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Agenda 07/26/2016 (In Absentia) Item #16E107/26/2016 EXECUTIVE SUMMARY Recommendation to approve an Assumption Agreement with DWJH, LLC d/b/a Leo’s Sod, as it relates to the award of ITB #13-6070R “Purchase and Delivery of Turf.” OBJECTIVE: To complete the assignment of the award of Invitation to Bid (ITB) #13-6070R from the original party, Leo’s Sod, Inc., to DWJH, LLC d/b/a Leo’s Sod as it relates to the purchase and delivery of turf. CONSIDERATIONS: The proposed Assumption Agreement assigns all rights, duties, benefits, and obligations of the Vendor under the award of ITB #13-6070R “Purchase and Delivery of Turf” dated September 10, 2013 (Agenda Item 16.A.20) and its relevant amendment from Leo’s Sod, Inc. to DWJH, LLC d/b/a Leo’s Sod. The award of ITB #13-6070R was purchase order driven. Various County Divisions utilize the services provided under this award to provide turf to County properties. Leo’s Sod, Inc. was purchased by DWJH, LLC d/b/a Leo’s Sod on April 15, 2016. County staff received written notification of the sale of the company on June 27, 2016. Staff has acquired the necessary documents from DWJH, LLC d/b/a Leo’s Sod, which have been reviewed and approved by the County Attorney’s Office. The Procurement Services Division is recommending approval of the assumption of this award by the new firm DWJH, LLC d/b/a Leo’s Sod to be effective June 27, 2016 through September 9, 2016, with the option to renew for an additional one year term. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it as to form and legality. Majority support is required for approval. - JAK RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to sign the proposed Assumption Agreement with DWJH, LLC d/b/a Leo’s Sod as it relates to ITB #13-6070R “Purchase and Delivery of Turf” to be effective on June 27, 2016. Prepared by: Brenda Brilhart, Procurement Specialist, Procurement Services Division ATTACHMENT(S) 1. Assumption Agreement (PDF) 2. Bill of Sale (PDF) 3. [Linked] Exhibit A (PDF) 16.E.1 Packet Pg. 452 07/26/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.1 Item Summary: Recommendation to approve an Assumption Agreement with DWJH, LLC d/b/a Leo’s Sod, as it relates to the award of ITB #13-6070R “Purchase and Delivery of Turf.” Meeting Date: 07/26/2016 Prepared by: Title: Procurement Specialist – Procurement Services Name: Brenda Brilhart 07/12/2016 10:27 AM Submitted by: Title: Interim Procurement Director – Procurement Services Name: Allison Kearns 07/12/2016 10:27 AM Approved By: Review: Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 07/12/2016 2:23 PM Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 07/14/2016 10:50 AM Procurement Services Sandra Herrera Level 1 Purchasing Reviewer 1-4 Completed 07/19/2016 2:16 PM Procurement Services Evelyn Colon Level 1 Purchasing Reviewer 1-4 Completed 07/19/2016 2:25 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 07/20/2016 3:58 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/26/2016 7:55 AM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 07/26/2016 9:14 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/26/2016 2:38 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/26/2016 4:14 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/26/2016 12:00 AM 16.E.1 Packet Pg. 453 16.E.1.a Packet Pg. 454 Attachment: Assumption Agreement (1636 : Recommendation to approve an Assumption Agreement with DWJH, LLC d/b/a Leo?s Sod) 16.E.1.a Packet Pg. 455 Attachment: Assumption Agreement (1636 : Recommendation to approve an Assumption Agreement with DWJH, LLC d/b/a Leo?s Sod) Bill of Sale KNOW ALL MEN BY THESE PRESENTS, that LEO'S SOD. INC.. of the County of Collier, and State of Florida ("Seller"') for and in consideration of TEN AND NO/IOO's ($10.00) DOLLARS, lawful money of the United States, to it paid by DWJH, LLC ("Buyer"') and for other good and valuable considerations, the receipt of which is hereby acknowledged, grants, bargains, sells, transfers and delivers, to Buyer, the following goods and chattels: those certain assets of the Seller, doing business as LEO'S SOD, at 3612 Bayshore Drive, Naples, PL 34112 (the "Business"), including all transferable permits and licenses, and a copy of all the regularly kept business records of the Business and the equipment and inventory of the Business as listed in the attached Schedules. TO HAVE AND TO HOLD forever as the property of the Buyer. Seller covenants to and with the Buyer that Seller is the lawful owner of the goods and chattels, that they are free from all encumbrances, that Seller has the right to sell the goods and chattels, that Seller will warrant and defend the sale of the goods and chattels to the Buyer against the lawful claims and demands of all persons whomsoever. I Buyer " aud "Seller " are singular or plural ami of such gender as the conlexl recpiires. LEO'S SOD. INC. S TAT E O F F L O R I D A COUNTY OF LEE jQjVCua 0- By: TAMARA 0. HURT. President ■fjf The foregoing instrument was acknowledged befoi TAMARA 0. HURT, as President of LEO'S SOD. INC., a My CommissimJij^H^^^ MV COMMISSION « FF2327--J day 01 April, 2016, by SEAL Personally Known OR Produ^d Idenli: Type of Identification Produced expires July 26,20^9 Bill of Sale Page 1 of 1 Prepared by: John M. Wicker, Esq. COSTELLO & WICKER, P.A. (239) 939-2222 (voice) (239) 939-2280 (facsimile) 16.E.1.b Packet Pg. 456 Attachment: Bill of Sale (1636 : Recommendation to approve an Assumption Agreement with DWJH, LLC d/b/a Leo?s Sod) Equipment List Trucks Type Year Mileage Est Value Loans Ford F750 200B 58933 0 Ford F450 2014 5366 0 Ford F350 2012 19376 0 0 Autos Toyota Prius Hybrid 2013 24000 - -0 Forklifts Harlo H300B 1996 0 Harlo HP5000 2004 0 Harlo HP5000 2006 0 Daewoo G255 1991 0 Skidsteer Caterpillar 252B3 2012 250 hours 0 Trailers SE Metal Dump 2005 Emerson 16 ft 2000 • ^ Ecoline Yellow 2005 Loudo 16 ft 2007 Sod Cutter Ryan 18 in Ryan Jr 2013 Rollers Roller 1 Roller 2 ^ (S/2^ 1r^ 16.E.1.b Packet Pg. 457 Attachment: Bill of Sale (1636 : Recommendation to approve an Assumption Agreement with DWJH, LLC Misc. Field Supplies/Equip - 4 Traffic Barricade 1 manual Roller air compressor 4 wheelbarrows 2 Blowers Knife Sharpener Misc Tools Office Equipment 2 desks 5 chairs Cash Register 2 Printers File Cabinets 2 Computers Alarm System ice Maker Time Clock Small Refrig Microwave 2 window AC units ^l,S 16.E.1.b Packet Pg. 458 Attachment: Bill of Sale (1636 : Recommendation to approve an Assumption Agreement with DWJH, LLC