#10-5554R (Oliva Enterprises)
A G R E E MEN T 10-5554-R
for
NSP Lawn Care Program
THIS AGREEMENT, made and entered into on this 9th day of November, 2010, by and
between Oliva Enterprises, Inc., authorized to do business in the State of Florida, whose
business address is 4860 - 40th Street NE, Naples, Florida, 34120 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
November 9, 2010 and terminating on November 8,2011.
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 lawn care maintenance for the
Neighborhood Stabilization Program in accordance with the terms and conditions of
ITB #10-5554-R 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 one (1) of the Contractors awarded an Agreement for each
project based on an hourly rate of Nineteen Dollars ($19.00).
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:
Carmen 1. Oliva, Vice President
Oliva Enterprises, Inc.
4860 - 40u, Street NE
Naples, FL 34120
Telephone: 239-434-5296
Facsimile: 239-434-5296
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.5., all permits
necessary for the prosecution of the Work shall bc 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 bc 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 rulcs, rcgulations and laws of Collier County, the State of Florida, or the
U. S. Government now in forcc or hereaftcr adopted. The Contractor agrees to comply
with all laws governing thc 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 bc objectionablc 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 Liabilitv: Coverage shall have minimum limits of $300,000 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.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on thc Comprehensive
Gcneral Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintaincd by Contractor during the duration of this Agreement. Renewal
ccrtificates shall be scnt to thc County ten (10) days prior to any expiration date.
Page 3 of6
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
rcquirements 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
describcd 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, Human and Veteran 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 intercst 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, ITB #10-5554-R 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
consequcnces: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a spccificd period of time; b. Prohibition by the
individual and/or firm from doing busincss with the County for a specified period of
Page 4 01'6
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 rcgulations 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 rcsolve 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
hcreunder, 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 thc appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
Page 501'6
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder sct their hands and seals on the date and year first above
written.
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Approved as to form and
legal sufficiency:
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Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
'",i ~~,
Fred W. Coyle, Chairman'
Oliva Enterprises, Inc.
Contractor
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Page 6 01'6
~Rb' CERTIFICATE OF LIABILITY INSURANCE 1~~::l>IYYYYl
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PRODuceR
Carr & Associates
4735 Santa Barbara Boulevard
Naples. FL 34104
Phon. (239)348-3555
OCT-28-2010 10:55 From:
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(239) 403.6841 10Sl,l..... :
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COVERAGES CERTIFICATE NUMBER: REVISION NUM8ER:
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CERTIFICATE HOLDER
CANCELLATION
Collier County
Board of County Commissioners
3327 Tamiami Trail E
Naples, Fl34112
SHOULD ANY OF llIE ABOVE OESCRI8ED POLlCu:S BE CANCELlED BEFORE
THE EXPIRATION DATE Tl<EREOF, NOTICE WILL BE OEUVERED IN
ACCORDANCE WITH THE ~OLICY PROVISIONS.
AUTHORlZrn REPRl!SI!NTATlVE
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