#08-5017 (Resource Restoration, Inc.)
A G R E E MEN T 08-5017
for
Countywide Exotic Vegetation Removal
THIS AGREEMENT, made and entered into on this I (-ffI day of fYltl.n:t,,2008, by and
between Resource Restoration, Inc., authorized to do business in the State of Florida, whose
business address is 2081 SE Ocean Boulevard, Suite 2B, Stuart, Florida 34996, hereinafter
called the "Contractor" and Collier County, a political subdivision of the State of Florida,
Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. This Agreement shall commence on the date of approval by the
Board of County Commissioners and shall terminate one (1) year from that date.
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 two (2) year periods. The County 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 Contractor shall perform exotic vegetation removal in
accordance with the terms and conditions of RFP #08-5017 and the Contractor's
proposal referred to herein and made an integral part of this agreement. This
Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION. As the County identifies certain Services it wishes Contractor to
provide pursuant to the terms of this Agreement, the County shall request a quotation
from one or more Contractors for such Services, said quotation to be in compliance with
the terms of this Agreement. If the parties reach an agreement with respect to such
Services, including, but not limited to the scope, compensation and schedule for
performance of those Services, a Purchase Order shall be prepared which incorporates
the terms of the understanding reached by the parties with respect to such Services.
Page 1 of6
It is mutually understood and agreed that the nature, amount and frequency of the
Services shall be determined solely by the County and that the County does not
represent or guarantee unto Contractor that any specific amount of Services will be
requested or required of Contractor pursuant to this Agreement.
4. The County shall pay the Contractor for the performance of this Work pursuant to the
quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the service offered under this contract,
provided sufficient funds are included in their budget(s).
Payment will be made upon receipt of a proper invoice and upon approval by the Project
Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise
known as the "Florida Prompt Payment Act".
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Resource Restoration, Inc.
2081 SE Ocean Blvd., Suite 2B
Stuart, FL 34996
Attn: Brian Proctor, President
Telephone: 772-286-0430
Facsimile: 772-286-0112
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement
must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
Page 2 of6
6. 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. 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 all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
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 as per this Agreement, the County may
terminate said agreement immediately 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, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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.
Page 3 of6
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
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 thirty (30) 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/Vendor/Consultant 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/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant 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.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Transportation Stormwater Department.
13. 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.
14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, Bid/RFP #08-5017
Page 4 of6
15. 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.
16. 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.
17. 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 D.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.
18. 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.
19. 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.
20. 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.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
Page 5 of6
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.
ATTEST: ,
I', . ';; _
Dwight -KBrbck; Clerk of Courts
By: ~. .' \J~-
Dated?~!{
Attest .t'U-~t~..
slgltltwt ocal',:DH .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
.
Resource Restoration, Inc.
Contractor
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BRIAN PROCTOR /
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PRESIDENT
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Page 6 of6
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A CORD,. CERTIFICATE OF LIABILITY INSURANCE T DATE (MMt'DDIYYVY)
2/20/2008
PRODUCER (561)746-4546, Fax(561)746-9599 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AN[) CONFERS NO RIGHTS UPON THE CERTIFICATE
Tequesta Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, eXTEN D OR
218 S. US Highway One,Ste 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Teen lesta FL 33469 ._---~-- J~SURERS AFFORDING COVERAGE NArC #
INSURED INSllRE~ A; Buds on Insurance Company
Resource Restoration, Inc. ~~~RER B;
2081 SE Ocean Blvd Suite 2B _!NSUK!::.R C:
INSURER D:
Stuart FL 34996 INSURER E'
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOvE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF A\IY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED ~~~~~~~IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIllONS OF SUCH POLICIES.
'"""~"';m;r"';"VO"n A . ==
INSR CO'L . POLICY EFFE~~ f>Ouc,r ~':IRA~~N --
"TYPE OF INSURANCe POLICY NUMBER DATE MMICC DATE MIODIY LIMITS
~NERAL LIABILITY FEC6112012 04/04/2007 04/04/2008 EACH OCCURR"~rl" S 1,000,000
X COMMERCIALGENE;RAI.. LlA81UTY ~~~I~~;r<:'RENTED S 50,000
A I CLAIMS MADE ~ OCCUR MED EXP 1M" one narsoo S 5~
f- PERSONAL & ADY.1NJURY S 1,000,000
f- iJi-E:NERAL AGGRE"'AT S 2,000,000
n'LAGG~EnE LIMIT An~ PER.: RRO~UCTS.COMPIOPAG~ S 2,000,000
PRO-
POLICY Jt'CT LOC
I-~TOMOBILE LIABILITY COMBINED SINGLE LIMIT S
ANY AUTO (Ea ac~joorIll
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f- ALL OWNED AJTOS BODILY INJURY
(Per person) S
f- SCHEDULED AUTOS
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OFFICERlMEMElER EXCLUDED? E.L. DISEA.SE - EA :::MPLOYEE $
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E.l DISEASE- PDIJCY L1MJT $
A OTHER Pol.lution Liabi.1ity I'l!:C6112012 04/04/2007 04/04/2008 Occurrence $1,000,000
Aggregate $2,000,000
DESCRIPTION OF OPERATIONSJLOCATIONSJVEHICLESlEXCLUSKlNS ADDEO BY ENDORseMENT/SpeCIAL PROVISIONS
Additional Insured as per endorsement FEI0104 319E and automati~ w&iv~r of subrogation as per endorsement FEI 0104
3208 for General Liability
CERTIFICATE HOLDER
CANCELLATION
Collier County
3301 E Tamiami Trai1
Naples, FL 34112
mrvbthparker@yahoo.com
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION OAlE THEREOF, THE ISSUING INSUReR WIU l:NDeAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTlFICATE HOLDeR NAMED TO THE LEFT, aUT
FAILURE TO DO SO SHALl-IMPOSE NO OBLIGATION OR UABILlTY OF ANY KINO UPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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MarX Kasten/GLORIA
ACOR[) 25 (2001108)
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@ACORDCORPORATION 1988
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Resource Restoration, 1 nc.
Endorsement Number: 7
AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT
This endorsement, effective 04/04/2006 attaches to and forms a part of Policy Number
FEC6106513. This endorsement changes the Policy. Please read it carefully.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract,
to provide a waiver of subrogation. However, this status exists only for the project specified
in that contract.
The Company waives any right of recovery it may have against the person or organization shown
in the above Schedule because of payments the Company makes for injury or damage arising out
of the insured's work done under a contract with that person or organization. The waiver applies
only to the person or organization in the above Schedule.
Under no circumstances shall this endorsement act to extend the policy period, change the scope
of coverage or increase the Aggregate limits of Insurance shown in the Declarations.
FEI-0104-320-E
Rug 29 07 05:35a
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IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsemeJit(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract bet\Neen the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
lN5025 (0108).08..
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Resource Restoration, Inc.
Endorsement Number: 6
AUTOMATIC ADDITIONAL INSURED -
OWNERS, LESSEES OR CONTRACTORS
This endorsement, effective 04/04/2006 attaches to and forms a part of Policy Number
FEC6106513. This endorsement changes the Poiicy. Please read it carefuily.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person(s) or organization(s) whom the Named Insured agrees, in a written contract,
to name as an additional insured. However, this status exists only for the project
specified in that contract.
The person or organization shown in this Schedule is included as an insured, but only with
respect to that person's or organization's vicarious iiability arising out of your ongoing operations
performed for that insured.
FEI-0104-319-E
From' 88&883-8680
To' 1-772.597-0284
P1j' 2/3
Dale' 211312008 3'09'25 PM
AiJUI'fL.( ~t:.K i 1t'I~A I t:. U't' LlAtslLl1 Y N~UKAN~t:. I 01/13/1008
PRODUCER (407)618-3441 FAX (888)883-8680 THIS CERTIFICATE IS ISSUED ABA MATTER OF INFORMATION
Lassiter-hare Insurance ONLY ANO CONFERS NO RIGHTS UPON THE CERTFlCATE
of Orange/Snjnole, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMENDLi?tlEND OR
ALTER THE COVERAGE AFFORDED BY THE PO saaow.
POBox 940159
ftlaitland, FL 31794-0159 INSURERS AFFORDING COVERAGE NAIC #
INSt.Iti;O Resource Ilestoratlon, Inc. lNSlRERA: Travelers Inde.nity Co of III
P.O. Box 1948 ...stJlERa AIIC-Associated Industries Ins
Indiantown, FL 34956 1NSUl8'l"
INSlflERO:
lNSLRER E;
THE POLICIES OF INSURANCE LISTED BB.OW HAVE BEEN ISSUED TO THE INSURED NAIlED AIlO\/E FOR THE POLICY PERIOD INDICATED, N01WITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUIIENTWlTH RESPECT TO v.ttICH THIS CERTIFICATE MAY BE ISSUE!) OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS All) CONDITIONS OF SUCH
~'iIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAl!) CLAIMS. POUCY ElCI'IlATION
r:r: D T\'PEDFINIURANCE POUCYNI.MlER POUCVEFfEC1NE L"""
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GEiERAL AGGREGATE .
GENt AGGREGATE LMT APPLES PER PRCOUCTS. COYPIOP AGG .
I POLICY n ~& n LOC
~OMOBILE LIABIlITY &41388L334 11/06/1007 11/06/1008 COMBfIED st.GLE It.1lT
~ ANYMO (Ea&C:Cidenl) . 1 000 001
- ALL OWNED AUTOS BODlLYtJ..u:lY
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SCHEDULED AUTOS (P8fpersonl
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~ HREO AUTOS BODH..YlNJ...R'{
(P$I'accidQnl) .
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(Peraccidlnl)
GARAGE LIA8lLITV AlJTO DlIl. y. EA AcaDENT .
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WORKERS COMPENSATION AND 1007336815 04/11/1007 04/11/1008 XI ,I 100');'-
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OFFlCERJMEtIflER EXCLUDED? EL DISEASE. EA EMPLOYEE . 1 000.001
~t1.:~~~:ONSbelOW E.L. DISEASE. POOCYUMT . 1 000 001
OTHER
DESCRPTION OF' OP:mNSloOCATJONSlVEHlCLES I EXC~ADDED8YEND0R8BENT~w.chR(MS1ONS
"Except 10 ys r non paYlHlllt 0 prnlu. - per ori a Insurance Regulations
CER ' UOLn~.. I..TIt\..
SHOlJLD Nf'( OF THE ABOVE DESCRIBED POLICES BE CNCE1.LEO BEFORE THE
EXPRATION DATE THEREOF,llE IS:StJING NSURERWLL EJoOEAVOR TO MAL
...JJ1.!.. DAYS WRITTEN NOncE TOlHE CERTFICATE HOLDa\ twlEDTOTHE LEfT,
Collier County Building Depart.ent BUT FAILURE TOMU. SUCH NOnce SIW..L IMPOSE NO OBLIGATlON OR UABlJTY
3301 E. TiUljiUli Traj 1 Of 1M'( KIN) UPON THE INBl.It&R.lTS AGENTS OR REPRESENTATIVES.
Naples, FL 33961-4977 A.UTHOfVZED REPRESiNTAT\VE
Chdstooher ftlc:C1ain/SANDIG'.
ACORD 2S (2001108)
OACORDCORPORATION1MB
From: 888-863-8680
To: 1-772-597-0284
Page: 313
Date: 2113/2008 3:09:26 PM
IMPORTANT
~ the certificate holder is an ADDmONAL INSURED, the poIicy(ies) must be endO<Sed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
~ SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endolsemenl A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constibJte a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does ~
affirmatively or negatively amend, extend or a~er the coverage afforded by the policies listed thereon,
ACORD 25 (2001108)
EXHIBIT A -1 Contract Amendment # 08-5017
"Annual Contract for Countywide Exotic Vegetation Removal"
This amendment, dated , 2008 to the referenced agreement shall be by and between
the parties to the original agreement, Resource Restoration, Inc., to be referred to as "Contractor"
and Collier County, Florida, to be referred to as "County".
Statement of Understanding
RE: Contract #08-5017 "Annual Contract for Countywide Exotic Vegetation Removal"
The following change to the above referenced agreement has been mutually agreed to by the
Contractor and the County: The additions to the existing language in the Agreement are shown
herein by underlining; deletions from the Agreement are shown by strikethroughs.
3. COMPENSATION: As the County identifies certain services it wishes Contractor to
provide pursuant to the terrns of this Agreement, the County shall request a quotation from
one or mOre Contractors all of the firrns under contract for such services, said quotation to
be in compliance with the terrns of this Agreement. If the parties reach an agreement
with respect to such Services, including, but not limited to the scope, compensation
and schedule for performance of those Services, a Purchase Order work order shall
be prepared which incorporates the terms of the understanding reached by the parties
with respect to such Services.
All other terrns and conditions of the agreement shall remain in force.
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(s) indicated below.
Accepted: U,-A.J \ '-6
,2008
CONTRACTOR:
Resource Restoration, Inc.
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By: ~~i~
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Print Name and Title
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OWNER:
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,f9n.4turt~ j.
BOARD OF COUNTY
COMMISSIONERS
COLLIER C NTY,
~ved as to for)' aj
egal s1l;( ;f~L
ssistant County Attorney