#09-5266 (Ecosystem Tech)
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 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":
WIT N E SSE T H:
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 I 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:
Benjamin e. Jones, Vice President
Ecosystems Technologies, Inc.
2223 McGregor Boulevard
Fort Myers, Florida 33901
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, Purchasingj 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, 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.
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.
11. 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.
e. 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 Housing 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-
cationsjScope 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, andj 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 andj or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, andj or quotes; and, c.
immediate termination of any contract held by the individual andj 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 andj 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
COLLIER~:~OJ~
By:
Donna Fiala, Chairman
~EAL)
.f ,ft te cr..,....
st?nt't~r~ fJoll) .' t
. I .
Ecosystem Technologies, Inc.
~Ru-~ By:
First Witness
cno..r \<'''e~ Rv..fY\ph
d::;:&~ ~\d /Y\. :::Jont'Sa .J..j Pre~.
Second Witness Typed signature and title
0\rz.0L- D~
tTypejprint witness namet
Approved as to form and
legal sufficiency:
t~~ IloD~
Assistant County Attorney Ilem#
ColJeen (free fIlL Agenda If ~
Dgle _.
Print Name liJ1~ ·
, Oepu
Page 6 of6 t
L ....,.'t....... ~,.___ ~..,...... ..
~ From:AlAN WilliAMS ASSOC 239 418 1219 08/17/2009 10:39 #176 P.001/001
ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIOD1YYYV)
08/11/2009
PRODUCER (239)418-1100 FAX (239)418-1164 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Alan Williams & Associates Insurance Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
13700-1 Ben C. pratt/ ALTER THE COVERAGE AFFORD.ED BY THE POLICIES BELOW.
Six Mile Cypress Pkwy
Ft.Myers, Fl 33912 INSURERS AFFORDING COVERAGE NAIC 1#
INSURED Ecosystem TeChno 1091 es Inc. INSURER A: Ameri can Fi re & Casualty 24066
2223 McGregor Blvd INSURER B,
Fort Myers, FL 33901 INSURER c:
F: 239-337-4494 1M INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDI
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 Sl
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POUCY NUMBER D~TE"iMMfOO1YYYY DA'rE iMMIODlYYYYi UMITS
GENERAL UABIUTY BKA52666540 10/16/2008 10/16/2009 EACH OCCURRENCE $ 1,000,00
-
X 3AMERCIAL GENERAL LIABILITY ~~~~~'f:$IE. ocwlTenco) $ 100,00
- CLAIMS MADE [8] OCCUR
MED EXP (Any on~ person) S 10,00
-
A X Contractual Liab. PERSONAL IJ. ADV INJURY $ 1,000,00
"__n_____________.___ GENERA~AGGREGATE $ 2.000.00~ ..--00-
n_.... .__ ----...,---------------..--------- ------_...-- ____n_
GEN'L AGG~nE LIMIT AnS PER PflOl)UC 1'8 - COMP/OI' AGG $ 2,000,001
h POLICY ~~8i LOC
AUTOMOBILE lIABILITY BAW52666540 10/16/2008 10/16/2009 COMBINED SINGLE LIMIT
~ $
X ANY AUR) (Ea aecldent) 1,000,00(
f..-
ALL OWNE::O Auras BODILY INJURY
f..- S
SCHEDULED AUTOS (Per person!
A '--
X HIRED AUTOS BODIL Y I>!JURY
i-- $
X NON-OWNED AUTOS (Pcr peclconl)
i--
PROPERTY DAMAGE $
(Per aeclccot)
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS / UMBRELLA UABIUTY US052666540 03/09/2009 03/09/2010 EACH OCCURRENCE $ 3,000,00<
o OCCUR D C~,..IMS MADE AGGREGATE $ 3,OOO,OO(
A $
h1 DEDUCTIBLE $
X RHF.NTIQN $ 10,OO( $
WORKERS COMPENSATION IT~~yIfJNs I IOJ~.
AND EMPLOYERS' lIABILITY Y/N
ANY PROPRIETORJPARTNERiEXECIJTIVD F..l. FACH ACCIOF.NT $
OFFICERIMEMBER EXCLUDED?
(MandatOf\lln NH} E L DISEASE. EA EMPLOYE $
~~~~I~~'pk~~I~6Ns below E.L. DISEASE. POLICY LIMIT $
OTHER BK052666540 10/16/2008 10/16/2009 See policy schedule
ommercial Property
A nland Marine $250,000 Rented/Leased Equip
$500 Deductible
.--..... ,..~SCR!PT1DN OF OPERATIONS I LOCATIONS I VEHICLES I EXCLY5ID~S ADDED BY ENDORSEMENT / SPECIAL P~O":ISION5 . .
. oH.., er.. (-oun ty" Board.-of. .County' '(MAt., S"51 oner5...are.. named "8"5" add"t1-orta 1"'1 ItS ur@d..w'1th..resp@cts.............. ... ............ __nn__
o general liability.
~evised 8/17/09
..f'lO davc;; . of for Nnn- ,.... r J= I
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE EXPlRATH
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
Collier County Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHAL
Purchasing Department-Purchasing Building IMPOSE NO OaUGATlON OR UABlLITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
Attn: Ray Carter REPRESENTATIVES.
3301 Tamiami Trail East AUlllOR1ZED REPRESENTATIVE L~~~-
NaRles, FL 34112 Jeff Williams/PL4
ACORD 25 (2009f01lFAX: 239.252.8048 @1988.2oo9 ACORD CORPORATION. All rights reserved
The ACORD name and logo are registered marks of ACORD
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
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 policies listed thereon.
ACORD 25 (2009/01)
Aug, 1 2, 2003 8:34AM No, 7 611 p, I
ACORD,.. CERTIFICA TE OF LIABILITY INSURANCE I 08111/2009
PROOUCER THIS CERllFICA TE IS ISSUED AS A MAnER OF IN FORMA nON
Risk Concepts Corporation ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERllFICATE DOES NOT AMEND. EXTEND OR
410 43rd Street West Suite N ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Bradenton FL, 34209
INSURt:RS AFFORDING COVERAGE NAleI
INSURE!) INSURER A: SouttleNll;agle Insu.-ance company
Administrative Concepts Corporation INSURER t!: L10ydB at London AA-1122000
406 43rd Street West INSU~t:H c: Aspen ReinBurance AA.1120337
Bradenton FL, 34209 INSUREA 0: Max Re Bermuda AA.3190829
INSURER E: Ody&&sy Re 23680
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOT'MTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IMTH RESPECT TO II\r'HICH THIS c~lnl"ICAYE MAYBE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY Tr1E POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGl'lr:.GATf LIMITS SHOVlIN MAY' HAVe BE~N f'u:OI,JCr:.O BY PAID CLAIMS.
INSK ADD'L pouc;~:~~ POLICY EXPI~
LTIl INSRD Type QF IN$URANC~ POLiCy NUMSER: DATE M DATE tuMID LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
I--
COMMl:,-CIAL Ge:Nt:RALLIABllITY ~~~~~s fE.,'ocarn.,,,,,,, ~
I-- tJ CLAIMS MADE DOCCUR
MED EXP (Any one person) $
I--
PERSONAL & ADV INJURY $
I--
GENERAL AGGREGATE $
-
GcN'L AOOREGATE LIMIT APPLIES PER: I'ROOUCTS-COMPIOI' AGG 5
II 'nro, nl
F'()lICY JECT LOC
AUTOMOBlLE UABlUTY COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea BCCi<lent)
-
ALL ov.NED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (t''''~)
-
HIRED AUTOS BODILY INJURY
- $
NON-Ow.iEO AUTOS (Per :occidenl)
-
- I'ROf'ERTY DAMAGE $
(Per accident)
GARAGE UA9IU1Y AUTO ONLY .EA ACCIDENT $
~ ANY AUTO OTHF.R THAN EA ACC S
AU 10 ONLY' ACG 5
EXCESSlUMBRELUt. UABlLITY EACH OCURRENCE S
~ OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION S $
A V'o()HKERS COMPENSATION AND X I T~;~~~~ I IU't
EMI'\.OYERS'lIABlLITTY WC0272682.00 01/01/2009 12/31/2009 ER
AH{ PROPRIETORJPARTNERJE:XECUTIVE E t {;ACH ACCIDENT $ 1,000,000.00
OFFICER/MEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE S 1,000,000.00
II y..., deactlbe under E.L. DISEASE.POLICY LIMIT S 1,000,000.00
SPECIAL PROVlSjONS below
OntEI! Ples&e nal8 that Southem Eagle hll;urllnce Com~n)' hall rein$lIn:d it'll liabilitiCll in ex~ Of $2~O,OOO ~nder th~ polio;je$ of
BC Workers Compensation in&urance lilted above with the underwrilcn; lilted A- or bet\c!t at !he lime Of Placement 01 suCt'l reinsutllnce. Sum relns'~ral'lce
DE Excess Coverage arc &ubject to their own termll, c;Qnditioo$ and limit$, Tt'li$ is fof i,.,rOfmlltiO^al p~rposes and noUllng st'lall create any TlQt'll
lInder SUCh reinSl.lt*nee.I,
DESCRIPTION Of OPEIlAll0NS I LOCATIONS I VfHlCI.~ I El\Ql.\I$IOHS ApPeO (IV ENOORSEMENY I SPGClAL PRQIIISlONS Effective : 07122/2002 021900
Coversge is extended fo the leased employees of sltsmsle employer (Florida Opeta1iOnr; Only):
Ecosystem Technologlos. Inc.
DISCLAIMER: This Certificate Of In&urante does not constitute a contract between the issuing insurer(s), authorized rePfesentlltive Qr prod~cer, lInd the certificate
holder nor does it aftinnitivelv or neaativelv liImend extend or elter the QOver8Qe IIfforded bv"the oolicie& Ii&ted thereon.
CERTIFICATE HOI.DER CANCELLATION
Collier County Board of County Commissioners IilHOU~C ANY OF THE ASaI/E DESCRIBEO POLICIES BE CANCELLEIJ BIoFORE rHE ElU'lAATlON
DATE THEREOr, TltE ISSUING INSURER lMLL ENDEAVOR TO MAIL ~DAYS ~ITTEN
Steve Camell, Purchasing! GS Director NOTICE TO' HE CERTIFICATE HOI.O~K NAMclJ lO THE LEn, aUT rAILURE TO DO so SI1All
3301 Tamiami Trail East IMPOSE NO OBlIGATION OR LIABILITY Of ANY KIND UI'QN THE INSIJRER.. IT5 AClF.NTS OR
Naples FL, 34112 REPRESENTATIVES
AUTl40111ZED REPRESENTATIVE 9 \)J..~'
Fax# (239) 252-6584 \ ~-............ \ . ----
ACORD 25 (2001/08) 444 . 20090811 (Q ACORD CORPORATION 1988