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#09-5266 (Caribbean Lawn & Garden) 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 Caribbean Lawn & Garden of SW Naples FL., Inc., authorized to do business in the State of Florida, whose business address is 3307 Desoto Boulevard S., 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": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on September IS, 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: Maria C. Caraza, Vice President Caribbean Lawn & Garden of SW Naples FL., Inc. 3307 Desoto Boulevard S. Naples, Florida 34117 Telephone: 239-455-7278 Facsimile: 239-455-7645 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. 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. 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. Page30f6 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 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 CO TY, FLORIDA By: ~ ~~ carib. bea~~awn & Garden of SW Naples, FL, Inc. ~ CO~i / \/'~ . ~O~,e0. By:.' ~ FirstWitnes~ ' '/. Sig ~ ~AaID CAd<D (YJIIf;/I 'Il~211 Type/Print Witness Name Typed Signature ~,,--rl~ :; -f,te!,ldvJ ' econd itness Title 20nDirlb- &;Qj) Type/Print Witness Name Approved as to form and legal sufficiency: 0bpAA- ~ Assistant County Attorney 'I ~ ~ Page -9- .=~.,. ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 8/21/2009 PRODUCER Phone: 239-939-1010 Fax: 239-939-7172 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tim Shaw Insurance Group Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR email: certificates@timshaw.com ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4091 Colonial Blvd Fort Myers FL 33966 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:North Pointe Insurance Co. b7740 Caribbean Lawn & Garden of SW Naples, Inc INSURER B: PO Box 990866 Naples FL 34116 INSURER c: INSURER D: INSURER E: 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. '~{~ ~~~~ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LI MfTS A ~NERAL LIABILITY 3093000279 4/4/2009 4/4/2010 EACH OCCURRENCE $1 000 000 lL COMMERCIAL GENERAL L1ABILfTY ~~EMIS'Es Ea occurence\ $lOO 000 - "=J CLAIMS MADE [XJ OCCUR MED EXP (Anyone person) $5 000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 f-- ~N'LAGGREnE LIMIT APnS PER: PRODUCTS" COMP/OP AGG $2 000.000 X POLICY fC8i LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea acddent) $ - ANY AUTO ALL OWNEDAUTOS BODILY INJURY - $ SCHEDULEDAUTOS (Per person) - - HIREDAUTOS BODILY INJURY $ NONDWNED AUTOS (Per accident) f-- f-- PROPERTY DAMAGE $ (Per accident) qRAGE LIABILITY AUTO ONL Y" EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ ~ESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~~T:i.;Ws I IO'!,!;!" EMPLOYERS' LIABILITY EL EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE $ OFFICER/MEMBER EXCLUDED? EL DISEASE" EA EMPLOYEE $ ~~'N!LSC~6.y'~~NS below E.L DISEASE" POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ~ERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY COVERAGE SHOWN ABOVE; FOR ~NY WORK PERFORMED BY THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLA TIO N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Collier Country Board of County BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE Commissioners CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 3301 Tamiami Trail E. SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Naples FL 34112 THE INSURER, ITS AGENTS OR REP~ESENTATIVES. AUTHORIZED REP RESENTATlVE ..,' '~~:;{~~~~:;;%~1,~~:., ACORD 25 (2001/08) @ACORDCORPORATION 1988 IMPORTANT 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 The Certificate 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 policies listed thereon. ACORD 25 (2001/08) T-200 P.OOI/OOI F-l11 08-14-2009 01 :20pm From-PE4982 If"'''' ,..... A CERTIFICA TE OF INSURANCE II"VU.N4!~ SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WIlL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRlDR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CEIlTIFICATE BE VAUD MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: l8J STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas tor o STATE FARM INDEMNITY COMPANY of Bloomington, Illinois has coverage in force for the fOl/owing Named Insured as shown below: NAMED INSURED: CARIBBEAN LAWN & GARDEN ADORESS OF NAMED INSURED: PO BOX 990866, NAPLES. FL 34116-6046 POLICY NUMBER '162 0632-F25-59A 666 6442-D03-59 640 3292-022-59B EFFECTIVE DATE OFPOUCY 06/25/09-12/25/09 04103/09-10/03/09 04/22/09-10/22/09 DESCRIPTION OF FLEET ( 5 05 FORD VEHICLE (Ineluding V1N) VEHICLES) RANGER LIABILITY COVERAGE ~YES oNO r23 YES ONO (gJ YES DNO DYES DNO LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident 2 MM CSL l MM CSL 2 MM CSL b. Property Damage Each Accident c. Bodily InjUlY & Property Damage Single Limit Each Accident PHYSICAL DAMAGE t8J YES DNO rgJ YES ONO ~YES ONO DYES DNO COVERAGES a. Comorehensive $ 500 DeduQlble $ 500 Deductible $ 500 Deductible $ Deductible ~YES DNO ~YES DNO I2SJ YES DNO DVES DNO b. COlrision $ 500 Deductible $ 500 Deductible $ 500 D$ductible $ Deductible EMPLOYERS NON.OWNED DVES ~NO DYES DNO DYES DNO DYES DNO GAR LIABILITY COVERAGE HIRED CAR LIABILITY DYES 181 NO DYES DNO DYES oNO DYES DNO COVERAGE FLEET - COVERAGE FOR All. ONNED AND UCENSED ~YES DNO I8J YES DNO DYES DNa DYES DNO MOTOR VEHICLES //)" .Ie- AGENT 2598 08/14/2009 ' !/VW/ Signature of Authorized Representative litle Agent's Code NUmber Date Name and Address of Certificate Holder Name and Address of AQent COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS BRIAN A. GLAESER 3301 TAMIAM! TRL E 7385 RAD10 RD SUITE lO4A NAPL~S, FLORIDA 34112 NAPL~S, FL 3~104 INTERNAL STATE FARM USE ONL Y: ~ Request pei'lTlanent Certificate of Insurance for IIll~ility coverage. 122429.2 Rev. 06-10-2004 181 Requ8&t Certificate Holder 10 be added as an Additional Insured. Cert ID 1127 ACORDrn CERTIFICATE OF LIABILITY INSURANCE T DATE (MM/DDNYVY) 7/30/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Intego Insurance Services, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2000 Winton Rd South HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Rochester NY 14618 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (888) 289-2939 (888) 289-2988 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Twin Citv Fire Insurance Comoa 29459 Caribbean Lawn & Garden of SW Naples FL Inc INSURER B: 3307 Desoto Blvd South INSURER C: Naples FL 34117 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. 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. I~f: ~~~'~ POLICY NUMBER PJl.H~~.i~~8g~i" Pgk!fl,t.~~J!9.N LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY ~~~~~~J9E~~~~~nce' $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ f-- PERSONAL & ADV INJURY $ f-- GENERAL AGGREGATE $ ~'L AGG~EnE LIMIT APFlS PER: PRODUCTS - COM PlOP AGG $ POLICY P'fP,: LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS I--- HIRED AUTOS BODILY INJURY (Per accident) $ ~ NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ OESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 02WEGAA3768 6/4/2009 4/9/2010 I T~.Jml~~ I TOJb'" EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 ~~~MtS~'lfc5';:~16~s below EL DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CONTRACT #09-5239 ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE VENDORS CERTIFICA TE HOLDER CANCELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Board of Commissioners DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3301 Tamiami Trl. E. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples FL 34112 AUTHORIZED REPRESENTATIVE f,rJ;ij&tttwi I ft.l. -.- ACORD 25 (2001/08) @ACORDCORPORATION 1988 Page 1 of 1