#10-5393 (DeAngelo dba Aquagenix, Inc.)
A G R E E MEN T 10-5393
for
Exotic Vegetation Removal
THIS AGREEMENT, made and entered into on this (,,'*' day of Apr ',I 2010,
by and between DeAngelo Brothers, lnc., DBA Aquagenix, Inc" authorized to do business in
the State of Florida, whose business address is 100 North Conahan Drive, Hazleton,
Pennsylvania 18201, 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:
I, COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
May 12, 2010 and terminating on May 11, 2011,
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 exotic vegetation removal in
accordance with the terms and conditions of RFP #10-5393 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.
. For work $50,000 or less: the department may select one of the vendor(s) on
contract, quote out the work among all vendor(s) on contract, or competitively
solicit for new quotes.
· For work more than $50,000 and less than $200,000: the department may quote out
work among the vendor(s) on contract, or, may conduct a separate new solicitation.
· For work that may exceed $200,000: the department may quote out work among
the vendor(s) on contract and obtain approval from the Board of County
commissioners, or conduct a separate new solicitation.
In each Request for Quotation, the Owner reserves the right to specify the period of
completion and the collection of liquidated damages in the event of late completion.
Page 1 of7
Quotes may be submitted as time and materials or lump sum.
3. THE CONTRACT SUM: 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).
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:
DeAngelo Brothers, Inc., DBA Aquagenix, Inc.
6260 Metro Plantation Road
Fort Myers, FL 33966
Attention: George Bowling
Telephone: 239-561-1420
Facsimile: 239-561-2883
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 addresses 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.
RFP 10-5393
Exotic Vegetation Removal
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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.
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 $1,000,000
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 $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.
RFP 10-5393
Exotic Vegetation Removal Page 3 of?
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.
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 ten (10) 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
RFP 10-5393
Exotic Vegetation Removal
Page 4 of?
verbatim: Contractor's Proposal, Insurance Certificate, RFP #10-5393 Specifi-
cations/Scope of Services and Addendum.
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 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
Contractor.
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
RFP 10-5393
Exotic Vegetation Removal
Page 5 of?
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.
,
,
RFP 10-5393
Exotic Vegetation Removal
Page 6 of?
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.
ATT'l:;.qP.("
.L4-W~""~ 'J.:'
D.yt h:riCB~Gk, Clerk of Courts
" ~C
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~tLw. ~
By:
Fred W. Coyle, Chairman -
DeAngelo Brothers, Inc., DBA Aquagenix, Inc.
Contracto
CeVtO f ,4nnfil1 csfcp (c(~
First Witness
((troIAnl). C)tr~)Lf~)
tT rint witness nam
By:
George Bowling/Sales Manager
Typed signature and title
cond Witness
'K OJ7f' lz...iVA, t-...JSA U v-J
tType/print witness namet
Approved as to form and
!:m-L
~County Attorney
~..l)\-\-- ? ~c..[' ),
Print Name
RFP 10-5393
Exotic Vegetation Removal
Page 7 of?
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ACORd CERTIFICATE OF LIABILITY INSURANCE I OA n:. (MMlODftYYY}
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PROOUCfR 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
wnus of PenA$ylYlll1ia, Inc, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
,. Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
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ANY ~QUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHiCH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THEINSUAANCE AFFORDED BY THE POl1CIES oeSCRIBED HEREIN 1$ SUBJECT TQ All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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Certificate Holder and Board of County Commissioners, Collier County Government are named as
Additional Insureds to the extent required by the written contract in regards to DeAngelo Brothere
toe dba Aquagenix.
CERTIACATE HOLDER
CANCELLATION
SHOULO ANV Of THE AGOVE DESCRlB€D POLlCICS BE CANCELLED aeFORE THE eXPIRATION
DA'1'i: tllEAEoF, THE ISSUiNG INSURER WILL i!:NOEAVOR 10 MAll _~_ DAYS WfttmN
NOTICE TO me. CERTlFICATe HOLD1!R NAItf.cO TO THE LEFT, BUT tAllURE TO DO SO SHAll
IMPOSE NO OBLIGATION OR llAaIUTY OF' ANY KIND UPON TI-lE INSURER, ITS AGEHTS 00
Collier County Board of County Commissioners
3301 East Tamiami Trail
N~plB~, FL 3.112
REPRESENTATI\lS.S
AUTHORIZED REPRE'3ENTP'.E
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Coll: 293-86'13 Tpl; 999995 Cert: 13624911 @1988-2009ACORDCORPORATION.Allrightsreserved.
The ACORD name and logo are registered marks of ACORD
ACORD 25(2009/01)