#09-5253 (Ciano's Tile)
A G R E E MEN T 09-5253
for
Purchase and Installation of Floor Covering
THIS AGREEMENT, made and entered into on this 13th day of October, 2009, by and
between Ciano's Tile & Marble, Inc., authorized to do business in the State of Florida, whose
business address is 5680 Halifax Avenue, Fort Myers, Florida 33912, 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
October 13, 2009, and terminating on October 12, 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 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 for the sale and installation of
floor coverings in accordance with the terms and conditions of Bid #09-5253 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,
together with the cost of any other charges/fees submitted in the proposal.
A quotation will be required from one (1) vendor for work under $50,000. For all work
over $50,000, quotations will be required from all contracted vendors.
Any county agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s).
Page 1 of7
Payment will be made upon receipt of a proper invoice and upon appr.oval by the
Project Manager or his designee, and in compliance with Chapter 218, Flonda Statutes,
otherwise known as the "Local Government Prompt Payment Act" .
4. DEDUCTIONS: The County reserves the right to deduct portions of the invoiced
amount for services not completed within the expressed time frame, including required
deliverables, incomplete and/ or deficient work. This list is not deemed to be all
inclusive, and the County reserves the right to make sole determination regarding
deductions. After notification of any deficiency if the Contractor fails to correct the
deficiency within the specific timeframe, these funds would be forfeited by the
Contractor. The County may also deduct or charge the Contractor for services and/ or
items necessary to correct the deficiency directly related to the Contractor's non-
performance.
The Contractor shall at all times keep the premises free from accumulations of waste
materials or rubbish caused by his employees and at the completion of the work he shall
remove all his waste, tools, equipment and materials from the structure and grounds
and leave the workplace clean and ready for use. Prior to final inspection, Contractor
will thoroughly clean carpet, carpet squares, vinyl and adjacent surfaces. Failure to do
so may result in a two hundred dollar ($200) deduction per room plus the cost to have
area(s) cleaned.
If moving furniture is involved, Contractor will be required to include in their estimate a
price to remove and reinstall furniture as needed. No interruption of customer
operations will be allowed unless mutually agreed upon in writing with the Facilities
Management Representative prior to the installation. Any equipment, tools and old or
new materials left in the area being worked on after completion may result in a one
hundred dollar ($100) deduction per item. Complaints from customers for poor
installation of furniture or incorrect placement after floor covering installation will also
result in a deduction of one hundred dollars ($100).
5. DAMAGE TO EXISTING FACILITIES: In the event that the existing building, facilities
or equipment are disrupted or damaged as a result of the Contractor's operations, then
the Contractor shall be responsible for the restoration to a condition equal to that
existing prior to being disrupted or damaged. All such restoration shall be at the
expense of the Contractor. All base board, carpet and tile installations will be
professionally installed, failure to provide excellent service will result in non-payment
and/ or vendor(s) will be responsible for repairs or reinstallation by another vendor.
6. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any
required service within the time schedule under the subsequent contract, the County
reserves the right to obtain substitute performance. Further, the County reserves the
right to deduct the cost of such substitute performance from the Contractor's payments.
The Contractor may be exempt from this provision if such exemption is granted by the
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Contract Manager or their designee, in writing, prior to any delays or as a result of an
Act of Nature.
7. 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.
8. 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:
Ciano's Tile & Marble, Inc.
5680 Halifax Avenue
Fort Myers, Florida 33912
Attention: Paul Ciano, President
Telephone: 239-267-8453
Facsimile: 239-267-6720
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.
9. 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.
10. 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
Page 3 of7
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.
11. 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.
12. 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.
13. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
14. 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 $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
$1,000,000 for each accident.
Page 4 of7
Special Requirements: Collier County Government 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.
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.
15. 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.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Facilities Management Department.
17. 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.
18. 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, and Bid #09-5253 Specifi-
cations/Scope of Services.
19. 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.
20. 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
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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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
Page 6 of7
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.
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.
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BOARD OF COUNTY COMMISSIONERS
COLLIER~___NTY' FLORIDA _
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By:
Donna Fiala, Chairman
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Ciano's Tile & Marble, Inc.
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tTy rint itness n
By:
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Mary Kay Sablotny, Vice President
Typed signature and title
Secon itness
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tType/pri t witness namet
Approved as to form and
legal sufficiency:
S~)( (2)~eL
1);istaffi County Attorney
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Print Name
Page 7 of7
From:ALAN WILLIAMS ASSOC
239 418 1219
08/04/2009 14:35
#848 P.001/OOl
ACORQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDI'tYYY)
08/04/2009
~R (239)418-1100 FAX (239)418-1164 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Alan Williams I Associates Inc. 11 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
13700-1 Ben C. Pratt/ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Six Mile Cypress Pkwy
Ft.Myers. FL 33912 INSURERS AFFORDING COVERAGE NAIC #
llI8URl!D INSURERk FOCI Commercial Ins. ~any 10178
Ciano's Tile I Marble, Inc. INSURER B:
5680 Halifax Avenue INSURER C:
Fort Myers, FL 33912 INSURER 0:
23~ 267-6720 Joyce INSURER E:
COVERAGES
THE POUCIES Of INSURANCE USTED 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.
CPP0006934-01
LIMITS
EACH OCCURRENCE $
PREMl S E. $
MED EXP (My..... pemln) $
PERSONAl. & ADV INJURY $
GENERAl. AGGREGATE $
PRODUCTS. COMPIOP AGO $
GEN'l AGGREGATE LIMIT APPLIES PER:
POLICY X ~8i LOC
AUTOIIOIllLE LIAIllLITY
X At('( AUTO
ALL OWNED AUTOS
SCHEDUlED AUTOS
HIRED AUTOS
~OAUTOS
01/01/2009 01/01/2010
COMBINED SINGLE LIMIT
(1:8 1ICCident)
TYPE 01' INlIUIWICE
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X COMMERCIAl. GENERAl. LIABlUTY
ClAIMS MADE [!] OCCUR
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WORKERS COIIPEHSATlON
AND I!IIPLOYI!RtI' LIA8lUTY Y / N
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WC08A-57319 01/01/2009 01/01/2010 X TORYLIMITS
E.L. EACH ACCIDENT ,
E.L. DISEASE. EA EMPLO S
NCL OWNERS " OFFICERS E.L DISEASE. POLICY LIMIT $ 1 000
01/01/2009 01/01/2010 Installation Floater $10,000
CPPOO06934-01 PER SOIEDULE WITH COMPANY
AGG $
$ 2,000
$
$ 2,000
$
$
EXCESS 1 UJl8REI.U\ l.IAIIIUTY
X OCCUR 0 CVlIMS MADE
UMB0004904-01 01/01/2009 01/01/2010 EACH OCCURRENCE
AGGREGATE
A X
DElICRPTIOH OF 0I'ERAT\ClN8/ LOCAT\ON81VE1l1CLE11 I EXCW_ ADDED BY ENDORSI!IIENT /SPECIAl. PROVIIIONS
ntract 109-5253 Purchase I Installation of Floor Covering: Collier County Board of County
ssioners ;s named as certificate holder and Additional Insured with respect to general liability
nd work perfonned by the named insured.
CERTIFICATE HOLDER
CANCELLATION
SHOULD At('( OF lHI! A8O\IE DESCIllBED POLICIES BE CANCELLED BEFORE THe I!XPIRATION
DATE THEREOF, THt! l88UING INSURER WILL ENDEAVOR TO MAIL ..ML. DAYS WRITTEN
NOTICE TO THE cemFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL
.P06E NO 08UGATION OR LIA8lLITY OF At('( KIND UI'ON THE INSURER, m AGENTS OR
COllier County Board of County Commissioners REPRESENTAT\\IU.
3301 Tamiami Trail East AUTHORIZEIl REPRESEHTATNE ~~
NaRles, FL 34112 Jeff Williams/CLIO
ACORD 26 (2009101)
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