances, furniture, tires, junk cars or other large items are part of this Agreement and shall be priced in accordance with Exhibit B. *********** 13 Packet Page-833- 12/10/2013 16.A.13. EXHIBIT B Fee Schedule 12-5857R Nuisance Abatement Secondary Contractor NORTH DISTRICT SOUTH index Category 2 Description DISTRICT County Price County Price Litter and Debris Removal: which may include, and not be limited to abatement Litter and of white goods, cars, trucks, grills, tires, 1 Debris scrap metal, or any other item large item $18.00 $18.00 Removal as defined by the Department(inclusive of dumpster and disposal/tipping fees per cubic yard) Litter and Litter and 2 Debris cubic yard) $20.00 Removal Fill Dirt(per $20.00 $20.00 Removal Additional mark-up for supplies and I j Litter and equipment for items not identified in $0 00 $0.00 3 Debris the scope of work (expressed as.xx) Removal plus cost over the vendor's invoice provided to the County Litter and $350.00 Per $350.00 Per 4 Debris Additional debris removal Dumpster Dumpster Removal Hourly labor rate for additional unanticipated work not outlined in the S $30.00 $30.00 solicitation (i.e. hazardous waste abatement, etc.) 14 Packet Page-834- CO -4 a CE6 TIFICATE OF LIABILITY II INSURANCE RANCE 12/10/2013 16.A.13. i vW«.,,« PRODUCER Carolyn Rummel Agency THIS CERTIFICATE IS ISSUED AS A MATTER.OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3970 State Road 64 East HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Bradenton,FL 34208 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone(941)748-8555 Fax (941)748-8553 INSURERS AFFORDING COVERAGE HNC* INSURER Western World ins.Co. INSURED Nees Lawn and Landscaping Maintenance, Inc. INSURER 8: 1 363 Atiamont Ave INSURER Q Fort Myers, FL 33905 INSURER D: C(239)677-7998 INSURER E COVERAGES INSURER F: THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF MAY PERTAIN.THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ROA INA SRD TYPE OF INSURANCE POLICY NUMBER , POLICY pamoorrY)EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE 1000000 ©COMMERCIAL GENERAL LIABILITY NPp8075342 08/16!12 08116/13 PREMISES( ) 100000 ❑❑ CLAIMS MADE ® OCCUR IVIED EXP(Any one person) 5000 A ❑ ❑ PERSONAL&ADV INJURY 1000000 GENERAL AGGREGATE 2000000 PRODUCTS-COMP/DP AGG 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: _ _ ❑ POLICY ❑PROJECT ❑ LOC AUTOMOBILE LIABILITY COMBINED SINGLE UNIT ❑ ANY AUTO (Ea accident) ❑ ALL OWNED AUTOS BODILY INJURY ❑ ❑ SCHEDULED AUTOS (Per person) ❑ HIRED AUTOS BODILY INJURY ❑ NON OWNED AUTOS (Per accident) ❑ PROPERTY DAMAGE I n (Per accident) GARAGE IJABILITY AUTO ONLY-EA ACCIDENT .., ❑ ❑ ANY AUTO OTHER THAN EA ACC . n AUTO ONLY: AGG EXCFSR/UNIBRF!r a LIABILITY EACH OCCURRENCE ❑ OCCUR El CLAIMS MADE AGGREGATE ❑ DEDUCTIBLE ❑ RETENTION $ WORKERS COMPENSATION AND _ KE ❑ WC STATU- ❑ OTH- EMPLOYERS'LIABILITY TORY OMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT OFFICER t MEMBER EXCLUDED? EL.DISEASE-EA EMPLOYEE IT yes,describe under SPECIAL PROVISIONS beloer . EL DISEASE-POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS !Collier County Named as:Additional insured Contra #52-5857 Contact:Nuisance Abatement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED D BEFORE TIE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL Collier County Board of County Commissioners 30 DAYS WRITTEN NDT TO THE CERTIFICATE HOLDER NAMED TO 2800 N Horsehoe Dr THE LEFT,BUT FAILURE TO DO SO SHALLIMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES, Naples,FL 34104 AUTHORS REPRESENTATIVE Fax#239-252-6480 ACORD 25(2081108)CIF @ ACORD CORPORATION 1988 Packet Page -835- -, 1r 12/10/2013 16.A.13. `-.---✓ CERTIFICATE OF LIABILITY INSURANCE I 09!10112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES r3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED =PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ..(PORTANT: If the certificate holder is an ADDITIONAL INSURED,the palicy(ies)must be endorsed- If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PF'.ODUCER ' CONTACT NAME: Fed USA#1549 (AIC.No. ): (239)337-7755 (Fare,NO (239)277-0045 i 3707 Cleveland Avenue 1 ADDRESS: fedusaftmyers @netscape.net Fort Myers, FL 33901 INSURER(S)AFFORDING COVERAGE NAIC# Phone (239)337-7755 Fax (239)277-0045 INSURER A: PROGRESSIVE INSURANCE INSURED INSURER B: Neal,Tracy/Nears lawn&landscaping maintenance,Inc INSURER C: 363 altamonte ave. INSURER D: INSURER E: ft myers, FL 33905 (239)240-4300 • -1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE IINSR I W yp POLICY NUMBER IfMMIDD!!YYYYY)I EXP LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ I _ , 1 DAMAGE TO RENTED i._., COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) I S 1 iJ 11 CLAIMS-MADE O OCCUR MED EXP(Any one person I S L_J j PERSONAL.&ADV INJURY I $ i FT i GENERAL AGGREGATE $ — — GE ML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ ' FT POLICY J 0. D LOC S I AUTOMOBILE LIABILITY ! COMBINED SINGLE LIMIT S 1.000,000.08 11 I (Ea accident) I f ANY AUTO BODILY INJURY(Per person) S _J ALL OWNED SCHEDULED 01829615-0 BODILY INJURY(Per accident) $ AUTOS n AUTOS 09110/2012 09/12/2013 PROPERTY DAMAGE H HIRED AUTOS AUTOS (Per(Per accident) ( $ ij _ PIP I $ 10,000.00 • ,! UMBRELLA LIAB 0 OCCUR I EACH OCCURRENCE S 1 ] EXCESS!JAB 0 CLAIMS-MADE AGGREGATE '.. S I1 DED ❑ RETENTION I 5 WORKERS COMPENSATION (—1 WC STATU- r—i OTH-' i AND EMPLOYERS' iJ TORY LIMITS LL ER LIABILITY y(N � ANY PROPRIETORIPARTNER/EXECUTIVE I EL.EACH ACCIDENT I $ 1 OFFICERIMEMBER EXCLUDED? N(A (Mandatory in NH) EL DISEASE-EA EMPLOYE' S I If Lies,describe under l l i D-SCRIPT1ON OF OPERATIONS below I EL DISEASE•POLICY OMIT $ j i I . DESCRIPTION OF OPERATIONS;LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) — i I l I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS I THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2800 N HORSEHOE DR NAPLES,FL 34104 I AUTHORIZED REPRESENTATIVE FAX#239-252-6480 DAVID E WILCOX ©1985-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105)OF The ACO{ name and logo are registered marks of ACORD Packet Page-836- : L et 12/10/2013 16.A.13. 1.x Lam , : JEFF ATWA T ER CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION "CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW" CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE: 5/9/2013 EXPIRATION DATE: 5/9120/15 PERSON: NEAL TRACY L FEIN: 462721551 BUSINESS NAME AND ADDRESS: NEALS LAWN&LANDSCAPINt 353 ALTAMONT AVE FORT MYERS FL 33905 SCOPES OF BUSINESS OR TRADE: LANDSCAPE GARDENING &DRIVERS Pursuant to Chapter 440.05(14).F.S.,an officer of a corporaifon who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S.,Certificates of election to be exempt...apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Cnapter 440.05(13),F.S.,Notices of election to be exempt and certtffcates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shah revoKe a cent irate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 07-12 QUESTIONS?(850)413-1609 Packet Page-837- 12/10/2013 16.A.13. Cfolaer County Adrr>tnist,ative Services Division Purchasing Contract Administration, 3327 Tamiami Trail East,Naples,FL 34112 Tel:(239)252-8407 VIA: olivaenterprises(a?aol.com and U.S. Mail November 8, 2013 Oliva Enterprises, Inc. Attn.: Carlos Oliva 1911 47th Avenue Northeast Naples, Florida 34120 Re: Contract# 12-5857R "Nuisance Abatement" Notice of Intent to Terminate Dear Mr. Oliva: As per the provisions of Section 8 of the above referenced contract, you are hereby notified that the County considers your failure to perform the services a condition that is endangering performance of the contract. During the months of July 1, 2013 through October 23, 2013, you have rejected twenty-three (23) work requests. Therefore, the County intends to terminate the contract for convenience under the Section 8 Termination clause. This letter will serve as the required thirty (30) days notice. Should you have any further questions, please contact me. Sincerely, Kelsey Ward Contracts Administration Manager Cc: Jeff Wright, Director, Code Enforcement Marlene Serrano, Manager, Code Enforcement Operations Joanne Markiewicz, Director, Purchasing & General Services Packet Page-838- 12/10/2013 16.A.13. Go ier County AdmInistative Services Division Purchasing Contract Administration, 3327 Tamiami Trail East,Naples,FL 34112 Tel: (239)252-6407 VIA: faremodelinq(a?gmail.com and U.S. Mail November 8, 2013 FA Remodeling and Repairs, Inc. Attn.: Carla Alvear 8244 Key Royal Circle, Unit 636 Naples, Florida 34119 Re: Contract# 12-5857R "Nuisance Abatement" Notice of Intent to Terminate Dear Ms. Alvear: As per the provisions of Section 8 of the above referenced contract, you are hereby notified that the County considers your failure to perform the services a condition that is endangering performance of the contract. During the months of July 1, 2013 through October 23, 2013, you have rejected forty-nine (49) work requests and provided quotes in excess of the allowable contract fee schedule. Secondly, your invoices are not in accordance with Exhibit B, Fee Schedule. Therefore, the County intends to terminate the contract for convenience under the Section 8 Termination clause. This letter will serve as the required thirty (30) days notice. Should you have any further questions, please contact me. Sincerely,ly_ Kelsey Ward Contracts Administration Manager Cc: Jeff Wright, Director, Code Enforcement Marlene Serrano, Manager, Code Enforcement Operations Joanne Markiewicz, Director, Purchasing & General Services Packet Page-839- 12/10/2013 16.A.13. AGREEMENT12-5857R for Nuisance Abatement THIS AGREEMENT is made and entered into this Y; day of :. ;,.1 ,.; , , 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 FA Remodeling and Repairs, Inc. as the Primary Contractor, authorized to do business in the State of Florida, whose business address is 8244 Key Royal Circle, Unit 636 Naples, Florida 34119 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on the date of award and terminating two (2) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated by the County. This contract shall have two (2) 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 three (3) firms to be qualified and awarded a Contract to each firm for services, as identified in Exhibit B, hereby attached and incorporated by reference. The County has divided the two (2) categories of work into two (2) districts (North and South) with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a Primary and Secondary Contractor for each of the North and South districts within Category 1: Mowing; and a different Primary and Secondary Contractor for each of the north and south districts within Category 2: Litter and Debris Removal. In this contract the County is awarding both North and South districts and Categories 1 and 2 to one (1) Primary Contractor. Each awardee will enter into an Agreement to provide services for Nuisance Abatement on a Primary/Secondary basis as may be required by the Owner in accordance with the terms and conditions of ITB #12-5857R, the Contractor's proposal, and Exhibit A, Scope of Services which are 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 obligations for all work undertaken by Contractor for Owner pursuant to this Agreement and during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, all work will be sent to the Primary Contractor weekly on Tuesday and Thursday. For work sent on Tuesday, the Primary Contractor must respond that they accept the work by end of business on Wednesday. For work sent on Thursday, the Primary Contractor must respond that they accept the work by end of business on Friday. For any work not responded to or not accepted by the Primary Contractor, the Secondary Contractor will be sent the list of jobs weekly on Monday. 1 Packet Page -840- 12/10/2013 16.A.13. 2.1 While this Agreement is intended primarily for the Collier County Code Enforcement and Facilities Management Department, any County Department may use this contract(s) provided sufficient funds are included in its budget(s). For added properties, mowing sites or services where departments other than Collier County Code Enforcement and Facilities Management Department may want to use this agreement, those services shall be priced in accordance with Exhibit B. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the work awarded to them in accordance with the fee schedule in Exhibit B. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 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 States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: FA Remodeling and Repairs, Inc. 8244 Key Royal Circle, Unit 636 Naples, Florida 34119 Attention: Carla Alvear Phone: 239-601-0122 Fax: 239-354-8089 famodelinc aamail.corn 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 Attention: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8975 Fax: 239-252-6480 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. 2 Packet Page-841- 12/10/2013 16.A.13. 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. 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 $1,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. 3 Packet Page-842- 12/10/2013 16.A.13. 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. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective work not remedied; (b) reasonable indication that the work will not be completed within the specified time; (f) unsatisfactory prosecution of the work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to 4 C,q Packet Page-843- 12/10/2013 16.A.13. Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 13. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any work under this Agreement and Contractor shall diligently pursue the completion of the work. Contractor shall be solely responsible for all means, methods, techniques, sequences, and procedures as well as coordination of all portions of the work under the Contract Documents. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 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 to the using department, an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. A modification to the Purchase Order 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 modified Purchase Orders. 15. 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. 16. CLEAN UP. Contractor agrees to keep the work sites clean at all times of debris, rubbish and waste materials. At the completion of the work, Contractor shall remove all debris, rubbish and waste materials from and about the work site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 5 Packet Page-844- 12/10/2013 16.A.13. 17. 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. 18. 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. 19. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons at the work site, 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 Change 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. 20. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 21. 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, ITB #12-5857R, any addenda, Exhibits A and B, and any Purchase Order made or issued pursuant to this Agreement. 22. 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. 6 cq Packet Page-845- 12/10/2013 16.A.13. 23.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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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 30. 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 7 Packet Page-846- 12/10/2013 16.A.13. submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of.this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ***************************Remainder of page intentionally left blank********************************* 8 Packet Page -847- 12/10/2013 16.A.13. 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/OMMISSIONERS ATTEST: COLLIER p$0TY, LORIDA Dwight E. Brock, Clerk of Courts 1 / ti By: C By: Georgij 4fiUer, Esq.. Chairwoman Dated: Attest OroctlakFlait's. signature only FA Remodeling and Repairs, Inc. Contractor WA( By: Ft St Witness Signature .F'eAire4 D 41eCti &Ct *Pali TypeiPrint VVitness Name Typed Signa ure ViCe-RS3CM (167,11.!L r:15 Second Witness Title Type/Print Witness Name Approved as to form and (1.‘4 Assistant Cotanty Attorney 9 Packet Page-848- 12/10/2013 16.A.13. EXHIBIT A Scope of Services 12-5857 Nuisance Abatement Contractor shall provide the following services which include, but are not limited to: mowing, bush-hogging and litter/debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article VI, Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. These specifications are intended to provide the information by which Contractors may understand the minimum requirements of Collier County relative to this Agreement. It is the responsibility of the awarded contractors to adhere to these laws and regulations. Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres) • East Naples District • Golden Gate City District • Golden Gate Estates District • North Naples District • immokalee District- Inclusive of Port of the Isles/Goodland/Copeland The quantity and location of the service areas listed above are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during said term, but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot owner exemptions, the County will not guarantee any number of lots for the term of this Agreement. The County has divided the two(2) categories of work into two (2) districts (north and south)with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a primary and secondary Contractor for each of the north and south districts within Category 1: Mowing; and a different primary and secondary Contractor for each of the north and south districts within Category 2: Litter and Debris Removal. The two (2) categories include: Mowing Category which is made up of: 1. Mandatory Work: The work is described as a public nuisance determined to exist three (3) or more times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same ownership. 2. Non-mandatory Work: The work is described as any accumulation of weeds, grass or similar non- protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on a mowable lot, in any Recorded or Unrecorded subdivision of Collier County. Litter and Debris Removal Category and includes, but, is not limited to: clean-up, removal, proper disposal of white goods, cars, trucks, grills, tires, scrap metal, or any other item large item as defined by the Department, and fill dirt if ordered. For both categories of work, the Contractor shall provide all labor (qualified personnel), material, supplies and equipment to perform required services, including but not limited to, mowing, bush-hogging and litter/trash removal in accordance with all specifications, terms and conditions specified herein and attached hereto. The County intends to use the awarded Contractors as described above for mandatory and non-mandatory mowing services, and on-call large abatement services. 1. General Requirements: In all cases, prior to each abatement operation, the Contractor shall pick up all litter and vegetative debris, and remove it from all areas to be abated, to ensure clean abatement 10 Packet Page-849- 12/10/2013 16.A.13. conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to avoid bumping, girdling, and/or causing any other damage to trees, shrubs, plants, fences, and benches. The sites requiring abatement can and will be both public and private property which are under enforcement action taken by the County. Abatement is through authority provided under Ordinance and may be accompanied in some cases by Court Order which may or may not require an escort. 2. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning the nature and location of the work and the general and local conditions, and particularly, but, without limitation, with respect to the following: physical conditions at the work-site and the project area as a whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the basis for any claim for additional compensation. 3. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the term of this Agreement shall be mowed with twenty-one inch (21° +1-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. 4. Photograph Requirements: All photographs shall be time and date stamped. The before photo showing the violation prior to Contractor abatement, and the after photo showing the site immediately after Contractor abatement. Photos must be in color and submitted in electronic format to the designated County representative within seven (7) days of abatement. As the photographs may be used as evidence, the Contractor shall retain originals of said photographs either until payment is received by the County or until such a time as deemed appropriate by any other government authority as required by law. 5. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to complete the jobs,who is familiar with the terms and conditions of the contract and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Agreement. If the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and shall assign a new Supervisor within seven (7) calendar days of the County's notification. All communication, written or oral, shall be solely in the English language. 6. Contractor Equipment: The Contractor shall provide all equipment to perform requested services, including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain saws, bush-hogging equipment, etc. The Contractor shall keep all blades sharpened to provide a smooth, clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written approval has been granted by County representative(s) in writing. 7. Mowing: The Contractor shall mow at the interval identified in the individual abatement request, unless otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the County's Mandatory Lot Mowing Program which may require mowing bi-weekly during certain periods of heavy growth (May 1 through October 31), and monthly mowing from November 1st through April 30th, unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditions for the Contractor. 8. Scheduling Services:, The Contractor shall have seven (7) calendar days from the date of notice to proceed to complete work related to the abatement, unless otherwise directed in writing, or unless specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure the safety of all citizens and animals on and around subject property during abatement operations. 9. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless preempted by scheduled activities. 11 CAE Packet Page-850- 12/10/2013 16.A.13. 10. Reports and invoicing: The Contractor shall complete and submit with the invoice for payment, the form(s) provided to the Contractor with before and after photos-date and time stamped. The Contractor will also be required to conduct on-site inspections with Code Enforcement or County's Representative on an as needed basis to verify satisfactory completion of Contract requirements. 11. Equipment Required for Services: • Tractor w/60" bush hog or greater(optional, however, must have access as needed) • Professional/Commercial Grade Riding Mower • Hand pushed mower(s) • Weed eater(s) • Power Blower(s) • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This could be anything from garbage to appliances, furniture, tires,junk cars or other large items. • Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safely perform the job in an efficient and timely manner. • Any other items necessary to accomplish the task. 12. Property Owner Complaint Process: For the purpose of reporting complaints, the Contractor shall contact the County's Project Manager with any complaints at(239) 252-2329. The Contractor will contact the Code Enforcement representative to notify County personnel of any complaints received within twenty-four (24) hours, If directed by the Project Manager, the Contractor shall address all complaints within five (5)working days of notification of knowledge of the incident. Damages not responded to or not resolved to the reasonable satisfaction of the County, shall be deducted from the Contractor's invoice. The County is to receive copies of all complaints received (in writing) and, if applicable, have a record of their disposition/resolution. 13. Specifications a. Mowing: Assignment of job sites may require a one-time mowing or a continuous cycle of bi-weekly during the period from May 1s` through October 31 8', or monthly during the period from November 18t through April 30"'. Mowing shall include all specified areas of the properties that are not currently maintained by the property owners, or as indicated on the Code Enforcement request. Swales and dry retention areas must be mowed-prior to authorizing a vendor to enact the County's Mandatory Lot Mowing Program, the Contractor will be asked to make a site visit and confirm the property size and frequency with the assigned Code Enforcement Investigator. Grass shall be cut at a height no less than three inches (3"). The frequency of cutting will be determined by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to palm fronds, leaves, branches, etc.) shall be mulched or removed by the contractor. b. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. c. Blowing: All sidewalks, curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean. No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. 12 (CD Packet Page-851- 12/10/2013 16.A.13. d. Trash and Vegetative Debris Removal:With each service, all site areas shall be cleaned by removing all trash and debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping fees or charges are to be included in the base cost of these services. e. Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of large items such as appliances, furniture,tires, junk cars or other large items are part of this Agreement and shall be priced in accordance with Exhibit B. 13 cq Packet Page-852- 12/10/2013 16.A.13. EXHIBIT B Fee Schedule 12-5857R Nuisance Abatement Primary Contractor �: x r r w r, vk ' ty: Y' ✓'; '4 irx v+.. 4 'a k'*r"1 IsORTh ti�srrn r ,n S .- t ..� /� i f✓' 6 ?,,,lc.,l:f r'- 'r Y Pf55�' _2r f ,-,, t r 4a" P :7/ +i• Index Category t.. De ption f ti aunty Pr Per 1 r r Py rae a _, fit Ir f r `y"�r.�' z; S,r. [b�,�. `w � ,, ''C r✓. ,v �„d•,e`b P'."X `rye barrie4 . �xt .yV 't Up to and including twenty-four(24) 1 Mowing inches high and up to one-half(.5) $30.00 $30.00 acres. Up to and including twenty-four(24) 2 ! Mowing inches and up to one-half(.5)to one(1) $30.00 $30.00 acre 3 Mowing Up to and including twenty-four(24) $35.00 $35.00 inches and from one(1)—two(2) acres Up to and including twenty-four(24) 4 Mowing I inches per acre(for lots greater than two $35.00 $35.00 (2)acres) Twenty-four(24) inches and including 5 Mowing thirty-six(36)inches and up to one-half $40.00 $40.00 (.5)acres Twenty-four(24)inches and including 6 Mowing thirty-six(36)inches and one-half(.5)to $40.00 $40.00 1 one(1)acre Twenty-four(24)inches and including 7 Mowing thirty-six(36)inches and from one (1)to $45.00 $45.00 two(2)acres Twenty-four(24) inches and including 8 Mowing thirty-six(36) inches per acre(for lots $45.00 $45.00 greater than two(2) acres) Over thirty-six(36)inches and up to + 9 Mowing I one-half(.5)acre $35.00 $35.00 Over thirty-six(36) inches and up to 10 Mowing one-half(.5)to one(1)acre $40.00 $40.00 Over thirty-six(36)inches per acre(for $35.00 $35.00 11 f Mowing cats greater than one (1) acre) Additional mark-up for supplies and 13 Mowing equipment for items not identified in N/A N/A the scope of work(expressed as.xx) ( I Labor rate for additional unanticipated 14 work not outlined in the solicitation(i.e. $17.00 $17.00 { hazardous waste abatement,etc.) 14 + Packet Page-853- 12/10/2013 16.A.13. EXHIBIT B Fee Schedule 12-5857R Nuisance Abatement Primary Contractor index; Category 2 d crlp �t '' x ' COUtltlt Pr%ce Litter and Debris Removal: which may include, and not be limited to abatement Litter and of white goods, cars, trucks, grills, tires, 1 Debris scrap metal, or any other item large item I $15.00 $15.00 Removal as defined by the Department(inclusive of dumpster and disposaiftipping fees per cubic yard) Litter and 2 Debris Litter and Debris Removal Fill Dirt(per $18.00 $18.00 cubic yard) Removal Additional mark-up for supplies and Litter and equipment for items not identified in 3 Debris the scope of work(expressed as.xx) 0.00 0.00 Removal I plus cost over the vendor's invoice provided to the County Hourly labor rate for additional 4 unanticipated work not outlined in the $17.00 $17.00 solicitation (i.e. hazardous waste abatement,etc.) 15 Packet Page-854- 12/10/2013 16.A.13. ACCORD CERTIFICATE OF LIABILITY INSURANCE 1 DATE 0rITYY) 05/07/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: New certificate holder Is an ADDITIONAL INSURED,the policy(es)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ROGER BOHORQUEZ Alberto Insurance PHONE F.. (954)990-7620 FFANor. (954) 7592 7169 W Oakland park Blvd. ERAIL,gs. alberto@albertoinsurance.aom Lauderhill,FL 33313 INSURERS)AFFORDING COVERAGE NAIC e Phone (954)990-7620 Fax (954)990.7592 INSURER A: PROGRESSIVEAMERICAN INSURANCE INSURED INSURER B: FA REMODELING&REPAIRS mum C: 8244 KEY ROYAL CIR INSURER D: INSURER E NAPLES,FL 34119 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IINTR TYPE Of INSURANCE ADOLSUHR POLICY EFF POUCY EXP JNSR MD POUCY NUMBER 011IIDDIYYYY) {MMIDOITYYY) UMR8 GENERAL LIABLITY EACH OCCURRENCE S oAmAGE TO RENTED ❑ COMMERCIAL GENERAL LIABILITY PRENSES(Es occurrence) $ ❑ IM ❑ CLAIMS-MADE ❑ OCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY S ❑ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ ❑POLICY ❑ri 4 ❑ LOC S AUTOMOBILE L o SINGLE LIMIT S 1.000,000.00 ❑ ANY AUTO BODILY INJURY(Per person} S A ❑ AUTOS NED SCHEDULED Y 01677101-0 06/14/2012 06/14/2013 BODILY INJURY(Per accident) S ❑ HIRED AUTOS ❑ ,NNOO WNED PROPERTY DAMAGE $OS (Per accident) ❑ ❑ S ❑ UMBRELLA use ❑OCCUR EACH OCCURRENCE S ❑ EXCESS LAB ❑CLAIMS-MADE AGGREGATE _ S ❑ DED ❑ RETENTION$ S WORKERS COMPENSATION ❑WC FLIT ❑ER OTH- AND EMPLOYERS'UABIUTY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE El.EACH ACCUENT S OFFICERIMEMBER EXCLUDED? N I A (Mandatory a In NH) I Et DISEASE-EA EMPLOYE S DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LMIT S DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remiss Schedule,If more specs is required) FOR ANY AND ALL WORK PERFORMED ON BEHALF OF COWER COUNTY. CONTRACT#12-585712 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF COUNTY COMMISIONERSS THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 TAMIAMI TRAIL EAST NAPLES,FL 34112-4901 AUTHORIZED REPRESENTATIVE I ROGER BOHORQUEZ ®1988.2010 ACORD CORPORATION. All rights reserved. AAORD a@ 4911189444 OF TM sPPIPIW MIMS 5MM MIK 4TH NialleeSt+M I(maw Xl MUM Packet Page-855- 12/10/2013 16.A.13. yr Lv:uvvo CERTIFICATE OF LIABILITY INSURANCE DATE 05/092013 05)0912013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION 13 WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PROOUC9t Phone:239403-3940 CONTACT Gulf Coast insurance,LLC Fax:239-403-3943 1 I F INC.No): 7795 Davis Blvd.,Suite 205 Naples,Bostick P ADDRESS: cusummRIJr.FARBIS4 INS RERIB)APMNORIO COVERAGE NANC>} INSURED FA Remodeling&Repairs,INC. INSURER A:Auto Owners insurance 18988 8244 Key Royal Cir.9838 INSURER 9: Naples,FL 34119 BOUM C: INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LWYTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. , LIR TYPE OF INSURANCE a,sum POLICY NUMBER xa m Y�ym POLICY EICP STS GENERAL LIABILITY EACH OCCURRENCE i 14000,000 A X COMMERCIAL GENER�AL UMBUTY X 20105485 03/1512013 03/15/2014 $R ,00l i 300,000 DoE l"!OCCUR MED EXP(Any one pandit) $ 10,000 PERSONAL AADV INJURY $ 1,0001000 GENERAL AGGREGATE I 2,000,000 GEerL AGGREGATE UNIT APPLEES PER PRODUCTS-COMP/OP AGO At 2,000,000 _ X I Pour 1-1 Loc a AUTOMOUR.E WBILJTY COMBINED SINGLE UNIT i (Ea accident) ANY AUTO BODILY INJURY(Par person) $ AU OWNED AUTOS BODILY INJURY(Per axfdo t) $ SCHEDULED AUTOS PROPERTY DAMAGE ,LIED AUTOS (Par fit) NON-OWNED AUTOS $ i UMBRELLA LI1e OCCUR EACH OCCURRENCE i EXCESS UAaAI,B.p440E AGGREGATE DEDUCTIBLE RETE TIDN $ $ ,YORKERS COMPENSAT,ON I 1115ftyC STarr-si AND EMPLOYERS'LABILITY ANY PROPRIETORPARnNf OE(CiTNE Y❑ MiA E.L.EACH ACCIDENT i OFFlCERMEMBE R EXCLUDED? (Mandatary b NH) EL DISEASE-BA EMPLOYEE 5 DESCRIPTION OF OPI3 ATIONS below EL DISEASE-POLICY LINT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Made*CORD 101,Additional Raarl*a Shcadv a.I mono woos M"wain* CONTRACT 12-58-57R FOR ANT AND ALL WORKED PERFORMED ON BEHALF OF COLLIER COUNTY CERTIFICATE HOLDER CANCELLATION COLLIER SHOULD ANY OF THE ABOVE DESCRIBED tIBED POLICIES BE CANCELLED BEFORE THE EXPSRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COMB(' Board Of ACCORDANCE YOH THE POLICY PROVISIONS. Commissioners 2800 N Horseshoe Drive AUTHORED REPRESENTATIVE Naples,FL 34104 David Bostick N 01983-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo am registered marks of ACORD Packet Page-856- 12/10/2013 16.A.13. +.114+ FAREM-1 OP ID:JF '` 9RL CERTIFICATE OF LIABILITY INSURANCE DATE 05/16/201 YY) • OS/16l2D13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. . IMPORTANT: lithe certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER Phone:239-939-1400 c�TcT Five County insurance.Agency Fax:239-939-3813 PHO� F 14120 Metropolis Avenue (ac,No.EsE: f(A/C,Not: Fort Myers,FL 33912 ERAIL : . Stephen Dannenhauer INSURERS)AFFORONG!COVERAGE KWIC 1 NsURSe A:Retail First Ins Co/Summit INSURED FA Remodeling and Repairs inc INSURER B: 8244 Key Royal Circle#636 INSURER c Naples,FL 34119 INSURER D: INSURER E: ENSURER F• COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO'THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE .ADDL SUER NSR WVD POLCY NUMBER POLICY EPP POLICY EXP LIMITS (MYiDDlYYYY) (MMlODlYYYY) GENERAL LIABIUTY EACH OCCURRENCE S _ DAMAGE10 RENT ED COMMERCIAL GENERAL UABIUTY PREMISES(Ea occurrence) $ CLAIMS-MADE I J OCCUR i MED EXP(Any one person) S _ PERSONAL&ADV INJURY S i GENERAL AGGREGATE S GEN'L AGGREGATE OMIT APPLIES PER: I :PRODUCTS-COMPIOP AGG 1 S —1 POLICY ET jam I LOC j 1 I s AUTOMOBILE UABILRY COMBINE:?SINGLE LIMIT (Ea accident) 1$ ANY AUTO 'BODILY INJURY(Per person) I S ALL OWN–"r._.)• I SCHEDULED BODILY INJURY(Per accident) 8 AUTOS __1 AUTO_ j NON-OWNED I •'•e• •AMA m $ HIRE)AUTOS I AUTOS Per accident' S UMBR3-LA LAB ! OCCUR i EACH OCCURRENCE I S I EXCESS LAB I CLAIMS-MADE AGGREGATE S DEC 1 I RETENTIONS S WORKERS COMPENSATION X I TpR S ATU. I ER AND EMPLOYERS'LIABILITY A ANY PROPRIETORJPARTNERID'ECUTIVE Yf N NIA 713700 05/1012013 05/10/2014 E.L.EACH ACCIDENT S 1,000,0001 OFFICERrt/EMBER EXCLUDE)? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,DOa Irvin,describe under DESCRIPTION OF OPERATIONS Delve E.L.DISEASE-POLICY LIMIT S 1,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES OttanM ACORD 101,Additional Remarks Seb.dula,N more span is required) CERTIFICATE HOLDER CANCELLATION COLL332 • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF COUNTY THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. COMMISSIONERS 3327 TAMIAMI TRAIL E AUTHORIZED REPRESENTATIVE , NAPLES, FL 34112 �, (� -._.-� ,..,,,...„: I @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD • Packet Page-857- 12/10/2013 16.A.13. ' C,R0 CERTIFICATE OF LIABILITY INSURANCE I DATE(MMWDOIYYYY) IJ 06/12/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. -- IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementls). _. -- CONTACT PRODUCER NAME: ROGER BOHORQUEZ 1Jberlo Insurance IA/C. PHONE rxtl: (954)990-7620 FAX.No): (954)990-7592 7169 W Oakland path Blvd. ADDRESS_ alberto@albertolnsurance corn Lauderhill,FL 33313 INSURER(S)AFFORDING COVERAGE NAIC e Phone (954)990-7620 Fax (954)990-7592 INSURER A: PROGRESSIVE AMERICAN INSURANCE INSURED INSURER B: FA REMODELING&REPAIRS INSURER C: F.244 KEY ROYAL CIR INSURER D: INSURER S: NAPLES,FL 34119 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS LCERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POUCY EFF POLICY EXP Q TYPE OF INSURANCE •IN LIMITS _VTR, SR WVD POUCY NUMBER IMMIDDIYYYY) (MMIDDIYYYYI GENERAL LIABILITY EACH OCCURRENCE $ I DAMAGE TO RENTED 7 C• OMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 7 ❑• CLAIMS-MADE U OCCUR MED EXP(Any one person) S El I PERSONAL 8 ADV INJURY $ ❑ GENERAL AGGREGATE 5 GEN'L AGGREGATE LIMIT APPLIES PERK PRODUCTS•COMP/OP AGG $ — ❑ POLICY iJ PF 0 L r — Loc. _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000.00 (Ea accioent) $ E] ANY AUTO BODILY INJURY(Per person} S A ❑ AU ALL TOS OW © AU SCNED HE TOS DULED Y 01677101-0 1 06114/2012 07/14/2013 ,BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE s I HIRED AUTOS ❑ AUTOS I (Per accident) ❑�--; ❑ I — ( J UMBRELLA UAB ❑OCCUR I EACH OCCURRENCE S ❑ EXCESS LIAR ❑CLAIMS-MADE AGGREGATE i S .J DED t..) RETENTION S $ WORKERS COMPENSATION 1'1 WC STATU• OTH- AND EMPLOYERS UABIUTY YIN LJ TORY LIMITS ♦ER ANY PROPRIETORIPARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory In NH) - E.L.DISEASE•EA EMPLOYE S If es,describe under DESCRIPTION OF OPERATIONS below E L.DISEASE•POLICY LIMIT $ . , I DESCRIPTION OF OPERATIONS f LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space is required) FOR ANY AND ALL WORK PERFORMED ON BEHALF OF COLLIER COUNTY. CONTRACT 4 12-5857R CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF COUNTY COMMISIONERSS THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 3327 TAMIAMI TRAIL EAST ACCORDANCE WITH THE POLICY PROVISIONS, NAPLES,FL 34112.4901 AUTHORIZED REPRESENTATIVE i ROGER BOHORQUEZ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05)QF The ACORD name and logo are registered marks of ACORD ---- Packet Page -858- 12/10/2013 16.A.13. AGREEMENT 12-5857R for -i K Nuisance Abatement THIS AGREEMENT is made and entered into this l Ilay of • , 2013, by and between the Board of County Commissioners for Collier County, Florida, a olitical subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Oliva Enterprises, Inc. as the Secondary Contractor, authorized to do business in the State of Florida, whose business address, 1911 47th Avenue Northeast, Naples, Florida 34120 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on the date of award and terminating two (2) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated by the County. This contract shall have two (2) 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 three (3) firms to be qualified and awarded a Contract to each firm for services, as identified in Exhibit B, hereby attached and incorporated by reference. The County has divided the two (2) categories of work into two (2) districts (North and South) with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a Primary and Secondary Contractor for each of the North and South districts within Category 1: Mowing; and a different Primary and Secondary Contractor for each of the north and south districts within Category 2: Litter and Debris Removal. In this contract the County is awarding North and South districts in Category 1 to the Secondary Contractor. Each awardee will enter into an Agreement to provide services for Nuisance Abatement on a Primary/Secondary basis as may be required by the Owner in accordance with the terms and conditions of lTB #12-5857R, the Contractor's proposal, and Exhibit A, Scope of Services which are 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 obligations for all work undertaken by Contractor for Owner pursuant to this Agreement and during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, all work will be sent to the Primary Contractor weekly on Tuesday and Thursday. For work sent on Tuesday, the Primary Contractor must respond that they accept the work by end of business on Wednesday. For work sent on Thursday, the Primary Contractor must respond that they accept the work by end of business on Friday. For any work not responded to or not accepted by the Primary Contractor. the Secondary Contractor will be sent the list of jobs weekly on Monday. 1 Packet Page-859- 12/10/2013 16.A.13. 2.1 While this Agreement is intended primarily for the Collier County Code Enforcement and Facilities Management Department, any County Department may use this contract(s) provided sufficient funds are included in its budget(s). For added properties, mowing sites or services where departments other than Collier County Code Enforcement and Facilities Management Department may want to use this agreement, those services shall be priced in accordance with Exhibit B. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the work awarded to them in accordance with the fee schedule in Exhibit B. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 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 States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Oliva Enterprises, Inc. 1911 47th Avenue Northeast Naples, Florida 34120 Attention: Carlos Oliva Phone: 239-434-5296 Fax: 239-434-5296 olivaenterprises( aol.com 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 Attention: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8975 Fax: 239-252-6480 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. 2 r:J Packet Page-860- 12/10/2013 16.A.13. 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. 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 $1,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. 3 CA Packet Page-861- 12/10/2013 16.A.13. 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. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective work not remedied; (b) reasonable indication that the work will not be completed within the specified time; (f) unsatisfactory prosecution of the work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to 4 CA __ — Packet Page-862-- – — — — 12/10/2013 16.A.13. Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 13. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any work under this Agreement and Contractor shall diligently pursue the completion of the work. Contractor shall be solely responsible for all means, methods, techniques, sequences, and procedures as well as coordination of all portions of the work under the Contract Documents. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 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 to the using department, an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. A modification to the Purchase Order 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 modified Purchase Orders. 15. 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. 16. CLEAN UP. Contractor agrees to keep the work sites clean at all times of debris, rubbish and waste materials. At the completion of the work, Contractor shall remove all debris, rubbish and waste materials from and about the work site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 5 CA Packet Page-863- 12/10/2013 16.A.13. 17. 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. 18. 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. 19. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons at the work site, 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 Change 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. 20. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 21. 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, !TB #12-5857R, any addenda, Exhibits A and B, and any Purchase Order made or issued pursuant to this Agreement. 22. 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. 6 CA Packet Page-864- 12/10/2013 16.A.13. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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 30. 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 7 CA Packet Page -865- 12/10/2013 16.A.13. submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. *************************** ********************************* *Remainder of page intentionally left blank 8 9 ■ Packet Page -866- 12/10/2013 16.A.13. 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 OJF-COUNTY COMMISSIONERS ATTEST: ^`;,,,., COLLIER'C NTY, FLORIDA Dwight E. Brock, Clerk`of,Courts By: _'„y '>! By: / t ; Georgia A. Hiller, Esq., Chairwoman Dated: tt4' °s gp)Chairman s signature onfy. rises, Inc. Contractor _ By: • A_,,►a iALae , First Witness �rSignatu� LaVerne tut, Webb Clarnle-rt 0c t UQ. Type/Print Witness Name T Signature 7Yl_. \1r 1GG reside,,( Second Witness Title %"han i ryi oaf r". Type/Print Witness`Name Approved as to form and y Assistant Cou, ty Attorney 9 Packet Page-867- 12/10/2013 16.A.13. EXHIBIT A Scope of Services 12-5857 Nuisance Abatement Contractor shall provide the following services which include, but are not limited to: mowing, bush-hogging and litter/debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article VI, Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. These specifications are intended to provide the information by which Contractors may understand the minimum requirements of Collier County relative to this Agreement. It is the responsibility of the awarded contractors to adhere to these laws and regulations. Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres) • East Naples District • Golden Gate City District • Golden Gate Estates District • North Naples District • lmmokalee District- Inclusive of Port of the Isles/Goodland/Copeland The quantity and location of the service areas listed above are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during said term, but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot owner exemptions, the County will not guarantee any number of lots for the term of this Agreement. The County has divided the two (2) categories of work into two (2) districts (north and south)with the dividing me between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a primary and secondary Contractor for each of the north and south districts within Category 1: Mowing; and a different primary and secondary Contractor for each of the north and south districts within Category 2: Litter and Debris Removal. The two (2) categories include: Mowing Category which is made up of: 1. Mandatory Work: The work is described as a public nuisance determined to exist three (3) or more times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same ownership. 2. Non-mandatory Work: The work is described as any accumulation of weeds, grass or similar non- protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on a rnowable lot, in any Recorded or Unrecorded subdivision of Collier County. Litter and Debris Removal Category and includes, but, is not limited to: clean-up, removal, proper disposal of white goods, cars, trucks, grills, tires, scrap metal, or any other item large item as defined by the Department, and fill dirt if ordered. For both categories of work, the Contractor shall provide all labor (qualified personnel), material, supplies and equipment to perform required services, including but not limited to, mowing, bush-hogging and litter/trash removal in accordance with all specifications, terms and conditions specified herein and attached hereto. The County intends to use the awarded Contractors as described above for mandatory and non-mandatory mowing services, and on-call large abatement services. 1. General Requirements: In all cases, prior to each abatement operation, the Contractor shall pick up all litter and vegetative debris, and remove it from all areas to be abated, to ensure clean abatement 10 Packet Page-868- 12/10/2013 16.A.13. conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to avoid bumping, girdling, and/or causing any other damage to trees, shrubs, plants, fences, and benches. The sites requiring abatement can and will be both public and private property which are under Ask enforcement action taken by the County. Abatement is through authority provided under Ordinance and m,. may be accompanied in some cases by Court Order which may or may not require an escort. 2. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning the nature and location of the work and the general and local conditions, and particularly, but, without limitation, with respect to the following: physical conditions at the work-site and the project area as a whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the basis for any claim for additional compensation. 3. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the term of this Agreement shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. 4. Photograph Requirements: All photographs shall be time and date stamped. The before photo showing the violation prior to Contractor abatement, and the after photo showing the site immediately after Contractor abatement. Photos must be in color and submitted in electronic format to the designated County representative within seven (7) days of abatement. As the photographs may be used as evidence, the Contractor shall retain originals of said photographs either until payment is received by the County or until such a time as deemed appropriate by any other government authority as required by law. 5. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to complete the jobs, who is familiar with the terms and conditions of the contract and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Agreement. If the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and 5 shall assign a new Supervisor within seven (7) calendar days of the County's notification, All communication, written or oral, shall be solely in the English language. 6. Contractor Equipment: The Contractor shall provide all equipment to perform requested services, including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain saws, bush-hogging equipment, etc. The Contractor shall keep all blades sharpened to provide a smooth, clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written approval has been granted by County representative(s) in writing. 7. Mowing: The Contractor shall mow at the interval identified in the individual abatement request, unless otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the County's Mandatory Lot Mowing Program which may require mowing bi-weekly during certain periods of heavy growth (May 1 through October 31), and monthly mowing from November 1st through April 30th, unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditions for the Contractor. 8. Scheduling Services:, The Contractor shall have seven (7) calendar days from the date of notice to proceed to complete work related to the abatement, unless otherwise directed in writing, or unless specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure the safety of all citizens and animals on and around subject property during abatement operations. 9. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless preempted by scheduled activities. 11 cA Packet Page-869- 12/10/2013 16.A.13. 10. Reports and Invoicing: The Contractor shall complete and submit with the invoice for payment, the form(s) provided to the Contractor with before and after photos- date and time stamped. The Contractor will also be required to conduct on-site inspections with Code Enforcement or County's Representative on an as needed basis to verify satisfactory completion of Contract requirements. 11. Equipment Required for Services: • Tractor w/60" bush hog or greater(optional, however, must have access as needed) • Professional/Commercial Grade Riding Mower • Hand pushed mower(s) • Weed eater(s) • Power Blower(s) • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This could be anything from garbage to appliances,furniture, tires,junk cars or other large items. • Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safely perform the job in an efficient and timely manner. • Any other items necessary to accomplish the task. 12. Property Owner Complaint Process: For the purpose of reporting complaints, the Contractor shall contact the County's Project Manager with any complaints at(239) 252-2329. The Contractor will contact the Code Enforcement representative to notify County personnel of any complaints received within twenty-four (24) hours. If directed by the Project Manager, the Contractor shall address all complaints within five (5) working days of notification of knowledge of the incident. Damages not responded to or not resolved to the reasonable satisfaction of the County, shall be deducted from the Contractor's invoice. The County is to receive copies of all complaints received (in writing) and, if applicable, have a record of their disposition/resolution. 13. Specifications a. Mowing: Assignment of job sites may require a one-time mowing or a continuous cycle of bi-weekly during the period from May 1st through October 316', or monthly during the period from November 16` through April 30t. Mowing shall include all specified areas of the properties that are not currently maintained by the property owners, or as indicated on the Code Enforcement request. Swales and dry retention areas must be mowed-prior to authorizing a vendor to enact the County's Mandatory Lot Mowing Program, the Contractor will be asked to make a site visit and confirm the property size and frequency with the assigned Code Enforcement Investigator. Grass shall be cut at a height no less than three inches (3").The frequency of cutting will be determined by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to palm fronds, leaves, branches, etc.) shall be mulched or removed by the contractor. b. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. c. Blowing: All sidewalks, curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean. No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. 12 Packet Page -870- 12/10/2013 16.A.13. d. Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned by removing all trash and debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping fees or charges are to be included in the base cost of these services. e. Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of large items such as appliances, furniture, tires,junk cars or other large items are part of this Agreement and shall be priced in accordance with Exhibit B. ****** 13 k.. Packet Page-871- 12/10/2013 16.A.13. EXHIBIT B Fee Schedule 12-5857R Nuisance Abatement Secondary Contractor 50U1 h r NORTH DlSrR�C 4 DISTRICT^ r Index Cate a 1 Descuptiori fig. County Price T; ry County P,.rrce PaFCet .Per Pareet j Up to and including twenty-four(24) 1 Mowing inches high and up to one-half(.5) $25.00 $25.00 acres. Up to and including twenty-four(24) 2 Mowing inches and up to one-half(.5)to one(1) $30.00 $30.00 acre 3 Mowing Up to and including twenty-four(24) $35 00 $35 00 [ g inches and from one(1)—two(2)acres Up to and including twenty-four(24) 4 Mowing inches per acre(for lots greater than two $35.00 $35.00 (2) acres) __ r Twenty-four(24) inches and including 5 Mowing thirty-six(36) inches and up to one-half $35.00 $35.00 (.5)acres Twenty-four(24)inches and including 6 Mowing thirty-six(36) inches and one-half(.5)to $40.00 $40.00 one(1) acre Twenty-four(24) inches and including 7 Mowing thirty-six(36) inches and from one(1)to $45.00 $45.00 two(2) acres C I Twenty-four(24) inches and including 8 Mowing thirty-six(36) inches per acre(for lots $45.00 $45.00 greater than two(2)acres) 9 Mowin Over thirty-six(36) inches and up to $4500 $45.00 g one-half(.5) acre Over thirty-six(36)inches and up to $45.00 $45.00 10 Mowing one-half(.5)to one(1) acre 1 Mowin Over thirty-six(36)inches per acre (for 545.00 $45.00 Mowing lots greater than one(1) acre) Additional mark-up for supplies and 13 Mowing equipment for items not identified in .25 .25 the scope of work(expressed as.xx) Labor rate for additional unanticipated 14 work not outlined in the solicitation(i.e. $25.00 $25.04 hazardous waste abatement,etc.) 14 Packet Page-872- 12/10/2013 16.A.13. A °R °® CERTIFICATE OF LIABILITY INSURANCE DATE Y) 04/10/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the poilcypes)must be endorsed. K SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carr&Associates PHONE FAX 4735 Santa Barbara Boulevard ((pA//Cc No Ern: (239)348-3555 W.Nor (239)348-3994 � naro�: kellyWarrandassociates.net Naples,FL 34104 INSURERS)AFFORDING COVERAGE NMC e Phone (239)348-3555 Fax (239)348-3994 INSURER A: Cypress Property Ins.Co 10953 INSURED INSURER B: Oliva Enterprises Inc. INSURER C: 1911 47th Ave Me INSURER D: Southern Insurance Company 27626 Naples,FL 34120- (239)403-6841 INSURER E • INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. INSR TYPE OF INSURANCE ADDLISUBR POUCY EFF POUCY EXP LTR ,INSR WOO POLICY NUMBER IMM/DD/YYYYI IMM/DDIYYYYI OMITS GENERAL UABIUTY EACH OCCURRENCE 3 1,000,000.00 WI COMMERCIAL GENERAL LIABILITY PRISES E occurrence) S 1,000,000.00 ❑ CLAIMS-MADE j OCCUR GFL-1022613-00-81 MED EXP(Any one person s 5,000.00 A Y N 03/16/2013 03/16/2014 PERSONAL&ADV NJURY $ 1,000,000.00 ❑ GENERAL AGGREGATE S 2,000,000.00 GENt AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG S 2,000,000.00 51 POLICY ❑ JECOT L] LOC S AUTOMOBILE LJABIUTY ((E0M6�ident) E LIMIT $ ❑ ANY AUTO BODILY INJURY(Per person) S ❑ AUTOS NED _1 A SHOES OLEO BODILY INJURY(Per accident) $ • HIRED AUTOS ❑ NNCACIWNED PROPERTY DAMAGE s (Per accident) ! ❑ $ ❑ UMBRELLA LAB ❑OCCUR EACH OCCURRENCE S ❑ EXCESS UAB ❑CLAIMS-MADE I AGGREGATE S ❑ DED ❑ RETENTION$ _ � — $ _ WORKERS COMPENSATION ((i�WC STATU- L-0TH - AND EMPLOYERS'UABIUTY Y/N LJ TORY UMR, _��1 FR ANY PROPRIETOR/PARTNER/EXECUTIVE SIC0014191-01 I E.L.EACH ACCIDENT $ 500,000.00 D OFFICER/MEMBER EXCLUDED? N I A 09/23/2012 09/23/2013 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 500,000.00 art describe under DES(RIPTION OF OPERATIONS beim E.L DISEASE-POUCY LIMIT S 500,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Sthidule,If more space is requnad) Landscape Gardening 97047 Lawn Care Services 97050 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail E Naples,FL 34112 AUTHORIZED REPRESENTATIVE ACORD 25(2010105)OF The A x-2010 ACORD CORPORATION. All rights reserved. logo are registered marls of ACORD Packet Page-873- 12/10/2013 16.A.13. ACCORD D CERTIFICATE OF LIABILITY INSURANCE DATE(' tx O ,n(YY) 06/14/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poilcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement Astatement on this certificate does not confer rights to the certificate holder In lieu of such endorsements). PRODUCER CONTACT NAME: Carr&Associates Lajc No Em: (239)348-3555 1 FWC Net (239)348-3994 4735 Santa Barbara Boulevard ADD(REss, keny(pcarrandassociates.net Naples,FL 34104 INSURERS)AFFORDING COVERAGE NAIL e Phone (239)348-3555 Fax (239)348-3994 INSURER A: Cypress Property Ins.Co 10953 INSURED INSURER 8: Oliva Enterprises Inc. INSURER C: 1911 47th Ave Ne INSURER D: Southem Insurance Company 27626 Naples,FL 34120- (239)434..5296 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY l'r POUCYEXP LIMITS LTR INSR WVD POLICY NUMBER (MWDD/YYYY) (MMIODIYYYY) GENERAL UABIUTY EACH OCCURRENCE S 1,000,000.00 DAMAGE TO RENTED 1°°00.°° ❑ occurrence)GENERAL LIABILITY PREMISES(Ea ooaence) S ❑ ❑ CLAIMS-MADE © OCCUR GFL-1022613-00-81 MED EXP(Any one person S 5,000.00 A ❑ Y N 03/16/2013 03/16/2014 PERSONAL a ADV NJURY s 100.000.00 ❑ GENERAL AGGREGATE t 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG t ©POLICY ❑ JPERO- ❑ Loc s ~. AUTOMOBILE UABIUTY DMBBIINgni SINGLE LIMIT s ❑ ANY AUTO BODILY INJURY(Per person) i ALL OWNED SCHEDULED BODILY INJURY(Per accident S ❑ AUTOS ❑ AUTOS BODILY PROPERTY DAMAGE S ❑ HIRED AUTOS ❑ AUTO$ (Per accident) ❑ ❑ -i ❑ UMBRELLA UAS ❑OCCUR EACH OCCURRENCE t EXCESS LIAB CLAIMS-MADE AGGREGATE S ❑ DED ❑ RETENTION i - S WORKERS COMPENSATION ❑WC S IATLI- ©OT ER AND EMPLOYERS'UABIUTY YI N ANY PROPRIETOR/PARTNER/EXECUTIVE N MWC0013679.01 09/23/2012 09!2312013 ,E.L.EACH ACCDENT S 1,000,000.00 D OFFICER/MEMBER aside n N )) EXCLUDED? ( E DISEASE-EA EMPLOYE S 1,000,000.00 If yes describe under f E L DISEASE-POLICY LIMIT 5 1,000,000.00 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Landscape Gardening 97047 Lawn Care Services 97050 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 3327 TamiamI Trail E Naples,FL 34112 AUTHORIZED REPRESENTATIVE 4:A :.;)11, ...sop_,,„,,,,,..., I 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05)OF The ACORD name and logo are registered marks of ACORD Packet Page-874- «,,,,... 12/10/2013 16.A.13. . CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GMNG 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas,Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below NAMED INSURED: Oliva enterprises inc ADDRESS OF NAMED INSURED: 1911 47t° ave ne naples fl 34120 - POLICY NUMBER 6089281c1259c EFFECTIVE DATE OF POLICY 03/12/2013 09/12/2013 2007 chevrolet DESCRIPTION OF 3500 pickup VEHICLE(Including VIN) lgbjc39u17e108650 LIABILITY COVERAGE ®YES ❑ NO ❑YES ❑ NO ❑YES ❑NO ❑YES ❑NO LIMITS OF LIABILITY a.Bodily Injury Each Person 1,000,000 Each Accident 1,000,000 :: b.Property Damage Each Accident 100,000 c.Bodily Injury& Property Damage Single Limit Each Accident PHYSICAL DAMAGE - COVERAGES ®YES ❑NO ❑YES ❑NO ❑YES ❑ NO ❑YES ❑NO a.Comprehensive $250 Deductible $ Deductible $ Deductible $ Deductible ®YES ❑NO ❑YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO b.Collision $250 Deductible $ Deductible $ EMPLOYERS NON-OWNED Deductible $ Deductible CAR uaslunr COVERAGE ❑YES ® NO ❑YES ❑ NO ❑ YES ❑NO ❑YES NO HIRED CAR LIABILITY HIRED ❑YES ►�� NO ❑YES ❑ NO ❑YES ❑ NO ❑YES ❑NO FLEET-COVERAGE FOR Moron vDral�cLFSD YES ®NO ❑YES ❑ NO 0 YES ❑ NO ❑YES ❑NO f i` 4 Office Rep 6838 05/08/2013 Signat •uthorized Re. ....ntative Title Agent's Code Number Date Name an• Address of Certificate Holder Name and Address of Agent collies county board of county commissioners Javed Kapadia State Farm 3327 tamiami trail e 7550 Mission mills Dr #304 Naples, FL 34112 Naples, FL 34119 Phone 239-434-5296 Fax: 239-434-529623 INTERNAL STATE FARM USE ONLY: ®Request permanent Certificate of Insurance for liability coverage. 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