#25-8345 (Mainscape Inc.) PROFESSIONAL SERVICE AGREEMENT
#25-8345
for
Landscape Maintenance Contractors
THIS AGREEMENT, made and entered into on this ICI -' day of 1ec,Le,- , 20,9j , by and
between Mainscape, Inc.
authorized to do business in the State of Florida, whose business address is
13418 Britton Park Road Fishers, IN 46038 ,(the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. The Agreement shall be for a three ( 3 ) year period, commencing upon ■ date
of Board approval; Of Aft , and terminating three ( 3 ) year(s)
from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the
Agreement period have been completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
( 2 ) additional one ( 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or the County Manager's designee, may extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or designee, shall give the Contractor written
notice of the County's intention to extend the Agreement term prior to the end of the
Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a • Purchase Order Notice to Procccd Work Order.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions Invitation to Bid (ITB) ■
Other Invitation for Qualification ( IFQ )# 25-8345
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred
to herein and made an integral part of this Agreement.
The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in
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compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the Contractor to
order any minimum or maximum amount. The County shall order items/services as
required but makes no guarantee as to the quantity, number, type or distribution of
items/services that will be ordered or required by this Agreement.
3.3 10 The procedure for obtaining Work under this Agreement is outlined in Exhibit A —
Scope of Services attached hereto.
3 I I The procedure for obtaining Work under this Agreement is outlined in Other
Exhibit/Attachment:
3.5 I■I The County reserves the right to specify in each Request for Quotations: the period
of completion; collection of liquidated damages in the event of late completion; and the
Price Methodology selected in 4.1.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this
Agreement based on Work performed pursuant to the quoted price offered by the
Contractor in response to a specific Request for Quotations and pursuant to the Price
Methodology in Section 4.1. Payment will be made upon receipt of a proper invoice and
upon approval by the County's Contract Administrative Agent/Project Manager, and in
compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act".
4.1 Price Methodology (as selected below):
■ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the contractor; and, as a business practice there are no
hourly or material invoices presented, rather, the contractor must perform to the satisfaction
of the County's project manager before payment for the fixed price contract is authorized.
Ti i..e®anu..MYateria!s:...The...county..agrees .to.,pay The contractor for he...amount of labor
time spent by the contractor's-empl rac -toperform-the work (nref
of hours times hourly rate), and for materials and equipment used in the project (cost of
' in projects in
which it is not poocible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
these contracts include back up documentation of costs; invoices would include number of
` rate-b�+_ tr. .t mekee
1 Ny- lil 1�1 _u111�.1��.�.N�'�"8'r
payroll records), material or equipment. invoices;
and-other reimbursable 1eimbursab/e documentation material equipment I Ill„i11Y II IVl/Vli C.111�..1 Vll1
for the project.
Unit Price: The County agrees to pay a firm tot
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
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invoice must-identify the unit price and the numbe of units-received'(no"contractor iventy y
or-_.cest.,verification).
4.2 Any County agency may obtain services under this Agreement, provided sufficient
funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of"laches" as
untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
475 Travel and Reimbursable Expcnscs: Travel and Reimbursable Expenses
must be approved in advance in writing by the County. Travel expenses shall be
reimbursed as per Section 112.061 Ha. Stats.
Reimbursements shall be at the following rates:
Mileage $0 4 5 R mile
Breakfast $6.-00
Lunch $11.00
Dinner
Airfare Actual ticket cost limited to tourist or coach clan
faro
Rental car Actual rental cost limited to compact or
etandard size vehicles
Lodging Actual cost of lodging at single occupancy rate
with a cap of no more than $150.00 per night
Parking Actual cost of parking
Taxi or Airport Limousine Actual coot of either taxi or airport limousine
Reimbursable items other than travel expenses shall be limited to the following: telephone
long distance charges, fax charges, photocopying charges and postage. Reimbursable
items will be paid only after Contractor has provided all receipts. Contractor shall be
fesponsible for all other costs and expenses associated with activities and solicitations
undertaken pursuant to this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
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exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531 C.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: Mainscape, Inc.
13418 Britton Park Road
Address: Fishers, IN.46038
Attention Name & Title: Loren Garner/Account Executive
Telephone: 1-800-481-0096
E-Mail(s): LGarner@mainscape.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Name: Parks and Recreation
Division Director: James Hanrahan
Address: 15000 Livingston Road
Naples, Florida 34119
Administrative Agent/PM: Eric Short
Telephone: 239-252-4095
E-Mail(s): Eric.Short@collier.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.
S. Government now in force or hereafter adopted. The Contractor agrees to comply with
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all laws governing the responsibility of an employer with respect to persons employed by
the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive purpose,
or for any purpose in violation of any federal, state, county or municipal ordinance, rule,
order or regulation, or of any governmental rule or regulation now in effect or hereafter
enacted or adopted. In the event of such violation by the Contractor or if the County or its
authorized representative shall deem any conduct on the part of the Contractor to be
objectionable or improper, the County shall have the right to suspend the Agreement of the
Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to
the satisfaction of the County within twenty-four (24) hours after receiving notice of such
violation, conduct, or practice, such suspension to continue until the violation is cured. The
Contractor further agrees not to commence operation during the suspension period until
the violation has been corrected to the satisfaction of the County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate said
Agreement for cause; further the County may terminate this Agreement for convenience
with a thirty(30) day written notice. The County shall be the sole judge of non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. ❑■ 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. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. • Business Auto Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. 1•J Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
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The coverage must include Employers' Liability with a minimum limit of$1,000,000 for
each accident.
CI- I Professional Liabilityj Shall be maintained by the Contractor to ensure its legal
liability for claims arising out of the performance of profe: ional services undcr this
this insurance. Such insurance shall have limits of not less than $ each claim
and aggrcgatc.
❑ Cyb L' bTty: Coverage shall have minimum limits of $ per
occurrence.
F Technology Errors and Omissions: Coverage shall have minimum limits of
$ per occurrence.
6- ❑ : Coverage shall have minimum
limits of$ per occurrence.
: Coverage shall have minimum
limits of$ per occurrence.
: Coverage shall have minimum
limits of$ per occurrence.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be primary
and non-contributory with respect to any other insurance maintained by, or available for the
benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
defend, indemnify and hold harmless Collier County, its officers and employees from any
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and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or
anyone employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation
of a claim by any party and written notice of such claim being provided to Contractor.
Contractor's obligation to indemnify and defend under this Article 13 will survive the
expiration or earlier termination of this Agreement until it is determined by final judgment that
an action against the County or an indemnified party for the matter indemnified hereunder is
fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Parks and Recreation Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Contractor further represents that no persons
having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), • Exhibit A Scope of Services,
• Exhibit B Affidavit Regarding Labor and Services, RFP/ ITB/■
Other Invitation for Qualification(IFQ) #25-8345 , including Exhibits,
Attachments and Addenda/Addendum, n cubscqucnt quotec, ai 4 Othcr
Exhibit/Attachmcnt:
17. APPLICABILITY. Sections corresponding to any checked box ()will expressly apply to
the terms of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
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value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure
5311. Violation of this provision may result in one or more of the following consequences:
a. Prohibition by the individual, firm, and/or any employee of the firm from contact with
County staff for a specified period of time; b. Prohibition by the individual and/or firm from
doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held
by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including but
not limited to those dealing with the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as
well as the requirements set forth in Florida Statute, §448.095; taxation, workers'
compensation, equal employment and safety including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if
applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-
(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(o�colliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
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required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
22. 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.
23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
24. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
25. 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.
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26. KEv PERSONNEL The Contractor's"personnel_and management be utilized this
\�� 1 LI\`'i.IV����V�. 1 to A/l.. for this
project shall be-knewledgeabl 4R4heir areas of use. The County res rocs the-fight
Accessary to ensure that competent persons
,ely basis, and qach person assigned
choll,
JI INIf
Gen „nel unless the following conditions arc met: (1)
Proposed replacements have substantially the same or be /or
experience. (2) that the County is notified in writing as far in advance as possible. The
Contractor shall make com,morcially reasonable efforts to notify Collier County within
seven (7) days of the change T,
personnel.
• AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
27. • ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of solicitation the Contractor's Proposal,
and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
I I ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
the Agreement, the conflict shall be resolved by imposing the more strict or costly
28. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
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This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and
properties. Contractor ID badges are valid for one (1) year from the date of issuance and
can be renewed each year at no cost to the Contractor during the time period in which
their background check is valid, as discussed below. All technicians shall have on their
shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPScolliercountyfl.qov) whenever an employee assigned to Collier
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of$500 per incident.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If
there are additional fees for this process, the Contractor is responsible for all costs.
(Intentionally left blank-signature page to follow)
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Professional Service Agreement
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IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
,r:,
COLLIER COUNTY, FLORIDA
Crystal K. K zel,�:clerk pi,the
p Circuit Ctrt.ed rrrtrclber
Y.,
By r By:
s ♦ Ciurt L.Saunders , Chairman
Dated:
(S A •4. itl.410 ?sto_Chairman's
gignature only
Contractor`s Witnesses: Malnrcape,Inc.
Contractor
�? — By: 01-
ntractor's First Witness Sign ture
LA. —Pcsl l t-P/✓ CiFo
3Oshuo. SIOC:r.t`&& 1'Typelprint signature and itleT
• tTypetprint witness name
C actor's Second Witness
e nn t,PrOQ,h rim
1'Typefprint witness name
Appro ed as to Form and Legality: a
""""YYY, MELISSA ESSERT
1�� _\���Y•^w%Notary Public. State of IndianaZ;SEAL r Hamilton County
+hii�ivl County Attorney r•.•• *=Commission Number NP0747706
�, N ••• ` My Commission Expires
Aii;11A 6 6bte �YYrnma�� March 21,2031
Print Name
pproved :r to f• • w a legality page 12 of 15
Professional Service Agreement
[2025_ver,21
Scott R.T a h,Deputy County Attorney
Exhibit A
Scope of Services
1■1 following this page (pages 1 through 5 )
I I this exhibit is not applicable
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Professional Service Agreement
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Exhibit A—Scope of Services
#25-8345 Landscape Maintenance Contractors
The intent of this Invitation for Qualification("IFQ")is to identify multiple qualified Contractors to provide landscape maintenance
services across various public spaces, including regional, community, and neighborhood parks. The resultant agreement will also
allow other divisions within the county to request quotes for landscape maintenance services at county-owned and operated facilities,
right-of-way areas, and roadway medians. The objective is to engage professional, reliable Contractors with a proven history of
managing commercial,municipal,and governmental landscapes.
The primary services expected to be performed under this agreement include,but are not limited to:
• Litter and Debris Removal: Regular collection and removal of litter and debris to maintain the cleanliness and aesthetic
quality of parks,right-of-way areas,and other landscaped spaces.
• Mowing,Edging, and Trimming: Routine lawn mowing,edging of borders, and trimming of shrubs and hedges to ensure
neat and well-maintained landscapes.
• Weeding:Removal of weeds in landscaped areas,ensuring plant health and aesthetic appeal.
• Street Cleaning:Cleaning streets,sidewalks,and park pathways,removing dirt,debris,and waste that could obstruct public
spaces or detract from the environment.
• Pesticide Applications: Professional pesticide applications to prevent or control pests that may harm plants or trees, with
subcontractor services authorized for this task in accordance with the Florida Department of Agriculture and Consumer
Services(FDACS),Chapter 482 Florida Statutes.
• Plant Replacements:Replacement of dead,diseased,or damaged plants to maintain the integrity of landscaped areas.
• Plant Installations: Site preparation,planting,watering,and mulching.
• Other Related Services: Maintenance of trees, shrubs, flowers, and general landscape upkeep necessary for public parks,
right-of-way,medians,public spaces,and redevelopment areas.
1. Contractor Responsibilities:The selected Contractors are expected to provide all necessary resources to ensure the successful
completion of these services.This includes,but is not limited to:
• Labor:Providing qualified personnel to perform all tasks efficiently and safely.
• Supervision:Ensuring that work is supervised appropriately,maintaining high standards of quality and safety.
• Tools and Equipment: Supplying the necessary tools and specialized equipment required for landscape maintenance,
including mowers,trimmers,blowers,sweepers,and other necessary machinery.
• Materials and Supplies:Providing all materials and supplies,such as fertilizers,mulch,plants,pesticides,etc.,for executing
tasks.
• Transportation:Ensuring that vehicles and equipment are available for transportation to and from job sites.
• Maintenance of Traffic(MOT):If applicable,the Contractor must ensure the safety of workers and the public by managing
traffic around active work zones in compliance with local regulations.
• Subcontracting: The Contractor may utilize subcontractors for certain specialized tasks, such as pesticide applications.
However,the Contractor remains fully responsible for the overall management and quality of the work performed by a sub-
Contractor.
2. Landscape Maintenance Specifications: The following are the general landscape maintenance specifications that outline the
expectations for Contractors in executing services for the Division.The requesting divisions may submit additional or customized
scopes of work and specifications specific to their needs within each Request for Quote("RFQ").These specifications aim to ensure
consistent quality,safety,and environmental responsibility while maintaining the aesthetic and functional integrity of the landscape
areas.
2.1. Mowing: Mowing services may be in parks,medians, side right-of-way(ROW) (both sides of the roadway), retention
ponds,around ponds,and swale areas.
2.1.1. Before mowing,remove palm fronds, seed pods/seeds, debris, litter, leaves,rocks,paper,tree branches, limbs,
and any other debris from the turf areas,plant beds,and hardscapes.
2.1.2. Mow consistently with landscape maintenance industry standards that ensure a smooth surface appearance
without scalping or leaving uncut grass.
2.1.3. ROW mowing is from the back of the curb to the right-of-way line(wooden or concrete power poles).
2.1.4. Mow at the highest recommended height for species in the table below per the University of Florida's Institute
of Food and Agriculture Sciences(UF/IFAS).Do not remove more than one-third(1/3)of the leaf blade at each
mowing.
Species Mowing Height(inches) Grass Height Not to Exceed(inches)
Bahiagrass 3.0—4.0 4.5—6.0
Page 1 of 5
Exhibit A—Scope of Services
St.Augustine 3.5—4.0 5.5—6.0
2.1.5. Mow turf with a mulching mower, eliminating the need to bag and transport grass clippings. Leaf clippings in
the turf area will add nutrients and organic matter back into the lawn.If bagging clippings,they shall be collected
and removed at no additional cost to the County.
2.1.6. Swale mowing is conducted throughout the year, and during the rainy season,these areas are addressed at each
service. If weeds and vegetation protrude above the water,reduce them to 12 inches above the waterline or as
directed by the County Project Manager or designee.Always direct the mowing operation away from the water
and remove mowing clippings from the site.
2.1.7. Dry retention mowing is conducted throughout the year,and grass height must not exceed 18 inches.If areas are
holding water,restrict mowing with a 10-foot buffer from the water's edge and direct the mowing operation away
from the water.
2.1.8. Wet retention(ponds)mowing within 10 feet from the water's edge,when mowing,vegetation must be greater
than 6 inches in height.Direct the mowing operation away from the water.Remove mowing clippings from the
site.
2.1.9. Use an alternative mowing method in water-drenched turf areas to prevent wheel ruts from heavier,self-propelled
riding mowers.Turf damages caused by the Contractor's equipment shall be repaired immediately following the
services at no additional cost to the County.
2.1.10. Notify the County Project Manager or designee immediately when turfgrass shows signs of heat stress,disease,
or irrigation malfunctions.
2.2.Edging
2.2.1. String edge along plant beds and turf edges where an underground irrigation system is present. Mechanical
metal blade edging is not permitted in these areas.
2.2.2. Mechanical metal blade edging is permitted along the back of curbs and sidewalks.
2.2.3. With the edging service,cut and remove grass root runners extending into plant beds or mulch areas,concrete,
asphalt,and brick paved areas.
2.2.4. Edge in turf areas such as,but not limited to,sprinkler heads,valve boxes,timer pedestals,posts,utility service
boxes,shrubs,signposts,utility holes,guardrails,along sidewalk edges,back of concrete curbs,around plant
beds,streetlight bases,headwalls,and trees for an aesthetically pleasing appearance.
2.2.5. Remove edging from roadways,sidewalks,curbing,and gutters on the same day as the service.
2.2.6. Chemicals are not authorized for edging.If chemicals are used and cause damage,the Contractor is responsible
for restoring the damaged areas to full restoration where the chemical was applied,at no cost to the County.
2.3. Street Cleaning: Clean sidewalks,curbs,and gutters,including a four-foot(4')area from the face of gutters,curbs,turn
lanes,medians,and sidewalks immediately following each service to prevent debris accumulation and keep areas neatly
maintained and safe.
2.3.1. On the same mowing day,remove grass clippings and debris from hardscapes to prevent debris accumulation
and keep areas neatly maintained and safe.
2.3.2. Remove grass clippings and debris from hardscapes following the same day of the mowing services.
2.3.3. Do not allow grass clippings or debris to enter any inlet,catch basin,or body of water.Remove grass clippings
and debris from these areas.
2.3.4. Deposit grass clippings into existing turf areas.
2.3.5. No debris shall be blown or deposited onto adjacent property,accumulated on right-of-way areas,or blown into
roadways or travel lanes.
2.3.6. Remove all debris and clippings from sidewalks,curbs,gutters,or roadways.
2.3.7. Remove seed pod seeds from hardscape areas and around the palm perimeter.
2.4. Weeding
2.4.1. Perform weeding weekly, leaving the area reasonably weed-free, visually well-maintained, and aesthetically
pleasing.
2.4.2. Weeding is within the medians and sides of ROW and includes bedding plants, perennials, shrubs, trees,
sidewalks,asphalt,concrete,pavers,guardrail bases,tree grates,curb joints,and mulched areas.
2.4.3. Control weeds in planting beds.
2.4.4. Contractor's employees may manually pull weeds by hand,use a chemical method(not harming plant materials),
or use a combination of manual and chemical methods.
2.4.5. Pre-emergent products to control weeds.Apply pre-emergent herbicides in early February. To avoid harming
the grass, apply the herbicide before temperatures rise above 65 to 70 degrees Fahrenheit. Nonselective
herbicides that contain active ingredients like glyphosate or glufosinate can spot-treat weeds in beds.
2.4.6. Post-emergent products to control weeds. Determine the type of application (systemic or contact herbicides).
Page 2 of 5 C„
Exhibit A—Scope of Services
Use caution when applying chemicals to prevent the spray from drifting onto non-target plants.
2.4.7. Blue tracker dye shall be added for inspection purposes.
2.4.8. Chemical damages to non-target plants will be the Contractor's responsibility to replace,at no cost to the County,
within 72 hours or as agreed to by the County Project Manager or designee or designee.
2.5. General Site Trimming: To prevent disease transmission, disinfect pruning tools before performing county-contracted
services. Services include trimming groundcovers,shrubs,and plant foliage 10 feet and below.
2.5.1. Notify the County Project Manager or designee when plant materials (trees, ground covers, shrubs,turf, etc.)
show signs of infestation,disease,or dying.
2.5.2. Remove water sprouts,suckers,dead or diseased foliage,and branches.
2.5.3. Trim plants 18 inches from the irrigation heads to maintain uniform irrigation distribution patterns.
2.5.4. Sightlines-Mandatory Safety Requirement: Consistently maintain sightlines at each service or as needed.The
travel lane plant height is 18 inches to a maximum height of 24 inches.The County will immediately notify the
Contractor to trim plant materials exceeding the maximum height.
2.5.5. Trim shrubs in their natural form.Do not prune plants into boxed shapes.
2.5.6. Shrub pruning should be done consistently throughout each median for all shrub types for landscape continuity.
2.5.7. Shrubs and groundcovers adjacent to pathways or sidewalks are pruned to maintain one(1)foot clearance from
the pathway's edge. It is recommended that adjacent shrubs and groundcovers be maintained at an angle or
rounded away from the path to keep the area safe for landscape personnel maintaining landscaping.
2.5.8. Bougainvillea and Green Island Ficus maintain to 24 inches through the year(sightline 18 inches). Maintain
other groundcovers and shrubs.
2.5.9. Perform hard cutting in vehicular sightline areas to 18 inches by October 1st each year before cooler temperatures
begin,so blooming plants are at the proper height before high traffic season begins.Shrub hard-cutting requires
approval from the County Project Manager or designee.
2.5.10. Prune selectively to improve the plant structure's health and to enhance fruiting,flowering,or appearance.
2.5.11. Prune ornamental grasses once a year,or as directed by County Project,only after the blooming season,at the
plant base to remove old growth.Do not cut grasses using a flat-top method.Varieties include but are not limited
to Fountain,Muhly,Florida Gama,and Fakahatchee grasses.
2.5.12. Only prune yellow or white Irises at the direction of the County Project Manager or designee.Never prune Irises
into a cone shape.
2.5.13. Remove dead growth from Blueberry Flax,Agapanthus,Birds of Paradise,Iris,and other similar varieties.
2.5.14. Prune Liriope muscari at the direction of the County Project Manager or designee.
2.5.15. Groundcovers and grasses cannot grow over curbs or onto paved areas.
2.5.16. Maintain tree canopy branches over pathways or sidewalks at a minimum height of 10 feet.
2.5.17. Checking plant heights at each service is mandatory.
2.5.18. Remove pruning and trimming debris at each service.
2.6. Debris/Trash Removal:Remove trash and debris at each service, including paper,bottles, cans,trash,horticultural and
non-horticultural waste,leaves,rocks,branches,limbs,palm fruit,and fronds on the ground,and other debris that is not
part of the landscape.
3. Procedures for Obtaining Work Assignments: The County's Project Manager or designee will follow the procedure outlined
below for obtaining quotes from the awarded Contractors.
3.1. Distribution of Work:
3.1.1. An RFQ and work summary will be provided to all awarded Contractors. The County Project Manager or
designee may include the project completion time in the RFQ.
3.1.2. The RFQ will give Contractors fourteen(14) calendar days to submit a quote. However, depending on time-
sensitive or larger-scale projects,they may require a shorter or longer quoting period.
3.1.3. The County Project Manager or designee will review all quotes received by the due date and prepare a bid
tabulation.
3.1.4. If the lowest Contractor's quote is outside the budget,the County Project Manager or designee may negotiate
price(s).
3.1.5. Work shall not commence until issuance of a Purchase Order.
The County reserves the right to waive any or all of these requirements and to separately solicit any job if it's in the best
interest of the County.Projects exceeding the$200,000 threshold will be formally solicited unless otherwise approved by the
Board of County Commissioners.
4. General Information
Page 3 of 5
Exhibit A—Scope of Services
4.1. Licenses and Certifications:The Contractors shall have valid licenses and certifications as required by statute, law,and
administrative rules during the contract term,renewals,and extensions.
4.2. Crew:The crew leader shall be familiar with landscape maintenance services.
5.2.1 Crews shall have experience in performing services per the specifications.
5.2.2 A qualified English-speaking crew leader/supervisor/project manager who will be present and readily available
to the County Project Manager or designee during services at the project site.
5.3. Uniforms and Identification Badges: The Contractors' employees shall be attired in distinctive, clean, and identifiable
uniforms furnished by the Contractors.They shall be neat and clean in appearance. The uniform shall consist of a logo
shirt and matching long pants.
5.3.1. The contractor's employees shall also wear an identification badge provided by Collier County in plain sight
and at all times. Any employee found without a badge and full uniform will be sent home,and the Contractor
shall be fined$100 per day per incident.
5.3.2. No employee or supervisor shall be allowed to work in a County facility without a proper uniform and a County
identification badge.
5.3.3. The front of the employee identification badge shall have the employee's photo,name,and the Contractor's
company name.
5.4 Insurance Reimbursement Services:The Contractor may be requested to provide itemized receipts for insurance-related
repairs,itemizing materials,labor,equipment,and other associated costs,as required by Collier Risk
Management.
5.5. Work Commencement:No work shall start without issuance of a Purchase Order.The Contractor agrees that any
Purchase Order that extends beyond the expiration date of the resultant agreement will survive and remain subject to the
terms and conditions of the resultant contract until the completion or termination of work.
5.6. Work Hours: The work hours are generally Monday through Friday from 7:00 a.m. to 5:00 p.m. The Contractor may
request approval from the County Project Manager or designee to work outside the stated hours and workdays.
5.7. Work Schedules: The County Project Manager or designee may request work schedules before services commence and
request updates if the Contractor's work schedules are modified.
5.8. Inspections:On-site inspections may occur to monitor work progress and when the work is completed.The Contractor shall
e-mail the County Project Manager or designee when the job is completed.The Contractor shall cure any deficient work as
requested by the County Project Manager or designee and within the timeline.
5.9. Stockpiling is not permitted in the right-of-way:The Contractor may be required to return to the worksite to clean
up,remove,and haul away for disposal.
5.10.Damages: The Contractor shall exercise care at the project site.The Contractor is responsible for restoring or
replacing all damages to the satisfaction of the County Project Manager or designee at no cost to the County,where the
Contractor's control operations occurred.
5.11.Utilities:The Contractor shall be responsible for exercising precautions while working near utilities;therefore,
before digging,the Contractor must call Sunshine 811 at 811 or 800-432-4770,Monday through Friday,from
7:00 a.m.to 5:00 p.m.Sunshine 811 requires two(2)full business days'notice.Any damage to utilities is the
Contractor's sole responsibility and at no cost to the County.
5.12 Temporary Traffic Control(TTC):If applicable to the work requested in the quote,the Contractor is responsible
for providing a plan to set up TTC with the right equipment and proper placement of lane-closed signs,
pre-warning signs,arrow boards,traffic cones,message boards,warning devices,barriers,or flagmen.The
Contractor is also responsible for maintaining TTC while performing services in the right-of-way and
roadways.
5.12.1. The Contractor must adhere to the latest edition of the FDOT Design Standards,600 series,and the Manual
on Uniform Traffic Control Devices(MUTCD).
5.12.2. Subcontracting TTC is authorized.
5.12.3 The Contractor is responsible for the TTC plan and equipment setup.Any work zone safety issues
Page 4 of 5
Exhibit A—Scope of Services
require the Contractor's Certified TTC employee to meet County staff within twenty(20)minutes of the
initial contact to address work zone safety issues.
5.12.4 The Contractor services will cease if the TTC setup does not comply with FDOT standards and
MUTCD.
5.13. Road Alert-Mandatory Requirement:Any lane closures require the Contractor to submit the Road Alert Notification
Form for Lane Closures and Road Closures via email to Collier County Transportation Management Services
Department.Link to download the Road Alert form:
https://www.colliercountyfl.gov/government/transportation-management-services/services/construction-and- maintenance-
public-information/road-alerts.
5.14.Work Zone Safety: The Contractor shall use caution while working on County Right-of-Way(ROW)(i.e.,roads,
sidewalks,bike paths,etc.),roadway medians,in or around County-owned or operated facilities.The following standards
shall be maintained:
5.14.1. American National Standards Institute/International Safety Equipment Association(ANSI/ISEA)Class 2
or 3 Vests,T-T-shirts,or similarly labeled garments,depending on the time of day.
5.14.2 Signage,cones,barricades or barrels,arrow panels,flagging personnel,stop/slow paddles,where
necessary,required by law or the Board of County Commissioners.
Page5of5
Exhibit A—Scope of Services
Exhibit B
Affidavit Regarding Labor and Services
Following this page
Page 14 of 15
Professional Service Agreement
[2025 ver.2]
AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITII ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July I,2024,pursuant to §787.06(13),Florida Statutes,when a contract is executed, renewed,or extended between a
nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an
affidavit signed by an officer or a representative of the nongovernmental entity under penalty or perjury attesting that the
nongovernmental entity does not use coercion far labor or services.
Effective January I,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign country of concern;(b)the governtent of a
foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place of business in a foreign country of concern.
I ffzetive July I,2025,when an entity c�tends ur renews a contract with a governmental entity which would grant the entity access
town individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(c),§287,138,Florida Statutes.
Nongovernmental Entity's Name: KQ\1f1SCo-
Address, l 4 I' 3' rl j7 et./� L l$
Phone Number. 3 i— ?$`-/—S 11
Authorized Representative's Name: J 1 Dot
Authorized Representative's Title: 'L.o
Email Address:
1, J\Lb.. 1✓o y..' ft t( (Name of Authorized Representative), as authorized representative attest under
penalty of perjury that J __(Name of Nongovernmental Entity) does not: ('I)use
coercion for labor or services as defined in, 787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by
a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the
entity, and(c)that the entity is not organized under the laws of or has its principal place of business in a foreign country of
concern,all as prohibited under§287.138,Florida Statutes.
Under penalty of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
(Sign u aft torn d representative) [)ate
STATE:OF "41.14
COUNTY OF. M1bN
Sworn to(or affirmed)and subscribed befppre ow,by means or/physical presence or 0 online notarization this
•2 day of Se?ItM if ,2025,by J111 lo1N►l+ufitf (Name ofAffiant),who produced his Honda Driver's License as
identification. •Jl
rifrt
Notary Public 4•'77r+J`�\PPY pG MELISSA EBBERT
� e;Notary Public,State of Indiana
l4/w /�4 i A1 3 ( °2 SEAL, Hamilton County
��•, •�Commission Number NP0747708
C'csmntission Expire,. •.,i My My Commission Expires
March 21,2031
Personally Known,Ult Produced Identification 0 •
Type of Identification Produced:
CA
Other Exhibit/Attachment
Description:
following this page (pages through )
1■I this exhibit is not applicable
Page 15 of 15
Professional Service Agreement
[2025_ver.2]