#08-5017 (Enviro Aquatic Control)
AG R E EME NT08-5017
for
Countywide Exotic Vegetation Removal
THIS AGREEMENT, made and entered into on this i 11-" day of tVla.rd, I 2008, by and
between Environmental Aquatic Control, Inc. authorized to do business in the State of
Florida, whose business address is 429-10th Avenue West, Palmetto, Florida 34221,
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 I 01'6
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:
Environmental Aquatic Control, Inc.
429-10th Avenue West
Palmetto, FL 34221
Attn: Michael A. Burton
Telephone: 941-722-0367
Facsimile: 941-575-2267
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 201'6
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., 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 301'6
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 01'6
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 U.s.e. 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 01'6
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:
~co"'"
~~~:' '. ..../.; .'. /7/ ~-
~(SEAL) '.;'~ ','
Attestis to'~t'" .
Slflll.t~.~I. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.
By:
Environmental Aquatic Control, Inc.
Contractor
C \. \3C C ': "l~s'\---( 0~~ '--~
First Witness
By:
~/
, ./~'-.
//(/ \
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Signature
/
Carol Kinqsley
lType/printwitness namet
A~~~~itn~~~
Michael A.G. Burton, Vice President
Typed signature and title
Julie Cole
tType/ print witness namet
Approved as to form and
legal sufficiency:
~~~
Assistant County Attorney
&;tleen tf/I, (JyeenL-
Print Name
Page 6 01'6
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
OP 10 DATE (MM/DOfVYYYJ
WILSO-l 02/11/08
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Insurance and Risk Management
Services, Inc.
8950 Fontana Del Sol Way #200
Naples FL 34109-4374
Phone:239-649-1444 Fax:239-649-7933
WilSOnMiller Inc. &
Environmentai Aquatic Control,
Inc.
7309 Merchant Court, Ste. A
Sarasota rL 34240
i INSURERS AFFORDING COVERAGE , NAIC #
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i II'bUf-.'I::._~~~_:r:~CilIl GUilr~h.. & L~.i1bility _~_~47 _
IN"'URf'<C' Zenith Insurance Company 13269
'1IE,IJ~~-;~;;:~itY I: Co or I' AmeriCa" ------r---23620
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IN,,;,URER J Zurich JlJl.el:'ican Inau",ance Co ,
INSURED
1,'6URF'<F
COVERAGES
THE POLlCIE::, 0F Ir.SURMC[' l ,'"ED 8El'jW rif'VE BEEN ISSUED TO ThE 1'.SUREc- NAr-tED ABO\!': ,(JR THE P'::U=Y F'cRlr)D II'JrlIU,TEL' ,~,~, T,N ITH3T ,\j\JD Ir..G
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LTR NSR TYPE OF INSURANCE POLICY NUMBER LIMITS
GENERAL LIABILITY LEACH OCCLlRRENCE $1,000,000
1- 10/01/07 10/01/08 I L,/,IVf-'-'''L I J "Lj~ 'CU $ 100,00_0 ---
A X X ':OM",EFCIAL '.EI-<f::>"Al cIABIl.ITt CP027B023706 ~~~IS[3 ([~_~ccurence:
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GEr;'L A(,GREGAT, LIMIT AF-LICC, F'ER PRODUCTS ,:J~11P!OP ASG $ 2 ,.000 ,000
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P~LICY X ,If,-_"T Loe IEmp Ben. 1,000,000
AUTOMOBILE LIABILITY ,-,:lMEJINE[> :~INGLE LIMIT
A XI ANY AUTC\ CP0278023706 10/01/07 10/01/OB ,EaaLcl(len1l 11,000,000
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EXCESSIUMBRELLA LIABILITY EACH 0CCURREr.::::E $5,000,000
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C 1,000 DED* *2,500 DED
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
Project: Contract #OB-5017 "Countywide Exotic Vegetation Removal" ; Collier
County, its officers & employees are added as Additional Insured as respects
General Liabili ty per forms CG 2010 07/04 and CG 2037 07/04 and coverage is
Primary and Non-Contributory; Waiver of Subrogation as respects General
Liability and Workers Compensation.
CERTIFICATE HOLDER
CANCELLATION
COLLC1B SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Government DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAil 30 DAYS WRITTEN
-
Purchasing Dept & Building NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
Steve Carnell, Purchasing IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
3301 Tamiami Trail East
Naples FL 34112 REPRESENTATIVES
1(- ~ SENTATI~~
,
ACORD 25 (20011081
@ACORD CORPORATION 1988
POLICY NlJI\1BER: CP0278023706
CO.\1MERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES TIlE POLICY. !'LEASE READ IT CAREFULL Y
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Ore:anization:
PROJECT: CONTRACT #08-5017 "COUNTYWIDE EXOTIC VEGETATION RE.\10VAL"; COLLIER
COUNTY. ITS OFFICERS & EMPLOYEES; COLLIER COUNTY GOVERNMENT CENTER, PCRCHASING
DEPARTMENT - PURCHASING BUILDING, 3301 TAM lAM I TRAIL EAST, NAPLES, FL 34112 ATTN:
STEVE CARNELL, PURCHASING/GS DIRECTOR
I Informati~n required to compl~ie this Schedulc. if not shown above, will be sho'wn in thc Declarations.
Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)
shown in the Schedule, bul only with respect to liability for "bodily injury" or "property damage" caused, in whole or
par~ by "your work" at the location designated and described in the schedule of this endorsement performed for that
additional insured and included in the "products-completed operations hazard".
CG 20 370704
@ ISO Properltes, Inc., 2004
-_.'_~_"_"'"_'~""_._--,_.~---,--_.__.,--_._-
POLICY NUI\1BER: CI'0278023706
CO:vIMERCIAL GENERAL LIABILITY
CG 20100704
TIllS ENDORSEMENT CHANcES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COlvlMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
PROJECT: CONTRACT #08-5017 "COUNTYWIDE
EXOTIC VEGETATION REMOVAL"; COLLIER
COUNTY, ITS OFFICERS & EMPLOYEES; COLLIER
COUNTY GOVERNl\fENT CEl'<'TER. PURCHASING
DEPARTMENT - PURCHASIl\G BUILDING, 3301
TAMIAMI TRAIL EAST. NAPLES, FL 34112 ATTN:
STEVE CAR:.JELL. PURCHASING/GS DIRECTOR
Location s Of Covered 0 erations
AS REQUIRED BY WRITTEN CONTRACT
Information re uired to com lete Ihis Schedule, if not shown above. will be shown in Ihe Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
wiIh respect to liability for "bodily injury". property
damage" or "personal and advertising injury"
caused, in whole or in part. by:
1. Your acts or omissions: or
2, The acts or omissions of Ihose acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the locations(s) design-
nated above.
CG20 10 07 04
B. WiIh respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily Injury" or
"property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work.
on the project (other Ihan service, maintenance
or repairs) 10 be petformed by or on behalf of
lhe additional insored(s) allhe location of the
covered operations has been completed: or
2. That portion of "your work": oul of which the
injury or damage ariscs has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in peIt'onning operations f'or a principal
as a part ofthe same project.
@ ISO Praperlles, Inc., 2004
Page 1 of 1
POLICY NUMBER: CP0278023706
COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULL Y
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under tlle following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
^ Nam~ ofP~rson or Oq~anization:
PROJECT: CONTRACT #08-5017 "COUNTYWIDE EXOTIC VEGET AnON REMOV AL"; COLLIER
COl WY. ITS OFFICERS & EMPLOYEES; COLLIER COUNTY GOVERNI'vIENI CENTER. PURCHASING
DEPART:\1ENT - PURCHASING BUILDING, 3301 TAMIAMI TRAIL EAST. NAPLES, FL 34112 ATTN:
___~--,~TEVE <;:ARNELL. PURCHASING/GS DIRECTOR____ ,_
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV _
COMMERCIAL GENERAL LIABILITY COl\l)ITIONS) is amended by the addition ofthc following:
We waive any right of recovery we may have against !he person or organizalion shown in !he Schedule above because
of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract
with that person or organizaIion and included in the "products-completed operations hazard". This waiver applies only
to the person or organizalion shown in the Schedule above.
CG 24 0410 93
@ Insurance Services Office, Inc., 1992
TheZenith
rFoR"M NUM-SE-R---
COpy ONBIl(COMPENSATlONANDEMPLOYERS :
LIABILITY INSURANCE POLICY WC-OO-03-13
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payment' from anyone liable for an injury covered by this policy. We
will not enforee our right against any person or organization for whom the Named Insured has agreed
by written contract to furnish this waiver. (This agreement applies only to the extent that you perform
work under a written contract that requires you to obtain this agreement from us,) The charge for this
endorsement shall be 2,0 percent OftllC policy premium.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement. is issued subsequent to preparation of the pol1cy.
Endorsement Effective 10/01/07
Policy No. Z06936110l
Insured WILSONMlLLER. INe.
Policy Penod 10/01107 to 10/01/08
Issued on 09/26/07 rl
(Ed 4.98)
ZENITH INSU
\
'. 'OMPA~145
11
Countersigned by
At Sarasota. FL
EXHIBIT A -1 Contract Amendment # 08-5017
"Annual Contract for Countywide Exotic Vegetation Removal"
This amendment, dated AJIJI l ~ , 2008 to the referenced agreement shall be by and between
the parties to the original agreement, Environmental Aquatic Control, 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 5trikethroughs.
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
ORe or mere CeRtractors all of the firms under contract 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 Parefla5e Order work order shall
be prepared which incorporates the terms of the understanding reached by the parties
with respect to such Services.
All other terms 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: rVo II o--J)~ Cg
,2008
By:
Authorized Signatory
(1 (c:.(+A'l.~.4(; TJv(2.:r~~ c<r..- \1Z"'''''l>,~-r
Print Name and Title
V
A TTE$.'0.' '. ;'" .
~~W:"?O~~L
Dwi{!jjt E. Brock, CI~." k .
~~st a~, ,t.if CI1~ IN4Il ,
I ~~tllr. oR."
OWNER:
BOARD OF COUNTY
COMMISSIONERS
COLLIER C NTY