#09-5254 (Hannula Landscaping)
A G R E E MEN T 09-5254
for
Grounds Maintenance for Collier County Government Facilities
THIS AGREEMENT, made and entered into on this 'O~ day of tJcJ VM-bQ.v- ,
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 Land, 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":
WITNESS ETH:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
October I, 2009, and terminating on September 30, 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 Grounds Maintenance for
Collier County Government Facilities as Primary in accordance with the terms and
conditions of Bid #09-5254 and the Contractor's proposal referred to herein and made
an integral part of this agreement. Additional landscaping projects or new installations
outside of the routine maintenance may be required. These new landscape projects may
be quoted as a portion of this contract, or, a separate solicitation may be issued.
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. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
-,
this Agreement an estimated annual amount of three hundred ninety-three thousand
three hundred sixty-six dollars ($393,366.00), based on the unit prices set forth in Exhibit
A attached hereto and incorporated herein by reference, subject to Change Orders as
approved in advance by the County. Payment will be made upon receipt of a proper
invoice and upon approval by the Facilities Manager or his designee, and in compliance
Page 1 of6
with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt
Payment Act".
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
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, 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
Page 2 of6
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
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 $2,000,000
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 $2,000,000 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.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
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General Liability Policy. The Certificates of Insurance must read: For any and all
work performed on behalf of Collier County.
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 Facilities Management 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, and Bid #09-5254 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
Page 4 of 6
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.
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.c. 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,
F.5.
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
Clerk of Courts COLLIE1::FLO]~
ok
By:
Donna Fiala, Chairman
Hannula Landscaping and Irrigation, Inc.
Contractor
~I!t!~ By: {J~----
Signature
bA'~ F. rkJVAlw.1/\ ffl.Q,c;.Jf
Typed signature and title
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tType/print witness namet
Approved as to form and
legal sufficiency:
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AlSsiJlant County Attorney lbe!
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Page 6 of6
EXHIBIT A
Unit Prices
./1
,) :
(
Monthlv Cost Annual Cost
1. Main Government Complex $7413.25 $88959.00
2. Naples Branch Library $720.25 $8643.00
3. Vanderbilt Branch Library & Nature Areas $569.00 $6828.00
4. Old Golden Gate Branch Librarv $342.75 $4113.00
5. Marco Island Branch Librarv $529.00 $6348.00
6. Golden Gate Estates Branch Library $386.50 $4638.00
7. East Naples Branch Librarv $462.75 $5553.00
8. Immokalee Branch Library $265.75 $3189.00
9. Collier CountY Development Services Center $564.25 $6771.00
10. CID Buildina $404.00 $4848.00
11. Golden Gate Emeraencv Services Center $344.00 $4128.00
12. Golden Gate Government Center $341.50 $4098.00
13. Domestic Animal Services $420.25 $5043.00
14. North Naples Emergencv Services Center $564.25 $6771.00
15. Harbor Road Site (two areas) $270.50 $3246.00
16. EMS #3 $345.50 $4146.00
17. Rosemarv Cemetery $300.00 $3600.00
18. Van Bu.ren Vacant Lot $200.00 $2400.00
19. Marco Island Sheriff Substation $286.50 $3438.00
20. Marco Island Tax Collector $286.50 $3438.00
21. Immokalee Emergency Services Center & Rear $344.00 $4128.00
Field
28. EMS #10 $265.25 $3183.00
23. Roberts Ranch and Grove Area $2235.25 $26,823.00
24. Immokalee Health Services & Rear Area $263.25 $3159.00
25. Everalades Museum $221.75 $2661.00
26. Everalades Sheriffs Substation $267.25 $3207.00
27. EMS #71 $263.25 $3159.00
28. Immokalee Government Center $379.25 $4551.00
29. Headquarters Library .. $379.25 $4551.00
30. Golden Gate Sheriffs Substation $420:50 $5046.00
31. Motor Vehicle Building $340.25 $4083.00
32. Universitv Extension Office $416.25 $4995.00
33. Immokalee Domestic Animal Services $280.25 $3363.00 of','
34. Transportation Building $780.25 $9363.00
35. EMS #24 $377.00 $4524.00
36. Fleet Manaaement $690.25 $8283.00
37. Immokalee Government Offices (Alachua St) $480.25 $5763.00
38. Immokalee Jail (perimeter onlv) $500.00 $6000.00
39. Property Appraiser $530.25 $6363.00
40. Naples Depot $660.25 $7923.00
41. North Naples Government Center $390.25 $4683.00 -
42. 1973 Bav Street $250.25 $3003.00
AddendumTemplate
Revised: 3/25/09
1
43. 2015 Bay Street $250.25 $3003.00
44. Bay Street - Vacant lot $175.00 $2100.00
45. Sheriff's Special Ops $380.25 $4563.00
46. EMS #75 $350.25 $4203.00
47. EMS#90 $273.25 $3279.00
48. Wilson House $455.25 $5463.00
49. New Golden Gate Librarv $480.25 $5763.00 ,--~
50. EmerQency Services Center $1100.25 $13,203.00
51. South ReQional Library $1350.25 $16,203.00
52. Ochopee Fire $300.00 $3600.00
53. CCSO Fleet $625.25 $7503.00
54. Immokalee Vacant Lot (next to EMS/SO) $300.00 $3600.00
55. Road & Bridae . $714.25 $8571.00
56. Tenth Avenue House $275.00 $3300.00
TOTAL BASE BID: Enter on Electronic Bid $32,780.50 $393,366.00 ,{ .} :<~ . ~ ,~:~ . ...: ,'J
Schedule
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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
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 25-5 (2001/08) 2 of2 #S372172/M347612
Client#: 33375 HANLA1
ACORDTM CERTIFICATE OF LIABILITY INSURANCE \ DATE (MMIDDlYYYYl
08/04/2009
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#
INSURED INSURER A: FCCllnsurance Company (O/? t3
Hannula Landscaping & Irrigation, Inc. INSURER B:
28131 Quails Nest Lane INSURER C:
Bonita Springs, FL 34135-6930 INSURER 0:
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.
N5R ADD'L TYPE OF INSURANCE POLICY NUMBER PJ>.k~~~.i~)68tW\E P<fi~fl,~:'~~N
LTR NSRr LIMITS
A ~NERAL LIABILITY GLOO067391 01/13/09 01113/10 EACH OCCURRENCE $1 000000
x.. COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100 000
- tJ CLAIMS MADE [Xl OCCUR MED EXP (Anyone person) $5.000
x.. PO Oed:1,000 PERSONAL & ADV INJURY $1.000.000
- GENERAL AGGREGATE $2.000.000
~'L AGGRE~E LIMIT APFr PER: PRODUCTS - COM PlOP AGG $2.000.000
POLICY X ~~8;: LOC
A ~TOMOBILE LIABILITY CA00100451 01/13/09 01/13/10 COMBINED SINGLE LIMIT
JL ANY AUTO (Ea accident) $1,000,000
~ ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
!... HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
~GE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
A ~ESS/UMBRELLA LIABILITY UMBOO062121 01/13/09 01/13/10 EACH OCCURRENCE $3 000 000
X OCCUR 0 CLAIMS MADE AGGREGATE $3.000 000
$
8 DEDUCTIBLE $
X RETENTION $10000 $
A WORKERS COMPENSATION AND 001 WC08A40029 01/01109 01/01/10 X I WC STATU- I IOJ~-
EMPLOYERS' LIABILITY EL EACH ACCIDENT $500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $500,000
If yes, describe under EL DISEASE - POLICY LIMIT $500,000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Job 09-5254 Grounds Maintenance for Collier County Government Facilities.
Collier County Board of County Commissioners is Named as Additional Insured As Respects to General
Liability Only per CG2033 0704 & CGL021 0403. *30 days notice of cancellation, except 10 days for
nonpayment.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -30- DAYS WRITTEN
3301 East Tamiami Trail NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Naples, FL 34112 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001/08) 1 of2 #S372172/M347612 CAH @ ACORD CORPORATION 1988