#09-5226 (Hannula)
A G R E E MEN T 09-5266
for
Lawn Care Maintenance for the Neighborhood Stabilization Program
THIS AGREEMENT, made and entered into on this 15th day of September 2009, by and
between Hannula Landscaping and Irrigation, Inc., authorized to do business in the State of
Florida, whose business address is 28131 Quails Nest Lane, Bonita Springs, Florida 34135,
hereinafter called the "Contractor" and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County":
WITNES SETH:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
September 15, 2009, and terminating on September 14, 2010.
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 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 care maintenance for the
Neighborhood Stabilization Program in accordance with the terms and conditions of
RFP #09-5266 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.
Quotes will be obtained from all five (5) Contractors awarded Agreements for each
project.
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the
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 services offered under this contract, provided
sufficient funds are included in its budget(s).
Page 1 of6
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. 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:
Dale F. Hannula, President
Hannula Landscaping and Irrigation, Inc.
28131 Quails Nest Lane
Bonita Springs, Florida 34135
Telephone: 239-992-2210
Facsimile: 239-498-6818
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, 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.
6. 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.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, FS., 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
8. 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.
9. 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 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.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
II. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General 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 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 Government 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.
12. 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.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Health and Human Services Department.
14. 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.
15. 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, RFP #09-5266 and Specifi-
cations/Scope of Services.
16. 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.
17. 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
Page 4 of6
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.
18. 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.
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.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would make the
presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla.
Stat.
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.
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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COU TY, FLORIDA
Dwi p.. B3(O(Zk, Clerk of Courts J~
q", .^~ ~
"' . ,~ -'.
.I"" , ." ,
t."," . . " By: ~,
. ....".. _ '. .r
Da~d:/, , Donna Fiala, Chairman
':~-(SEAL) \~;' . .
>~"'_ . I ::~J'" ,''.,
, .~st., a,' to".~ hM ,
~ '1~~.,ofti"
Hannula Landscaping and Irrigation, Inc.
Contractor
6tn!.!deLy By: (J44
Signature
-rrrlC< deJ!o.i
tT e print witness net
poJe ( H-aJ1t1uJa.. -7Y"e..S' OePtT
Typed signature and title
~lInr\W~ -Attar
tType/ print witness namet
Approved as to form and
legal sufficiency:
C~~
Assistant County Attorney
Colleen rsr-ee ruL
Print Name
Page 6 of6
Cltent#: 33375 HANLA1
ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (ldMlllOlYYYY)
06/22/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 Goodlette Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, FL 34103.3303
239 261-3646 INSURERS AFFORDING COVERAGE NAIC#
Ilf8Ultl!O INstlRfRA: FCCUnsurance Company
Hannula Landscaping & Irrigation, Ino. ItlSURER 8;
28131 Qualls Nest Lane INSURER 0;
Bonita springs, FL 34135.6930 INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF iNSURANCE liSTED SElOW HAVE BEEN ISSUED TO THE INSUReD NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01W1THSTANDING
ANY REQUJREMEm. TERM OR CONDmON OF ANY Co.'lTRACT 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 CONomoNS OF SUCH
POLICIES. AGGREGATE LIMrTS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS,
~ =: TYPE OF INSURANCE pOLlCY NUMBER POLlCY EfFEcnve P EXPIRAnqN UMIT$
A ~NERAl.LIAB1LITY Gt.00067391 01113/09 01/13/10 EACH OCWRRENCE i1,OOO 000
X COMMERCIAl GENERAlllA81UTY OMIA"E Tn RENTl:O $100.000
::: ::JClAlMSMAOE [jJ OCCUR ",,fOEXPCAnIIOlltpersonl $5000
X PD Ded:1.000 PERSONAL & ADV INJURY $1 000 000
GEIlERAl.AGGREOATE $2 000 000
nN'l.AG~lIMITAPnPEI\: PROOUCTS. COMP/OP AGO $2 000 000
POLICY 1'r8;: LOC
A ~TOMOBILE LlAlllLITY CAOO100451 01113/09 01/13/10 COMBINED SINGLE LIMIT
X MY AUTO (Ea a<<l<lenl) $1,000,000
..- ALL OWNED AUTOS BOOILYINJURY
SCHEOUlEO AUTOS (Pet "'t$On) $
-
X. HIllEO AUTOS BOOILY INJIJRY
X NON-OWNeD AUTOS (Per aQ<;ld6nl) $
PROPeRTY OAAIAGI! $
(Per aoddeot)
~RAGI! UABILITY AUTO ONLY. EAACClDENT $
ANY A\lTO OTHER :n& !:A ACe s
AUTO aNL : AGG $
:=JESSl\JI.!BRELLA lIABILITY EACH OCCVRIIENCE $
OCCUR 0 CU\lMS MAOE AGGREGATE $
$
==J DEOUCTIllLE S
RCTEWlo,-, $ $
A WORKERS COMPI'NSATION ANO 001WC08A40029 01/01/09 01/01/10 X I Vie STATU. lbJ~'
EMPLOYERS'L1ABIl.ITY E.L EACH ACClDENl' $500.000
Nf( PROPRlETORli'AATNERlEXECUTlVE
OFFlCeRII.4EMllEA EXCLUOeO? E-L. OISCASI!. SA EMPlOYEE $500.000
g~~M!~n\I1~"s below e,l.. OlSEASE . POUCY lIMIT $500,000
OTHER
OESCRll'TIOII OF cm:RATIONS ( LOCATIONS I VEHICLES (EXCLUSIONS ADDED BY ENDORSEMENT' specIAL PROVlSIOHS
Collier County Board of County CommissIoners are named as Addrtlonallnsured as respects to General
Liability per form CG2033 07.04 & CGL021 04/03.
CERTIFICATE Ol.DER CANCELlA. liON 10 Da s for No . ment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BI! CANCEllEO BEFORIi THE EXPIRATION
Collier Oounty Board of County DATE THEREOF, THE ISSUING INSURER W1~1. ENDEAVOR TO !/IAn. ...30- DAYS WROTell
Commissioners NOllCE TO THE CERTlFlCATIi HOLDER HAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
Purchasing Department IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPOll THE INSURER, ITS AGENTS OR
3301 East Tamlaml Trail REPRESENTATIVES,
Naples, FL 34112 AUTtl IZEO REP SENTATIVE
ACORD 25 (2001f08) 1 of 2 #S3609621M347570 CAH @ ACORD CORPORATION 1988
I
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED. the pollcy(les) must be endorsed. A statement
on this certificate does not confer rIghts to the certificate holder In lieu of such endorsement(s).
If SUBROGATION IS WAIVED, SUbJl;lct to the terms and conditions of the policy, certaIn policies may
requIre an endorsement, A statament on this certificate does not confer rights to the certificate
holder In lieu of such endOfSement(s).
DISCLAIMER
The Certiflcate of Insurance on the reverse sIde of this form 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 pol1cles listed thereon.
ACORD 25-5 (2001/0B) 2 of2 #S3609621M347570
COMMERCIAL GENERAL LIABILITY
CG 20 33 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ,
This endorsement modifies Insurance provided under the following:
,
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured Is amended to a. With respect to the Insurance afforded to these I
Include as an additional insured any person or or~ additional Insureds, the following additional excJu-
ganlzation for whom you are performing operations slons apply: i.
when you and such person or organization have This insurance does not apply to:
agreed In wrll/ng In a contract or agreement that
such person or organization be added as an addl- 1. "Bodily InJury", "property damage" or "personal I
tional insured on your policy. Such person or or- and advertising Injury" arising out of the render- i
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ganlzatlon Is an additional Insured only with re- Ing of, or the faBure to render, any professional i
;
spect to liability for "bodily Injury", "property architectural, engineering or surveying ser- i
damage" or "personal and advertising Injury" vices, Including: I
caused, In whole or In part, by: a. The preparing, approving, or falling to pre- I
1. Your acts or omissions; or pare or approve, maps, shop drawings, ,
2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, ;
behalf; change orders or drawings and speclfica- !
tions;or
In the performance of your ongoing operations for b. Supervisory, Inspection, architectural or i
{
the additional Insured. engineering activities. !
A person's or organization's status as an additional 2. "Bodily Injury" or "property damage" occurring ;
Insured under this endorsement ends when your after: i
operations for that additional Insured are com- a. All work, Including materIals, parts or i
plated. l
equipment furnished In connection with 1
i
such work, on the project (other than ser- t
vice, maintenance or repairs) to be per- l
formed by or on behalf of the additional In- j
sured(s) at the location of the covered ,
!
operations has been completed; or i
b. That portion of "your work" out of which the I
injury or damage arises has been put to Its "
I
Intended use by any person or organIzation I
other than another contractor or subcontrac- !
tor engaged In performing operations for a i
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prlncfpal as a part of the same project. ,
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CG 20 33 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 0 I
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COMMERCIAL GENERAL LIABILITY
CGL 021 (04 03)
THfS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUllY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
I Nameo! Person or Organlzallon: I
(If no entry appears above. information required to complete this endorsement will be shown In the Declarations as
applicable to this endorsement.)
Who Is an Insured (Section II) Is amended to Include as an insured the person or organization shown in the
Schedule, but only with respect to your negligent actions which cause liability to be Imposed on such person or
organization without fault on the part of said person or organization. as a result of .your work" performed for that
Insured.
,
CGl 021 (04 03) Includes copyrighted material of ISO Properties, Inc., with Its permission. Page 1 of 1
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