#08-4197 (Ecosystem Technologies, Inc.)
A G R E EM E N T08-4197
for
Nuisance Abatement Services
THIS AGREEMENT, made and entered into on this 26th day of February, 2008, by and
between Ecosystem Technologies, Inc., authorized to do business in the State of Florida,
whose business address is 2223 McGregor Boulevard, Fort Myers, Florida 33901, 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 lawn services, as Primary
awardee, and invasive plant removal and additional services, as Secondary 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 1 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:
Ecosystem Technologies, Inc.
2223 McGregor Boulevard
Fort Myers, Florida 33901
Attention: Jim Walsh, Vice President
Telephone: 239-337-5310
Facsimile: 239-337-4494
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
Attention: Steve Carnell, PurchasingjGS 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
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
Page 2 of6
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.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Page 3 of6
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. 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.
Page 4 of6
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 USe. 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.
, . r;ll:\r,
ATTEST:' '. () ~',.
Dwi t K Brock~-<;:lei _of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COU,Y, FLORIDA .
By: .J'f;1.
By:
cd
Dated: c
Attttt~~
~'qMture 001-
\;
,~jl/n
By:
f)
tType/print tness namet
~OOh R~
Second Witness
~\ob'C:on
('\ .
.~-Jo...l.l\o. fY\. .::roV'\(,s I Sf'. )
Typed signature and title
P""C..t l~.J-
C "'o.fl~M _ R. u...m,,~
tType/print witness namet
Approved as to form and
legal sufficiency:
~~s~::'
Print Name
Page 60f6
From: (941)747.9946
To: 1239-337-4494
Page: 2/2
Date 3/10/2008 11 :0337 AM
ACORD", CERTIFICATE OF LIABILITY INSURANCE 10002752 I OAT!; (U.MIDDIVYVY)
3/1012008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Risk Concepts Corporation ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
410 43rd street West Suite N HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Bradenlon, FL 34209 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phone: 1-877-746-2209 INSURERS AFFORDING COVERAGE NAIC#
INSURED Insurer A: Southern Eagle Insurance Co.
Administratjve Concepts Corp Reinsurer B' L10yds of London AA-1122000
406 43rd street West Reinsurer C: Aspen Reinsurance AA-1120337
Bradenlon, FL 34209 Reinsurer D: Max Re Bermuda AA-3190829
, Re:insur~r E: Odvssev Re 23680
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HERE1N IS SUBJECT TOAlL THE TERMS, EXCLUSIONS AND COODITIONS OF SUCH
POLICIES. AGGREGATE LlMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
iNSfifAcj6'qmunu munmuo__ ommm_o. mm___ _m. uouu..u m;~~I;;o~~~~~ mumu.'" 'P.?\~..~LEiW~E. Opg~N~JbRkJyoi,r unmmo - __..__nm nom~I~;;~nn omo nmnoumn...
io.~.~r~ERAL LIABILITY
: i COMMERCI,"",- GENERAL L1A81L1TY
-lm--] CM'G"IADE D CCCUR
~'i.A'-;GRF~L-::'f,I.IMIT :'\P~,S PF.R.
\ ! :='CJUC'r I I P.f;9r I ! I.lle
: AUTOMOBILE LIABILITY
ii ANY AI.:F'
~.
: i I\ll. \,'i"~IF:'D !'I,lITOS
n Sf;HE'::XILED'\UTr)$
~._---~
: 1 :-'IRFl),~uros
~----j
: ..u1 :'J0r'JoO\{vNED,'I,UTO$
+=L---------~-----~
~ GA~GE LIABILITY
~~ ANY 1'.1.:10
i
! EXCESS/UMMELlA LIABILITY
" 0
~.J ::K.C,UR L ClAIMSr,.IAf,If.
E/\CH OCC'U~RE~CE :;
oi.5i~):;:AG~-tOOREf.::o~i:Yo - _moo nom
J'B_;.''1L:2.~':;_(E;iU1S:"l)J-''!L1..(o~..L :;
MED FYI" f'v1ji 'J!"!S 08($011} ~
~.?(;NP-;"&P-D'/!I~..IJFd !;f
. C.EN;:::R~A.c-'-:;REGATE ;f
, PP~~;DIJ\-;~~ - '~l.~(!,/'-JF ~,0~":' f---L---
I
I
I
i
m~_~__
:::Oi",aINED SlN6LE LIMiT
:Eo 3cc,:h,r~~
\--~-,-
s
'I f:'.O:)IL"{ I~'UJR'{ ,;;
i'~~:~~~~~~-m-- :..._m.______.._
_m_____mf-__n____
PRC':?ERT '; DNvll\GE
(Psoe-:c;('Is.:1\J
. ___ _m___ __mj--______m_~m__
i\U"O ON;-'f-EAACCIDE.'-n $
OTi--lERTl-:N'J
AU:,) I)NL'(:
EAA.CC S
AGG S
,
,
,
,
:$
~!?C:.JRRfJ~Cf.
~~G~CRf.G":.I~
A
"
Hc')fDI)(Ttl,l.f:
: I :<:ETf.l\mOt\1 '"
WORKERS COM~NS.A nON AND
EMPLOYERS' LiABILITY
ANV'-'RO,1<I!:;:TORfPARTN-:=:RIEXECUTIVE
OFF:CF.R,WlfNfjf.>; f.X(J.l'OfO.'
IfYl>s.oj(lsco,hsun.j<'-f
SPECIAL PROVI3iQr,S bl?:o....
OTHER
Workers Compensation
Excess Coverage
-----.
-
Be
DE
I \,n,r':S"fA.TU. I ..:)TH.
_~___.LIQ8.'!_LMlTS_L___.LER_ .._..._____._..._.__ _________..
r.~c~'.~~~~:;~.~.~~~;~.,;:(.;- ~;--;-~~~~~~~~._...~..-..-.
1-'[ L DISEA:>E. POLICY L:MIT L 1,000,000
t-'Iease notetnat ~outnem I::.agle Insurance vompanynas relnsUreCllts labilities In excess of :ji2tlU,WU unCler t e poliCIes of
insurance listed above with undel'Nfiters listed A- or better at the time of placement ofsu:h reilsurance. Such reinsurance are
subject to their own terms, conditions and limits This is for informational purposes and nothing herein shall create any right
under such reinsurances.
I
WC0272682-00
1/112008
1/112009
OESCRlPTION Of OPERATIONS! LOCA,110NS JVEHlCLES' exClUSIONS AOOEO BY ENDORSEMENT/SPECIAL PROVISIONS
Coverage is extended to the leased employees of alternate employer (Florida Operations Only):
Ecosystem Technologies Inc
Effective: 7/22/2002 021900
DISCLAIMER: This Certificate of Insurance does not constitute a contract between 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 poicies listed thereon.
CERTIFICATE HOLDER
CANCELLATION
Collier County Government
Steve Carnell, Purchasing/GS Director
3301 E Tamiami Trail
Naples, FL34112
SHOULD ANY OF"THE ABOVE DESCfU8ED POLICIES BE CANCELLED BEFORE 'THE EXPIRATION
O.'l.TE n-iEREOF, THE ISSUING INSURER WILL ENOE.'l.VOR TO M.AIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLlGA110-N OR L1ABIUTY OF ANY K!ND UPON ~E Il"ISURER, ITS AGENTS OR
REPRESENTA TlVESo
AUTHORizeD REf"REE5ENTA 11'1t: "--.
Fax #
(941) 252-6584
,
<>___,).^~ ... l:>>'--~-
@ACORDCORPORATlON 1988
ACORD 25 (2001/08)
This fax was sent with GFI FAXmaker fax seNer. For more information, visit: http://\'VWIN.gfi.com
From:ALAN WILLIAMS @ ASSOCIATES
239 418 1164
03/10/2008 15:20 #647 P.001/00l
... I
.ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDfYYYY)
~ 03/10/2008
PRODUCER (239)418-1100 FAX (239)418-1164 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Alan Williams & Associates Inc. /11 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
13700-1 Ben C. pratt/ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Six Mile Cypress Pkwy
Ft.Myers, FL 33912 INSURERS AFFORDING COVERAGE NAIC#
INSURED Ecosystem Technologies Inc. INSURER A:. Ohio Casualty Group 24074
2223 McGregor Blvd INSURER B:
Fort Myers, FL 33901 INSURER c.
INSURER 0"
--
INSURER E
COVERAGES
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 ANY CONTRACT OR OTHE~ DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~.f: ~!I!I;} TIPE Of' INSURANCE POLICY NUMBER PQUCY EFFECTNE POLlCY EXPIRATION LIMITS
GENERAll1ABILlTY BK052666540 10/16/2007 10/16/2008 EACH OCCURRENCE , 1,000.000
~ COMMERCIAL GENERAL liABILITY DAMAGE TO RENTED , 100,000
I CLAIMS MADE [K] OCCUR MED EX? (Anyone person) , 10,000
A X Contractual Liab. PERSONAL & ADV INJURY , 1,000,000
-- 2,000,000
-::: --- - GENERAl AGGREGATE ,
GEN'L AGGREGATE LIMIT APPLIES PER PROOUCTS - COMPtOP AGG , 2 000,000
'[, .n"RO- n, ~'----.
POLlCY JEeT lOC
~TOMOBllE LIABILITY BAW52666540 10/16/2007 10/16/2008 COMBINED SINGLE L1MIT
(Eaaccjdern) ,
X ANY AUTO 1,000,000
~
AlL OWNED AUTOS BODILY INJURY
-- ,
SCHEDULED AUTOS (par person)
A - ~-
- HIRED AUTOS BODilY INJURY
(PeracddiHll) ,
NON-OWNED AUTOS
-
- PROPERTY DAMAGE ,
(Peraccldent)
~~GE UABILtTY AUTO ONLY. EA ACCIDENT ,
ANY AUTO OTHER TI-lAN EAACC ,
AUTO ONLY: AGG ,
=S~SSJUMBRELLA LIABILITY EACH OCCURRENCE ,
OCCUR 0 ClAIMS MADE ~~ATE ,
,
-.-
~ ~EDUCTlalE ,
RETENTION , ,
WORKERS COMPENSATION AND I T'1.~mIU~ I IO,;~-
EMPLOYERS' LIABILITY E.L EACH ACCIDENT
ANY PROPRIETORIPARTNERlEXECUTlVE ,
-"
OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $
~~b~t'~~~vl~ONS below E.L DISEASE - POLlCY LIMIT ,
("~THER . & BK052666540 10/16/2007 10/16/2008 See policy schedule
Lommerc,al Property $250,000 Value Rented/Leased
A Inland Marine
$500 Deductible
DEfcRIPnoN Of OPERATIONS I LOCAll0NS I veucl..l:!S I ~CLU8IONS ADDED BY ENDORSEMENT I SPt:CIAI. PROVISIONS
o lier County ;s included as ad itional insured with respect to General Liability.
ER
C T
H
C
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE GANCELI.EO BEFORE THE
EXPIRATION DATE THEReOF, THE ISSUING INSURER 'MLL ENDEAVOR TO MAll
~ DAYS WRITTEN NOTICE TO THE CERllFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAlL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KINO UPON THE INSURER, ITS AGENTS-OR REPRESENTATIVES.
AUTHORIZED REPRESENTATTVE...
Jeff Williams
Collier County Government
3301 E Tamiami Trail
Naples, FL 34112
ACORD 25 (2001/08) FAX: (239)252-6584
D~:; StcuEC- [o.vru>.(1
-=-'~~",~:,
<:'1.)
:l};}
--