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#08-4197 (Enviromental Mowing, Inc.) A G R EE MEN T08-4197 for Nuisance Abatement Services THIS AGREEMENT, made and entered into on this 26th day of February, 2008, by and between Environmental Mowing, Inc., authorized to do business in the State of Florida, whose business address is 445 -18th Avenue SE, Naples, Florida 34117, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on February 26, 2008, and terminating on February 25,2009. 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 three (3) additional one (1) 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 provide invasive plant removal and additional services, as Primary awardee, in accordance with the terms and conditions of Bid #08-4197 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. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price. Any county agency may purchase products and services 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". Page I of6 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 Mowing, Inc. 4145 -18th Avenue SE Naples, Florida 34117 Attention: KennethJ. Parker, President Telephone: 239-825-4321 Facsimile: 239-455-2777 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County GovefIUllent Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: 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. 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 Page 2 of6 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. 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. Page 3 of6 There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement 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 #08-4197 Specifi- cations/Scope of Services and Addenda. 15. SUBTECT 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 Page 4 of6 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. Page5of6 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. ~\L:JF A,' AT<i.P:EST: ". C;" . .. "'.<:" E?wight R' .?r~)Clt~,Clerk of Courts - ., , .,--' ! (r, J?Y::~; . Bated: 3 '/. Atttrt'i . s 1000atlN 0.1- d j) ij,' l 2. )/ J C'~d ,^,tth. L-r W\.~(..J--" First Witness (1,< Is n "ff) (v), t~,< K ~-R. tType/ pr~nt wiiftnessrmet /JJ--, -4/ ' /0-(_~c.. /' _ / - Second Witness mfiK/}/\/ >> f-;IJLI~/\/ . tType/print witness namet Approved as to form and legal sufficiency: Print Name Page 6 of6 By: Environmental Mowing, Inc. Contractor By: ~~f!:t, 124- SIgna re kc-AiN[7H J. r~i!k02 .:ktc'J:/MrJ'7 , Typed signature and title U3/17/2008 16:23 FAX 2393483994 CARR AND ASSOC 141002 CER~IFIC~JE OF LIABILITY 1t~,~URANCE ".,_,_~ DA~~~~~ THIS Cl!RTlPlCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONPIRS NO RIGHTS UPON THI CERTIFICATE ... I ~N~;~:~F:~~~~~:.~!~~~~~Trt~~~~f;:,::R -t'N~!!ai!l.A: First Comm.~!~i!l,U!,!~rance Co. .., INSURED Environmental Mowing Inc 4145 18th Ave Se INS!J.BmB;_oo.__... il'I U"ERC" ...,. ..___..., NAPLES, FL 34117- UR R : "I n.. .... 'NJ!!.~ER E: COVERAGES INSURIR F: . THE POUCIES Of INSURANCE LISTED HAVE"BIEN ISSUED TO TiiE"INSURED NAMED A80Vl FOR THE POLICY PERIOD INDICAliri, NOlWITHSTANDlNG--'-"- AIf'( RIQUIRE!.IENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATI! MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO 8YTHE POLICIES DESCRISEO HEREIN IS SUBJECT TO ALL THE TERM8, EXCLUSIONS AND CONDITIONS OF SUCH POlJCIES:..Jl\OOREGATlI LIMITS ,!lHOWN MAY HAVI.iI~EN. REDUCEO IlY PAID C~!M.~: _,__,. .. INSR =L ",!~OFIN.URANeE POt.tCYNUMBER PO y~~{ .~~M~ON LIMITS GENERAL UAlIIUrv EACH OCCURRENCE OCO,...ERCIALG&NlRALLIABILI1Y =<i.U?':~~1 -'I ..__, 00 C1./\IMSMADE 0 OCCUR M&DEXPIAnyonopo,..,n) r= A 0 ~ 00__ 1~i.::~~t~~~~i;tY..~.~- OeN'L AGGR':!2ATE LIMIT APPLies peR;' "F_~~~~CTS. ~COMPf~~~~~'+~=__,., O,POUCY UPROJECT ..I;:J LOC,___._i "'_ '..,..___,.. AUTOMOBILli LJAalUTY COMBINED 8INGLa: LIMIT o ANY AUTO .cEo -doIl,9.. o ALL OWNED AUTOS BDDIL Y INJURY o 0 sCHlODULED AUTOs (P.r p.rson B~- ~- NON OWNED AUTOS (Per ._.fll) o o GARAGE LlAIIIUTY o 0 ANY AUTO Q"...,., Carr & Assooiatea 473S Santa 8arbara ElQulev.reI N.ple~, FL 34104 Pho,," (239)348-3555 ,..F.~ (23!~48:3994. ~ ACC>RLI .Ii...... __ PROOUCI!R exCESS/UMBRELLA LIA8ILITY o OCCUR 0 C1./\IMS MADE o PROPERTY DAMAGE (~!~ ......nL AUTO ONLY" EA ACCIOENT OTHER THAN EA ACC AUTO ONLY, ___h.'___ EACH DCCUR!!~NC.~ ,.,' AGGREGATE .'--'''''_'' _. "'.___...h_.' o DEDUCTIBLE o RETENTION $ ..n,_,_ . ~~~~~~noNANO T80 'I03f.171OB'- 0311710'9-'... OJ:s~'t~~~ngt. A lUff PROPRIETOR I PARTNER I EXECUTIVE ~,~y..~<<~.!!~!~!!!_,_..,.. ~;~~~~~u::.~ EXCLUDED? Yes EL,gl!...~,:"EA .EMPLOY?E s "'.~ ~,ROV).SIONS below ..._.. .,...._.. "'Hn . ,&,L, DISEASE. POLlCYLIMIT ." OnwR'__"_dOO_"_ . ,____.__.. _.=:~'r.-,~n,_~ DESCRIPTION 0' OPERATIONS I LOCATIONS I VEHICL.., exCLUSIONS ADDED BY ENDORSBMENT I SPECIAL PROVISIONS S'xcludecl Partners: Kenneth J PBrker and Cristina M Parker 500,0.00 500,000 5.o.0.~..Q ---,- CANCI!LLA TlON --.-- ...- -... CERTIFlCATli HOLoeR Collier County Government Center PurChasing Depilrtmenl-PUrcl1ulng Building 3301 Tamieml Trail 5aat Neples, FL 34112 , I ACORD 25 (2001/08) QF 'HOULD I4HY OF TH" ABOVl! DI!&CRI...., POLICIU ae CANCEU..l> 8.'ORII THII iXPIRATlON DATE THERiOF. THE ISSUING IN.URM WII.l. _VOR TO MAlL 20 DAYS WRITTEN NOlle. TO THE CERTlFICAT& HOLOeR NAMED TO THE'LEFT, BUT FAILURE TO DO so 'HALL IMPOSE NO OBUGATlON OR LlAllIUTY OF ANY KIND I)'ON THE INSURER. ITS AGBNTS DR REPREllENTA TlVI!S, . AiiTHORIZEO"If'RESENTATIW-." "~_MM__"'~_ _...L .lIt ~"- - --'=dicORij(:o~PORATioN 1988 03/17/2008 16:23 FAX 2393483994 "'too: 3{1712008 03:54I"M CARR AND ASSOC $ender's ~ax 10: OIll;On .& OiNuntlo Ins CERTIFICATE OF INSURANCE IaJ003 t"ilSJo,:; ~ The company Indicated below c~rtiftes that the insurance afforded by the policy or policies nlR1lberlld and descrlbe<l b~law 15 In force lI$ of the effectIve <:!<It. of thi. certificate. This CertIficate of Insurance does not amend, extend, or otherwlse altor the Tem; and CondItiOns of Insurance coverage contained in any policy nuntered and described below. CERrIF1CATE HOLOER: COLLIER COUNT'I PURCHASING OEPT 330l TAMIAMI TR E ~PlES, FL 34112 IIISI.IREO: ENVI RoNM~T AL HOWl NG I NC 4145 18TH AVE SE NAPLES. FL 34I17.9175 I I , I I I I I I I I I I [ J Other LIabilIty I I I I I I I I I I I I r J Umbrella Form I I , ( ) Work~rs' , Compensation I anc:l I [ ) Employer.' I Llabll ity I Shauld any of the above descrlbod policl85 be cancelled before the expIratIon date. the Insurance canpany wIll mail 30 days wrItten notlco to the above _ certifIcate hold.r. I lYPE OF INSURANCE I lIABILIlY I [X) Liability and I Medlc.l Expense I (X] Personal and , Advert15ing Injuryl (X) Medi "" 1 Exp."".... I (X] FIre Legal I l1abl11ty I I I I AlJ'T<>>IOBILE LIABILITY I ( ] BUSI NESS AllTO I I I I I I I I I I I I I I I ( ] 1JIo.n8<l [ ) H1red [ ) Non-OImed EXCESS LIASI LITY I I , ..000.000 I I 1.000.000 I I 5.000 r lOO,OOO I I 2.000.000 I 1.000,000 , I I I I I I I I I I I I I , I I I I I I I DESCRIPTION OF OPERATION5/LOCATIONS VEHICLES/RESTRICTIONS/SPfCIAL ITEMs STEVE CARJlElL CERT HOLDER AlSO LISTED AS ADOITIONAl INSURED POLlCY HUMS_R & ISSUINS CO, 77.AC.826130'3001 NATIONWIDE MUTlJAl INSURANCE CO. , POLICY I POLICY I IEFF, DATE IEXP. DATE I I 01.27.08 I 01'27-0~ I I I I Any One Occurrenc......... $ I I I I I I Any One Person/Org '...... $ I I I I I I ANY ONE PERSON ......,.... $ I , I Any li1e Fire or Explosion $ I I I I I I Senera 1 Aggregate* ...,... $ I I I Prod/Comp Ops Aggregat.* , $ I I I I I I I I I Bodfly Injury I I I (Each Per.on) .......... $ I I I (EaCh Accident) .......' I I I I Property 0."'9. I I ,(Each Accident) ........ $ I , I Comblnl!d SIngle LImIt .... $ , I Each Oecurrllflce .......,.. $ I I Prod/Coop Ops/Oisease I I Aggregate* ............, $ I I STATUTORY LIMITS I I BOOILY INJURY/ACCIOENT ,.. S I I Bodily Injury by Ois"".. I I EACH EMPLOYEE ........., $ I I Ilodily Injury by Ofs.... I I POLICY liMn ........... S lIMITS OF LIABILITY (*LIMITS AT INCEPTION) Effective Oato of Certificate: 01.27.2008 Date Certificate Issued: 03'17.2008 Authorlzl!d Representative: PHIL DINUNZIo Courrt.rs 1 gn8<l at: 2536 NORTHBROOKE PLAZA OR NAPLES. FL 34119 Ma r, IS, 200S 9: 12PM No,4059 p, 1/1 ACORD ?:~Z:;~~ ~::J";~'~~~~~'-'~I~~'~~.~f ~~:r,~r'r;:::;~t~~~:) ,~'i~; "r' ~_, ,I.. _ ~ __1. _,l:,," ~.~ _.....,.~-..,;\J"'_ h ...!~.A """d '~J, .~^' _.:cd j >~J~. _ <_' ~ ~J ~'.~~~"l:;'...._ Lll.ill..':&~....~' 'I oA-re: (MMIOOJYY) 3/11112008 THMO CER,TFICAT& IS ISSlJ&D AS A MATTER OF INFORMATION ONLY AND CONFiRS ~TS UPON THE ceRTIFICATE HOLDER. THIS CErmFlCATE DOES NOT AMEND Ii:XTENP QR ""TEfl. THi I;QWAAGIii: ~ all' THIE P(M.tOIIi!$ Bli;r.ow. pltODVeEIl. Steve Roe Allstate Insurance Agency 5628 Strand Boulevard, Suile 2 Naples, FloridaS4110 F"hot'le 239.593-7333 Fax 239..s93-7334 Toll Free 877-744-1(178 COMPANIES AFFORDING COVERAGE I"'!!URED KENNETH PARKER 4145 18TH AVE SE NAPLES Fl34117 COMPANY ALLSTATE; . COMPANY . COt-lPANV C COMPANY D THIS IS TO C8ITINTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN Il3SUEO'l'O lHE I SiJ eD P(AME A FOR TI-l OLlev PI;RIOD IN ATI;D, NO ANDIN ANY REQUIREMENT. rel\M t)~ CONDITION OF ANY CONTRAcT OR OTHER DOCUMENT WITH RESPECT TO WHICH THf5 CERTIFICATE MAY BE ISSUED OR rMY PERTAIN.' THE INSvRANC AJ=mROED BY 1').11;: POUCIES Dl!SCRI8ED Hl!"EIN 15 5U8JEc.TTO AlL THE n:.!l:~S. EXCl.USIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE. BEeN REDUCED S PAID CLAIMS 00 ,~ 'l'T'P!OFINlUIWfC'E ,."....,y-~ I'O~""'~ ~LIIlY~-"'TlQIl ,-~ DATE(MMItlDm') -,~ GCNeR,Al.A ,,,,,,, PFroDUCTS - COMP!OP IilER,SONAl OVINJUR El\CH ocCul'I.RENC' FI~EDAA1AGI: ... IoEDEJ<P(A/1yone~} 38B0785727l1 3118/06 3/18109 COMBI~EO SINGLE LIMIT 2005 DRJ500 VIN-2:l18G eoC1lLY1NJURY $500,000 I $500,000 jP"'p"ISOIlIPQfllWdwlll GEIlilW..llqll,llY x cO......EflClAt. GEI'IEIW. '"" CLAIM8MADE ~~ OWNER'.s&COlllffillCTO~S PII.OT ALLSTATE AUTOMOBILE LIABILITY Al'ff-'lJTO ALL OWNED ~UTo.s X SCHEOVLED AlJTO$ HIRED AUTOS PROf'ER,7Y o,ouu,GE $500,000 NON-<:1NNEO AVTO$ I.4EOICAl PA"","NT $5,000 GARAGE lIABlUTY ANY AUTO AUTO ONLY. E^ OTHER THAT AUTO .~~~,'{' -':D~;'7:;j EACH ACCIOENT AGGREC3A.TE EACH OCCURRENCE AGGIl.E13ATE WORKERS COMPI!NUTlON ."" EMPLOYI!RSLlAlLlTY TA"1J'I'0AY """ THE PROPRIETORI PARTNEl'I.SIEXtECUTlV EOfFlC'ERll'ARE: o , INCl El EACH ACCIDENT """ ELDlSEASE.POLICY e~ 1]1$E"6E- EA DI!K:RlPTIOH 0.' oPiRloTlON!ItLOCAnoNlllVEHlCLE>>ISI"ECIAL ITEMS COLLIER COUNTY GOVERNMENT IS LISTED AS SOTH A CERTIFICATE HOLDER AND AN ADDITIONAL INSURED FOR THIS POLICY. ~~""~'.:-\T~~~:'f"'~~--,~(~" .';. ~,- ,"-~~~~~~~;~~~r~~~\,,,,;,,,,,,,.,, ~""~VM h' __, ~,_~ _.......~_~_ ~ ._ ", _ _....-::::-;:;J.'.~"""'~~..., ~ ."'-"<l_">-- "'''"i'''''...'''''\F.......~..".=..."..,''''-''.:... COLLIER COUNTY GOVERNMENT 3301 E TAMIAMI TRAil NAPLES, Fl34112 ATTN: BRENDA BRllHART sHOuLD AMY OF TI-II! AHOY!!: DESCRIBED POLICIES BE CANGELLEO BEFORJ:i "n11ii EXPlIUoTlON DATE nUiR,EOJi, THE ISSU~O COMPANY WILL e~DEAVOR TO MAl :lD DAYS W!l:lneN NOTIOE TO nti l;irmf,c~'S; H01.DER, NMUiD TO THE I.EFT HUT """'fAiLURE TO MAlL SUCH A Ncrnee $HALL IMPOSE NO OBUGATtON OR LIABILITY 0 MY ~lNO UPON 1'H1; COMP>"NY, ITS AGI!!:NTS OR REPRESENTATIVES. AUI~DItl! EtENTA,M;