#07-4181 (Amera-Tech, Inc.)
A G R E E MEN T 07-4181
for
"Landscaping for Public Utilities Division Facilities"
THIS AGREEMENT, made and entered into on this 25 day of March 2008, by and between
Amera-Tech Inc., authorized to do business in the State of Florida, whose business address is
17473A Jean Street, Ft. Myers, FL 33967, hereinafter called the "Contractor" (or "Consultant")
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. The Contractor shall commence the work approved the Board of
County Commissioners described as one time site repair requests and special
assignments.
This Agreement shall commence on the date of the issuance of a Purchase Order
The contract shall be for a two (2) year period, commencing on March 25, 2008, and
terminating on November 30, 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 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 provide Landscaping for Public
Utilities Division Facilities (Area 3) in accordance with the terms and conditions of
BidfRFP #07-4181 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 pursuant to the unit price schedule offered by the Contractor in his bid,
together with the cost of any other charges/fees submitted in the proposal. In addition,
the Contractor hereby agrees that any requested parameters or items not included in
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the bid schedule shall be performed at a discount of 30% from the Contractors
prevailing retail price list at the time of the order. In such instances, the Contractor
shall submit a copy of the appropriate pages from said price list with the invoice for the
non-bid items. 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:
Amera-Tech, Inc.
17473A Jean Street
Fort Myers, FL 33967
Telephone: 239-561-9184
Facsimile: 239-561-9478
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.
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.
Page 2 of6
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 $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. 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.
Page 3 of6
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 Purchasing 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 #07-4181 Specifi-
cations/Scope of Services and Addendum/ 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
Page 4 of6
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.
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.
Page50f6
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Page 6 of6
BOARD OF COUNTY COMMISSIONERS
COLLIER C~NTY, FRIDA .
By:,J<fJ1-.-'
Tom Henning, Chairman
Amera-Tech, Inc.
Contractor
By:
(i)JJ!L I 7/i1
Signature
Do.ie L LLh t (}\A!ney
Typed signature and title
amerait h.
ec ,1ne.
17473 ^ Jean Street
Fort Myers, FL 33967
Phone: 239-561-9184
Fax: 239-561-9478
_.~,,";"
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January 17,2008
Lawn Maintenance Proposal
for
Landfills, Recycle Centers and Lift Stations
for
Collier County
Attention: Danette Huff, Landfills
Fax: 239-455-5051
Jim Gammell, Lift Stations
Fax: 239-591-1611
Jack Curran, Purchasing
Fax: 239-252-6596
Presented by:
Amera- Tech, Inc.
17473A Jean Street
Fort Myers, FL 33913
Phone: 239-561-9184
Fax: 239-561-9478
Dale L. Uh1, COO and Co-Owner
Service our #1 Product
Page I
1.
Lawn Maintenance for landfills and recycle centers
1.) One time cleanup of Eustis and Immokalee
. Eustis fenceline
. 13 acres Eustis mow
. 8.3 acre Immokalee hill
. ] 3.1 acres 3 Ag hills
TOTAL
$ 800.00
$ 650.00
$ 400.00
$ 650.00
$2500.00
2.) Lawn maintenance for landfill areas
. Eustis - 13 acres - 12x/yr $ 455.00 per mo.
. Immokalee -2IAacres -22x/yr $1375.00 permo.
. Naples scalehouse - 39x/yr $165.00 per mo.
includes shrubbery trimming and weed spraying
. Naples cells 3 & 4 - 35 acres - 22x/yr $] 925.00 per mo.
SUBTOTAL $3920.00 per mo.
3.) Lawn maintenance for recycle centers
. Naples Recycle - 39x/yr $ 395.00 per mo.
includes shrubbery trimming and weed spraying
. Cannes town Recycle - 24x/yr $ 450.00 per mo.
. Marco Recycle - 39x/yr $ 365.00 per mo.
includes shrubbery trimming and weed spraying
SUB-TOTAL $1210.00 per mo.
TOTAL $5130.00 per mo.
"
Page 2
II. Lawn Maintenance for Lift Stations (l08) - includes shrubbery trimming,
fence maintenance and weed spraying
I.) 59 Small lift stations $1416.00 per mo.
. I 8x/yr maintenance
. $24/month per new small lift station
2.) 33 Submaster lift stations
. 18x/yr maintenance
. $31.50/month per new submaster
3.) 16 Master lift stations
. 39x/yr maintenance
. $245.00/month per new master
TOTAL
$1040.00 per mo.
$4065.00 per mo.
$6521.00 per mo.
Page 3
,
.
.
PRODUCER Phone: 239-939-1010 Fax:
Tim Shaw Insurance Group Inc.
4091 Colonial Blvd. Ste 100
Fort Myers FL 33966
239-939-7172
DATE (MMlDDfYYYY)
12 10 2007
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLOER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ACORD~
CERTIFICATE OF LIABILITY INSURANCE
INSURED
Amera-Tech, Inc.
17473A Jean St.
Fort Myers FL 33967
INSURERS AFFORDING COVERAGE
INSURERA: FCCI In uran
INSURER B:
INSURER c:
~NSURER 0:
INSURER E:
NAIC'
0178
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 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 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.
INSR: ~~; POLlCY EFfECTIVE POLICY EXPIRA liON UMITS
POUCY NUMBER
A X ~NERALL1ABIt.rTY f;L 0006294-01 9/17/2007 9/17/2008 EACH OCCURRENCE 51 onn~noo
x.. t:3MMERCIAl. GENERAL LIABILITY PREMISES Ea oc " on nnn
_ CLAIMS MADE IX] OCCUR _MEDEXP1Anyoneperson) '5 000
- PERSONAL & ADV INJURY 51 000,000
~ i GENERAlAGGREGATE P ann nnn
;l'LAGG:E~ELIMIT AP~ ~ER: I PRODUCTS -COMPIOP AGG '2 000 oon
X POLICY X ~~ X LOC
A ~TOMOBIu;.LIABIUTY CA 0009500-01 9/17/2007 9/17/2008 COMBINED SINGLE LIMIT
L Am AUTO (Eaaccidllnt) $1,000,000
- ALLOWNEOAUTOS BOOlL Y INJURY
(Per person) .
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
(Pllraccidllnl) .
- NON-QWNED AUTOS
- PROPERTY DAMAGE .
(Peraccidllnl)
=rGEUABIUTY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EAACC .
I AUTO ONLY: AGG .
:::J~SSlUMBRELLA LIABILITY EACH OCCURRENCE .
OCCUR D CLAIMS MADE AGGREGATE .
.
=l DEDUCTIBLE .
RETENTION . .
A WORKERS COMPENSA.nON ANO 001-WC07A-58034 7/1/2007 7/1/2008 X LWCSTATU:.I IO,I.t'"
EMPLOYERS'LIA8IUTY E.L. EACH ACCIDENT 51 000 000
ANY PROPRIETORlPARTNER/EXECUTlVE
OFACERlMEMBER EXCLUDED? E.L. DISEASE - EA E~OYEE ", nnn, non
~~Et:~piR~~NS below EL DISEASE - POLlCY LIMIT .' onn nnn
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS (VEHIClES I EXCLUSIONS ADOEO BY ENDORSEMENT I SPECIAL PROVISIONS
-10 DAYS NOTICE OF CANCELLATION APPLIES FOR NON-PAYMENT OF PREMIUM
ERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY COVERAGE SHOWN ABOVE FOR ANY
ORK PERFORMED BY THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT.
collier county Government
Purchasing Department ~ Contract# 07-4181
3301 Tamiami Trail, East
Naples FL 34112
CANCELLATION *
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL -30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
CERTIFICATE HOLDER
AUTHORIZED REPRESENTA TrvE
0-:;'J
" ACORD CORPORATION 1988
ACORD 25 (2001108)