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Backup Documents 06/11/2013 Item #16A 2Routed by Purchasing Department to Diana DeLeon for'EmilyColon, Phone Number 252 -8375 the Following Addressee(s) (In routing order). Office Initials Date 1. Risk Management Risk DD i 2. County Attorney Office County Attorney Office Agenda Item Number 16.A.2 Approved by the BCC provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. GV �3 3. BCC Office Board of County Number of Original 2 Attached Commissioners s 4. Minutes and Records Clerk of Court's Office Solicitation / Contract �/� /�3 5. Return to Purchasing Department Purchasing NumberNendor Name N/A Contact: Diana DeLeon Office and all other parties except the BCC Chairman and the Clerk to the Board PRIMARY CONTACT INFORMATION G.nih. Name of Primary Diana DeLeon for'EmilyColon, Phone Number 252 -8375 Purchasing Staff June 11, 2013 nitial A licable Contact and Date I DD i Agenda Date Item was June 11, 2013 V Agenda Item Number 16.A.2 Approved by the BCC provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. Type of Document Contract Number of Original 2 Attached signed by the Chairman, with the exception of most letters, must be reviewed and signed Documents Attached PO number or account N/A Solicitation / Contract 12 -5857R Neal's Lawn number if document is All handwritten strike - through and revisions have been initialed by the County Attorney's NumberNendor Name N/A to be recorded Office and all other parties except the BCC Chairman and the Clerk to the Board INSTRUCTIONS & CHECKLIST z ( ZL15p,, Initial the Yes column or mark "N /A".Jn the Not Applicable column, whichever is : Yes N/A a ro riate. nitial A licable 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed (tom by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the (e h document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases (some contracts are an exception), an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is - input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for e Chairman's signature. z ( ZL15p,, ?6A 2# MEMORANDUM Date: June 14, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #12 -5857R "Nuisance Abatement" Contractor: Neal's Lawn and Landscaping Maintenance, Inc. Attached, is an original of the assumption agreement referenced above (Agenda Item #16A2), approved by the Board of County Commissioners on Tuesday, June 11, 2013. The original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252 -7240. Thank you. Attachment 16A 2 A G R E E M E N T 12-5857R for Nuisance Abatement THIS AGREEMENT is made and entered into this Jt day of J " ham , 2013, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner ") and Neal's Lawn and Landscaping Maintenance, Inc. as the Secondary Contractor, authorized to do business in the State of Florida, whose business address is 363 Altamont Avenue, Fort Myers, Florida 33905 (hereinafter referred to as the "Contractor "). WITNESSETH: COMMENCEMENT: The contract shall be for a two (2) year period, commencing on the date of award and terminating two (2) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated by the County. This contract shall have two (2) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, 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 Board of County Commissioners deemed three (3) firms to be qualified and awarded a Contract to each firm for services, as identified in Exhibit B, hereby attached and incorporated by reference. The County has divided the two (2) categories of work into two (2) districts (North and South) with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a Primary and Secondary Contractor for each of the North and South districts within Category 1: Mowing; and a different Primary and Secondary Contractor for each of the north and south districts within Category 2: Litter and Debris Removal. In this contract the County is awarding North and South districts in Category 2 to the Secondary Contractor. Each awardee will enter into an Agreement to provide services for Nuisance Abatement on a Primary/Secondary basis as may be required by the Owner in accordance with the terms and conditions of ITB #12- 5857R, the Contractor's proposal, and Exhibit A, Scope of Services which are incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations for all work undertaken by Contractor for Owner pursuant to this Agreement and during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, all work will be sent to the Primary Contractor weekly on Tuesday and Thursday. For work sent on Tuesday, the Primary Contractor must respond that they accept the work by end of business on Wednesday. For work sent on Thursday, the Primary Contractor must respond that they accept the work by end of business on Friday. For any work not responded to or not accepted by the Primary Contractor, the Secondary Contractor will be sent the list of jobs weekly on Monday. ZIP 16A 2 2.1 While this Agreement is intended primarily for the Collier County Code Enforcement and Facilities Management Department, any County Department may use this contract(s) provided sufficient funds are included in its budget(s). For added properties, mowing sites or services where departments other than Collier County Code Enforcement and Facilities Management Department may want to use this agreement, those services shall be priced in accordance with Exhibit B. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the work awarded to them in accordance with the fee schedule in Exhibit B. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Neal's Lawn and Landscaping Maintenance, Inc. 363 Altamont Avenue Fort Myers, Florida 33905 Attention: Neal Tracy Phone: 239 - 240 -4300 nealslawna- hotmail.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Interim Purchasing /General Services Director Phone: 239 - 252 -8975 Fax: 239 - 252 -6480 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 Service Agreement must be in writing. 2 G 5. 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. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. 7. 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. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate, 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. 3 Ell 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. 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. 11. 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. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective work not remedied; (b) reasonable indication that the work will not be completed within the specified time; (f) unsatisfactory prosecution of the work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to 4 CA Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 13. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any work under this Agreement and Contractor shall diligently pursue the completion of the work. Contractor shall be solely responsible for all means, methods, techniques, sequences, and procedures as well as coordination of all portions of the work under the Contract Documents. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the work to increase or decrease the work. Promptly after being notified of a change, Contractor shall submit to the using department, an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. A modification to the Purchase Order shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly modified Purchase Orders. 15. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 16. CLEAN UP. Contractor agrees to keep the work sites clean at all times of debris, rubbish and waste materials. At the completion of the work, Contractor shall remove all debris, rubbish and waste materials from and about the work site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 5 17. ASSIGNMENT. Contractor shall prior consent in writing of Owner. any part thereof, it shall require Contractor all of the obligations Owner. 16A 2 not assign this Agreement or any part thereof, without the If Contractor does, with approval, assign this Agreement or that its assignee be bound to it and to assume toward and responsibilities that Contractor has assumed toward 18. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 19. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons at the work site, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 20. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 21. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, ITB #12- 5857R, any addenda, Exhibits A and B, and any Purchase Order made or issued pursuant to this Agreement. 22. 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. Q c� 16A 2 23. 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. 24. 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. No markup shall be applied to sales tax. 25. 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. 26. VENUE: 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. 27. 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. 28. 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. 29. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years 30. 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 7 c C� 16A 2 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. * * * * * * * * * * * * * * * * * * * * * * * * ** *Remainder of page intentionally left blank** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 0 16 A 2 "" 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. ATTEST: Dwight-E'.Bmck,�{�I!rk of Courts By: r r Date k jr Attest as signature n'�" W V1 Ill V, f Typerint Witness Name Second Witness Creme V) -'F� � ine i� Type /Print Witness Name Approved as to form and legal sufficiency: PA144 ��—Oa4o� ssistant Vounly A orney BOARD OF COUNTY COMMISSIONERS COLLI 9OUNTY, F RIDA By:. A G r i ill Esq., Chairwoman Neal's Lawn and Landscaping Ma' tenance, Inc. Z tractor iian'ature 1 E 16A 2 EXHIBIT A Scope of Services 12 -5857 Nuisance Abatement Contractor shall provide the following services which include, but are not limited to: mowing, bush - hogging and litter /debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article VI, Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. These specifications are intended to provide the information by which Contractors may understand the minimum requirements of Collier County relative to this Agreement. It is the responsibility of the awarded contractors to adhere to these laws and regulations. Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres) • East Naples District • Golden Gate City District • Golden Gate Estates District • North Naples District • Immokalee District - Inclusive of Port of the Isles /Goodland /Copeland The quantity and location of the service areas listed above are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during said term, but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot owner exemptions, the County will not guarantee any number of lots for the term of this Agreement. The County has divided the two (2) categories of work into two (2) districts (north and south) with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a primary and secondary Contractor for each of the north and south districts within Category 1: Mowing; and a different primary and secondary Contractor for each of the north and south districts within Category 2: Litter and Debris Removal. The two (2) categories include: Mowinc Category which is made up of: Mandatory Work: The work is described as a public nuisance determined to exist three (3) or more times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same ownership. 2. Non - mandatory Work: The work is described as any accumulation of weeds, grass or similar non - protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on a mowable lot, in any Recorded or Unrecorded subdivision of Collier County. Litter and Debris Removal Category and includes, but, is not limited to: clean -up, removal, proper disposal of white goods, cars, trucks, grills, tires, scrap metal, or any other item large item as defined by the Department, and fill dirt if ordered. For both categories of work, the Contractor shall provide all labor (qualified personnel), material, supplies and equipment to perform required services, including but not limited to, mowing, bush - hogging and litter /trash removal in accordance with all specifications, terms and conditions specified herein and attached hereto. The County intends to use the awarded Contractors as described above for mandatory and non - mandatory mowing services, and on -call large abatement services. General Requirements: In all cases, prior to each abatement operation, the Contractor shall pick up all litter and vegetative debris, and remove it from all areas to be abated, to ensure clean abatement 10 Ego 16A 24 conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to avoid bumping, girdling, and /or causing any other damage to trees, shrubs, plants, fences, and benches. The sites requiring abatement can and will be both public and private property which are under enforcement action taken by the County. Abatement is through authority provided under Ordinance and may be accompanied in some cases by Court Order which may or may not require an escort. 2. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning the nature and location of the work and the general and local conditions, and particularly, but, without limitation, with respect to the following: physical conditions at the work -site and the project area as a whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the basis for any claim for additional compensation. 3. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the term of this Agreement shall be mowed with twenty -one inch (21" + / -) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self - propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. 4. Photograph Requirements: All photographs shall be time and date stamped. The before photo showing the violation prior to Contractor abatement, and the after photo showing the site immediately after Contractor abatement. Photos must be in color and submitted in electronic format to the designated County representative within seven (7) days of abatement. As the photographs may be used as evidence, the Contractor shall retain originals of said photographs either until payment is received by the County or until such a time as deemed appropriate by any other government authority as required by law. 5. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to complete the jobs, who is familiar with the terms and conditions of the contract and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Agreement. If the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and shall assign a new Supervisor within seven (7) calendar days of the County's notification. All communication, written or oral, shall be solely in the English language. 6. Contractor Equipment: The Contractor shall provide all equipment to perform requested services, including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain saws, bush - hogging equipment, etc. The Contractor shall keep all blades sharpened to provide a smooth, clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written approval has been granted by County representative(s) in writing. 7. Mowin : The Contractor shall mow at the interval identified in the individual abatement request, unless otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the County's Mandatory Lot Mowing Program which may require mowing bi- weekly during certain periods of heavy growth (May 1 through October 31), and monthly mowing from November 1St through April 30th, unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditions for the Contractor. 8. Schedulina Services: The Contractor shall have seven (7) calendar days from the date of notice to proceed to complete work related to the abatement, unless otherwise directed in writing, or unless specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure the safety of all citizens and animals on and around subject property during abatement operations. 9. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless preempted by scheduled activities. 11 cAO 16A Li 10. Reports and Invoicing: The Contractor shall complete and submit with the invoice for payment, the form(s) provided to the Contractor with before and after photos - date and time stamped. The Contractor will also be required to conduct on -site inspections with Code Enforcement or County's Representative on an as needed basis to verify satisfactory completion of Contract requirements. 11. Equipment Required for Services: • Tractor w/ 60" bush hog or greater (optional, however, must have access as needed) • Professional /Commercial Grade Riding Mower • Hand pushed mower(s) • Weed eater(s) • Power Blower(s) • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This could be anything from garbage to appliances, furniture, tires, junk cars or other large items. • Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safely perform the job in an efficient and timely manner. • Any other items necessary to accomplish the task. 12. Property Owner Complaint Process: For the purpose of reporting complaints, the Contractor shall contact the County's Project Manager with any complaints at (239) 252 -2329. The Contractor will contact the Code Enforcement representative to notify County personnel of any complaints received within twenty -four (24) hours. If directed by the Project Manager, the Contractor shall address all complaints within five (5) working days of notification of knowledge of the incident. Damages not responded to or not resolved to the reasonable satisfaction of the County, shall be deducted from the Contractor's invoice. The County is to receive copies of all complaints received (in writing) and, if applicable, have a record of their disposition /resolution. 13. Specifications a. Mowing: Assignment of job sites may require a one -time mowing or a continuous cycle of bi- weekly during the period from May 1 St through October 31St, or monthly during the period from November 1St through April 30th. Mowing shall include all specified areas of the properties that are not currently maintained by the property owners, or as indicated on the Code Enforcement request. Swales and dry retention areas must be mowed -prior to authorizing a vendor to enact the County's Mandatory Lot Mowing Program, the Contractor will be asked to make a site visit and confirm the property size and frequency with the assigned Code Enforcement Investigator. Grass shall be cut at a height no less than three inches (Y). The frequency of cutting will be determined by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to palm fronds, leaves, branches, etc.) shall be mulched or removed by the contractor. b. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. c. Blowing: All sidewalks, curbing and /or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean. No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right -of -way areas. 12 c� 16A 2 d. Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned by removing all trash and debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping fees or charges are to be included in the base cost of these services. e. Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of large items such as appliances, furniture, tires, junk cars or other large items are part of this Agreement and shall be priced in accordance with Exhibit B. 13 CA� 16A 2" EXHIBIT B Fee Schedule 12 -5857R Nuisance Abatement Secondary Contractor 4 Litter and Debris Additional debris removal Removal $350.00 Per Dumpster $350.00 Per Dumpster Hourly labor rate for additional 5 unanticipated work not outlined in the $30.00 $30.00 solicitation (i.e. hazardous waste abatement, etc.) 14 0 Litter and Debris Removal: which may include, and not be limited to abatement Litter and of white goods, cars, trucks, grills, tires, 1 Debris scrap metal, or any other item large item $18.00 $18.00 Removal as defined by the Department (inclusive of dumpster and disposal /tipping fees per cubic yard) 2 Litter and Debris Litter and Debris Removal Fill Dirt (per $20.00 $20.00 cubic yard) Removal Additional mark -up for supplies and Litter and equipment for items not identified in $0.00 $0.00 3 Debris the scope of work (expressed as .xx) Removal plus cost over the vendor's invoice provided to the County 4 Litter and Debris Additional debris removal Removal $350.00 Per Dumpster $350.00 Per Dumpster Hourly labor rate for additional 5 unanticipated work not outlined in the $30.00 $30.00 solicitation (i.e. hazardous waste abatement, etc.) 14 0 A i I n CERTIFICATE OF LIABILITY INSURANCE 6/12" PRODUCER Carolyn Rummel Agency 3970 State Road 64 East Bradenton, FL 34208 Phone (941) 7484555 Fax (941) 748 -8553 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC INSURED Neal's Laval and Landscaping Maintenance, Inc. 363 Atlamont Ave Fort Myers, FL 33905 (239) 677-7998 INSURER a Western World Ins. Co. ' INSURER B: I Naples, FL 34104 Fax # 239- 252 -6480 INSURER C- INSURER D: INSURER E COVERAGES INSURER F: THE POLICIES OF INSURANCE LISTED 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 OF 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. INSIt UR A ADIrL WSRD ❑ TYPE OF INSURANCE GENERAL LIABILITY © COMMERCIAL GENERAL LIABILITY ❑ ❑ CLAIMS MADE © OCCUR ❑ POLICY NUILBER NPP8D75342 OR7�E E'FFECnVE 08116112 POLICY EVVMTION 08/16/13 LIMITS EACH OCCURRENCE 1000000 DAMAGE PRRE PREMISES ( 100000 1 MED EXP (Any one persm) 5000 PERSONAL &ADV INJURY 1000000 GENERALAGGREGATE 2000000 ❑ G ITL AGGREGATE LIMIT APPLIES P ❑ POLICY ❑ PROJECT ❑ LOC PRODUCTS - COMPIDP AGG 1000000 ❑ AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ ALL OWNED AUTOS ❑ SCHEDULED AUTOS ❑ HIRED AUTOS ❑ NON OWNED AUTOS ❑ COMBINED SINGLE LIMIT (Ea acdden4 BODILY INJURY (per P—) BODILY INJURY (Perms PROPERTY DAMAGE (PeraaideM ❑ GARAGE LIABILITY ❑ ANY AUTO ❑ AUTO ONLY - EAACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG ❑ EXCESSIUN93RE L A LIABILITY ❑ OCCUR ❑ CLAIMS MADE ❑ DEDUCTIBLE ❑ RETENTION S EACH OCCURRENCE _ AGGREGATE NLOtt1EiS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR I PARTNER 1 EXECUTIVE OFFICER 1 MEMBER EXCLUDED? IF yes, descbe under SPECIAL PROVISIONS below ❑ WC STATt1 ❑ OTH- TORY LIMTCS ER E L EACH ACCIDENT EL DISEASE - EA EMPLOYEE El DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Collier County Named as: Additional Insured Contract #12 -5857 Contact: Nuisance Abatement rFRSIFICnTF HCII nFR CANCELLATION ACORD 25 (2001108) QF 1000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WL L- ENDEAVOR TO MAIL Collier County Board of County Commissioners 30 DAYS YYRmEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 2500 N IiOrsehoe Dr 1111POSE NO OBLIGATION OR.UAITY THE LEFT, BUT FAILURE TO DO SO SHALL BIL OF ANY'KIND UPON THE INSURER, ITS AGENTS OR REPRESENrATNES. Naples, FL 34104 Fax # 239- 252 -6480 AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) QF 1000 �- CERTIFICATE OF LIABILITY INSURANCE D (M lYYYY) 09/10/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy((es) must be endorsed. 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). PRODUCER Fed USA #1549 3707 Cleveland Avenue Fort Myers, FL 33901 Phone (239) 337 -7755 Fax (239) 277 -0045 CNAME: ONTACT PHONE 239 337 -7755 FAX (239) 277 -0045 AIC No ExM ( ) ADDRESS: fedusaftmyers@netscape.nef INSURER (S) AFFORDING COVERAGE NAIC # INSURER A: PROGRESSIVE INSURANCE INSURED Neal, Tracy / Neal's lawn & landscaping maintenance ,Inc 363 altamonte ave It myers, FL 33905 (239) 240 -4300 i INSURER B: INSURER c : . INSURER D: INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TC 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD INSR U8 WVD POLICY NUMBER MM/DD /YYW MMIDDIYYYY LIMITS GENERAL LIABILITY ❑ COMMERCIAL GENERAL LIABILITY ❑ ❑ CLAIMS -MADE ❑ OCCUR ❑ EACH OCCURRENCE S DAMAGETO RENTED PREMISES occurrence MED EXP (Any one person S PERSONAL & ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER ❑ POLICY ❑ PRO- ❑ LOC jErT PRODUCTS - COMP /OP AGG 5 S A AUTOMOBILE LIABILITY ❑1 ANY AUTO ❑ AUTOS OWNED ❑� AUTOS SCHEDULED NON -OWNED ❑ HIRED AUTOS ❑ AUTOS n ❑ _ 01829618-0 Og(10l20t 2 09/12!2013 EOMaBB1 dED SINGLE LIMIT S 1,000,000.00 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE er accrdeM $ PIP S 10,000.00 ❑ UMBRELLA LIAB ❑ OCCUR ❑ EXCESS LIAB ❑ CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE 5 ❑ DED [I RETENTION S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E If yes, describe under DESCRIPTION OF OPERATIONS below NIA E] WC YT Mrr ❑ OTH EL EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE S E.L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Scheduie, if more space is required) I i CERTIFICATF 1401 nFR CANCFI I ATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 2800 N HORSEHOE DR r NAPLES, FL 34104 FAX#239- 252 -6480 ACORD 25 (2010105) QF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE DAVID E WILCOX C 1988 -2010 ACORD CORPORATION. All rights reserveat. The ACQAIX-name and logo are registered marks of ACORD JEFF ATWATER CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * " CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 5/9/2013 EXPIRATION DATE: 5/9/2015 PERSON: NEAL TRACY L FEIN: 462721561 BUSINESS NAME AND ADDRESS: NEALS LAWN & LANDSCAPIN( 363 ALTAMONT AVE FORT MYERS FL 33905 SCOPES OF BUSINESS OR TRADE: LANDSCAPE GARDENING & DRIVERS Pursuant to Chapter 440.05(14), F.S., an officer of a corpxation who elects exemption from this chapter by filing a certificate of election under this section may not recover bemefts or compensation under this chapter. Pursuant to Chapter 440.05(12), F.S., Certificates of election to be exempt ... apply only within the scope of the business or trade listed on the notice of election to be exempt. Pursuant to Chapter 440.05(13), F.S., Notices of election to be exempt and certificates of election to be exempt shah be subject to revocation if, at any time after the filling of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS- F2 -DWC -252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 07 -12 QUESTIONS? (850)413 -1609 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATLI 2 I m t VC ITNTY�ATTUNIJX PI itirTTNG - fP wS .; .t; Routed by Purchasing Department to the Following Addressee(s) (In routing order) Office Initials Date 1. Risk Management Risk 4.//2-A..5 2. County Attorney Office County Attorney Office 3. BCC Office Board of County Commissioners ti 6y tt,rR (p,s//3 4. Minutes and Records Clerk of Court's Office ft 1(3 t2:. ?pr , 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for F y Colon, Phone Number 252-8375 Purchasing Staff June 11,2013 E,100.0 Contact and Date Agenda Date Item was June 11,2013 Agenda Item Number 16.A.2 Approved by the BCC /Type of Document Contract Number of Original Attached Documents Attached PO number or account N/A Solicitation/Contract FA number if document is Number/Vendor Name Remodeling to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed �„f p( by the Office of the County Attorney. J� 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 16A2 MEMORANDUM Date: July 5, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5857R "Services for Nuisance Abatement" Contractor: FA Remodeling & Repairs, Inc. Attached is a copy of the contract referenced above, (Item #16A2) approved by the Board of County Commissioners on June 11, 2013. The original contract will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16x2 AGREEMENT12-5857R for Nuisance Abatement ;; _ THIS AGREEMENT is made and entered into this WI day of ax , 2013, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and FA Remodeling and Repairs, Inc. as the Primary Contractor, authorized to do business in the State of Florida, whose business address is 8244 Key Royal Circle, Unit 636 Naples, Florida 34119 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on the date of award and terminating two (2) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated by the County. This contract shall have two (2) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, 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 Board of County Commissioners deemed three (3) firms to be qualified and awarded a Contract to each firm for services, as identified in Exhibit B, hereby attached and incorporated by reference. The County has divided the two (2) categories of work into two (2) districts (North and South) with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a Primary and Secondary Contractor for each of the North and South districts within Category 1: Mowing; and a different Primary and Secondary Contractor for each of the north and south districts within Category 2: Litter and Debris Removal. In this contract the County is awarding both North and South districts and Categories 1 and 2 to one (1) Primary Contractor. Each awardee will enter into an Agreement to provide services for Nuisance Abatement on a Primary/Secondary basis as may be required by the Owner in accordance with the terms and conditions of ITB #12-5857R, the Contractor's proposal, and Exhibit A, Scope of Services which are incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations for all work undertaken by Contractor for Owner pursuant to this Agreement and during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, all work will be sent to the Primary Contractor weekly on Tuesday and Thursday. For work sent on Tuesday, the Primary Contractor must respond that they accept the work by end of business on Wednesday. For work sent on Thursday, the Primary Contractor must respond that they accept the work by end of business on Friday. For any work not responded to or not accepted by the Primary Contractor, the Secondary Contractor will be sent the list of jobs weekly on Monday. 1 1 16A2 2.1 While this Agreement is intended primarily for the Collier County Code Enforcement and Facilities Management Department, any County Department may use this contract(s) provided sufficient funds are included in its budget(s). For added properties, mowing sites or services where departments other than Collier County Code Enforcement and Facilities Management Department may want to use this agreement, those services shall be priced in accordance with Exhibit B. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the work awarded to them in accordance with the fee schedule in Exhibit B. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: FA Remodeling and Repairs, Inc. 8244 Key Royal Circle, Unit 636 Naples, Florida 34119 Attention: Carla Alvear Phone: 239-601-0122 Fax: 239-354-8089 famodeling@gmail.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8975 Fax: 239-252-6480 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 Service Agreement must be in writing. 2 g el 6 A2g a 5. NO PARTNERSHIP: Nothing herein contained shall create or be constru partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. 7. 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. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate, 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. 3 cq L6AI f C.C Workers' Compensation: Insurance covering all employees meeting Stat 2 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. 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. 11. 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. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective work not remedied; (b) reasonable indication that the work will not be completed within the specified time; (f) unsatisfactory prosecution of the work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to 4 S 1 Owner, whether relating to or arising out of this Agreement or any other agreemen be e n Contractor and Owner. 13. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any work under this Agreement and Contractor shall diligently pursue the completion of the work. Contractor shall be solely responsible for all means, methods, techniques, sequences, and procedures as well as coordination of all portions of the work under the Contract Documents. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the work to increase or decrease the work. Promptly after being notified of a change, Contractor shall submit to the using department, an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. A modification to the Purchase Order shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly modified Purchase Orders. 15. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 16. CLEAN UP. Contractor agrees to keep the work sites clean at all times of debris, rubbish and waste materials. At the completion of the work, Contractor shall remove all debris, rubbish and waste materials from and about the work site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 5 16A2 17. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 18. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 19. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons at the work site, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 20. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 21. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, ITB #12-5857R, any addenda, Exhibits A and B, and any Purchase Order made or issued pursuant to this Agreement. 22. 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. 6 c,� 16A ?23.SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between t parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 24. 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. No markup shall be applied to sales tax. 25. 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. 26. VENUE: 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. 27. 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. 28. 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. 29. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years 30. 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 7 0 16 A2 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. ***************************Remainder of page intentionally left blank********************************* 8 Cq 16 A2 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 'OMMISSIONERS ATTEST: COLLIER U; TY, ' LORIDA Dwight E. Brock, Clerk of Courts By: I ''~ , By: iR 40*'° a, GeorI� : • . iller, Esq., Chairwoman Dated: " S° Attest WroVfaittnifk signature only. FA Remodeling and Repairs, Inc. Contractor , Vii B : I Y Fi st Witness Signature r QAtue Qac Type/Print Witness Name Typed Signa ure ti/i' V;c -RteSCV-11+ Second Witness Title-16 Fr ceCC.. o(.0VnO 4,\ Type/Print Witness Name Approved as to form and OAAA L43, Assistant Co my Att r� ney Item# Agenda (,,�'_t3 Date lV Date 1—H Rec d 9 EXHIBIT A 16 A 2 Scope of Services 12-5857 Nuisance Abatement Contractor shall provide the following services which include, but are not limited to: mowing, bush-hogging and litter/debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article VI, Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. These specifications are intended to provide the information by which Contractors may understand the minimum requirements of Collier County relative to this Agreement. It is the responsibility of the awarded contractors to adhere to these laws and regulations. Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres) • East Naples District • Golden Gate City District • Golden Gate Estates District • North Naples District • Immokalee District- Inclusive of Port of the Isles/Goodland/Copeland The quantity and location of the service areas listed above are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during said term, but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot owner exemptions, the County will not guarantee any number of lots for the term of this Agreement. The County has divided the two (2) categories of work into two (2) districts (north and south) with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a primary and secondary Contractor for each of the north and south districts within Category 1: Mowing; and a different primary and secondary Contractor for each of the north and south districts within Category 2: Litter and Debris Removal. The two (2) categories include: Mowing Category which is made up of: 1. Mandatory Work: The work is described as a public nuisance determined to exist three (3) or more times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same ownership. 2. Non-mandatory Work: The work is described as any accumulation of weeds, grass or similar non- protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on a mowable lot, in any Recorded or Unrecorded subdivision of Collier County. Litter and Debris Removal Category and includes, but, is not limited to: clean-up, removal, proper disposal of white goods, cars, trucks, grills, tires, scrap metal, or any other item large item as defined by the Department, and fill dirt if ordered. For both categories of work, the Contractor shall provide all labor (qualified personnel), material, supplies and equipment to perform required services, including but not limited to, mowing, bush-hogging and litter/trash removal in accordance with all specifications, terms and conditions specified herein and attached hereto. The County intends to use the awarded Contractors as described above for mandatory and non-mandatory mowing services, and on-call large abatement services. 1. General Requirements: In all cases, prior to each abatement operation, the Contractor shall pick up all litter and vegetative debris, and remove it from all areas to be abated, to ensure clean abatement 10 Cg 16A2 conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to avoid bumping, girdling, and/or causing any other damage to trees, shrubs, plants, fences, and benches. The sites requiring abatement can and will be both public and private property which are under enforcement action taken by the County. Abatement is through authority provided under Ordinance and may be accompanied in some cases by Court Order which may or may not require an escort. 2. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning the nature and location of the work and the general and local conditions, and particularly, but, without limitation, with respect to the following: physical conditions at the work-site and the project area as a whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the basis for any claim for additional compensation. 3. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the term of this Agreement shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. 4. Photograph Requirements: All photographs shall be time and date stamped. The before photo showing the violation prior to Contractor abatement, and the after photo showing the site immediately after Contractor abatement. Photos must be in color and submitted in electronic format to the designated County representative within seven (7) days of abatement. As the photographs may be used as evidence, the Contractor shall retain originals of said photographs either until payment is received by the County or until such a time as deemed appropriate by any other government authority as required by law. 5. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to complete the jobs, who is familiar with the terms and conditions of the contract and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Agreement. If the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and shall assign a new Supervisor within seven (7) calendar days of the County's notification. All communication, written or oral, shall be solely in the English language. 6. Contractor Equipment: The Contractor shall provide all equipment to perform requested services, including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain saws, bush-hogging equipment, etc. The Contractor shall keep all blades sharpened to provide a smooth, clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written approval has been granted by County representative(s) in writing. 7. Mowing: The Contractor shall mow at the interval identified in the individual abatement request, unless otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the County's Mandatory Lot Mowing Program which may require mowing bi-weekly during certain periods of heavy growth (May 1 through October 31), and monthly mowing from November 1st through April 30th, unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditions for the Contractor. 8. Scheduling Services: The Contractor shall have seven (7) calendar days from the date of notice to proceed to complete work related to the abatement, unless otherwise directed in writing, or unless specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure the safety of all citizens and animals on and around subject property during abatement operations. 9. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless preempted by scheduled activities. 11 CAO 10. Reports and Invoicing: The Contractor shall complete and submit with the invoice'1'b aQ 2 the form(s) provided to the Contractor with before and after photos - date and time stamped. The Contractor will also be required to conduct on-site inspections with Code Enforcement or County's Representative on an as needed basis to verify satisfactory completion of Contract requirements. 11. Equipment Required for Services: • Tractor w/60" bush hog or greater(optional, however, must have access as needed) • Professional/Commercial Grade Riding Mower • Hand pushed mower(s) • Weed eater(s) • Power Blower(s) • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This could be anything from garbage to appliances, furniture, tires, junk cars or other large items. • Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safely perform the job in an efficient and timely manner. • Any other items necessary to accomplish the task. 12. Property Owner Complaint Process: For the purpose of reporting complaints, the Contractor shall contact the County's Project Manager with any complaints at (239) 252-2329. The Contractor will contact the Code Enforcement representative to notify County personnel of any complaints received within twenty-four (24) hours. If directed by the Project Manager, the Contractor shall address all complaints within five (5) working days of notification of knowledge of the incident. Damages not responded to or not resolved to the reasonable satisfaction of the County, shall be deducted from the Contractor's invoice. The County is to receive copies of all complaints received (in writing) and, if applicable, have a record of their disposition/resolution. 13. Specifications a. Mowing: Assignment of job sites may require a one-time mowing or a continuous cycle of bi-weekly during the period from May 1st through October 31St, or monthly during the period from November 1st through April 30th. Mowing shall include all specified areas of the properties that are not currently maintained by the property owners, or as indicated on the Code Enforcement request. Swales and dry retention areas must be mowed-prior to authorizing a vendor to enact the County's Mandatory Lot Mowing Program, the Contractor will be asked to make a site visit and confirm the property size and frequency with the assigned Code Enforcement Investigator. Grass shall be cut at a height no less than three inches (3"). The frequency of cutting will be determined by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to palm fronds, leaves, branches, etc.) shall be mulched or removed by the contractor. b. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. c. Blowing: All sidewalks, curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean. No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. 12 0 d. Trash and Vegetative Debris Removal: With each service, all site areas shall be clean/l re4b2g all trash and debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping fees or charges are to be included in the base cost of these services. e. Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of large items such as appliances, furniture, tires, junk cars or other large items are part of this Agreement and shall be priced in accordance with Exhibit B. *********** 13 10 EXHIBIT B 16A2 Fee Schedule 12-5857R Nuisance Abatement Primary Contractor NORTH DISTRICT SOUTH Index Category 1 Description County Price Per DISTRICT Co Parcel unty Price Per Parcel Up to and including twenty-four(24) 1 Mowing inches high and up to one-half(.5) $30.00 $30.00 acres. Up to and including twenty-four(24) 2 Mowing inches and up to one-half(.5)to one (1) $30.00 $30.00 acre 3 Mowing Up to and including twenty-four(24) $35.00 $35.00 inches and from one (1)—two (2) acres Up to and including twenty-four(24) 4 Mowing inches per acre (for lots greater than two $35.00 $35.00 (2) acres) Twenty-four(24) inches and including 5 Mowing thirty-six (36) inches and up to one-half $40.00 $40.00 (.5) acres Twenty-four(24) inches and including 6 Mowing thirty-six(36) inches and one-half(.5) to $40.00 $40.00 one (1) acre Twenty-four(24) inches and including 7 Mowing thirty-six (36) inches and from one (1)to $45.00 $45.00 two (2) acres Twenty-four(24) inches and including 8 Mowing thirty-six (36) inches per acre (for lots $45.00 $45.00 greater than two (2) acres) 9 Mowing Over thirty-six(36) inches and up to $35.00 $35.00 one-half(.5) acre 10 Mowing Over thirty-six (36) inches and up to $40.00 $40.00 one-half(.5)to one (1) acre 11 Mowing Over thirty-six (36) inches per acre (for $35.00 $35.00 lots greater than one (1) acre) Additional mark-up for supplies and 13 Mowing equipment for items not identified in N/A N/A the scope of work (expressed as .xx) Labor rate for additional unanticipated 14 work not outlined in the solicitation (i.e. $17.00 $17.00 hazardous waste abatement, etc.) 14 0 EXHIBIT B 16 A2 Fee Schedule 12-5857R Nuisance Abatement Primary Contractor NORTH DISTRICT SOUTH Index Category 2 Description DISTRICT County Price County Price Litter and Debris Removal: which may include, and not be limited to abatement Litter and of white goods, cars, trucks, grills, tires, 1 Debris scrap metal, or any other item large item $15.00 $15.00 Removal as defined by the Department(inclusive of dumpster and disposal/tipping fees per cubic yard) Litter and 2 Debris Litter and Debris Removal Fill Dirt(per cubic yard) $18.00 $18.00 Removal Additional mark-up for supplies and Litter and equipment for items not identified in 3 Debris the scope of work(expressed as .xx) 0.00 0.00 Removal plus cost over the vendor's invoice provided to the County Hourly labor rate for additional 4 unanticipated work not outlined in the $17.00 $17.00 solicitation (i.e. hazardous waste abatement, etc.) 15 ACC0REP CERTIFICATE OF LIABILITY INSURANCE A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER CONTACT ROGER BOHORQUEZ NAME: Alberto Insurance W�No. ): (954)990-7620 FAX,No): (954)990-7592 7169 W Oakland park Blvd. ADDRESS: alberto @albertoinsurance.com Lauderhill,FL 33313 INSURER(S)AFFORDING COVERAGE NAIC# Phone (954)990-7620 Fax (954)990-7592 INSURER A: PROGRESSIVE AMERICAN INSURANCE INSURED INSURER B: FA REMODELING&REPAIRS INSURER C: 8244 KEY ROYAL CIR INSURER D: NAPLES,FL 34119 INSURER E r INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYYJ (MM/DD/YYYY) LIMITS GENERAL UABIUTY EACH OCCURRENCE $ DAMAGE TO ❑ COMMERCIAL GENERAL LIABILITY PREMISES(Ea Eoccurrence) $ ❑ ❑ CLAIMS-MADE ❑ OCCUR MED EXP(My one person) $ ❑ PERSONAL&ADV INJURY $ ❑ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ ❑ POLICY ❑ .ECOT ❑ LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000.00 (Ea accident) $ ❑ ANY AUTO BODILY INJURY(Per person) $ A ❑ AUTOS NED © AUTOS ULED Y 01677101-0 06/14/2012 06/14/2013 BODILY INJURY(Per accident) $ ❑ HIRED AUTOS ❑ NON-WNED PROPERTY DAMAGE (Per accident) ❑ ❑ $ ❑ UMBRELLA LIAB ❑OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAB ❑CLAIMS-MADE AGGREGATE _ $ ❑ DED ❑ RETENTION$ $ WORKERS COMPENSATION ❑TORY LIMITS ❑ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) FOR ANY AND ALL WORK PERFORMED ON BEHALF OF COLLIER COUNTY. CONTRACT#12-585712 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF COUNTY COMMISIONERSS THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 TAMIAMI TRAIL EAST NAPLES,FL 34112-4901 AUTHORIZED REPRESENTATIVE ROGER BOHORQUEZ ©1988-2010 ACORD CORPORATION. All rights reserved. 6aocua sir osmium)Fi- Thth ISf't4AfR woo own maw i•reset/fk?f If!';1P Xf S?! fttff p'1 AC1�UE DATE l6kIEoWB YY) `.� CERTIFICATE OF LIABILITY INSURANCE 05/09/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER Phone:239-403-3940 CONTACT Gulf Coast Insurance,LLC PHONE FAX 7795 Davis Blvd.,Suite 205 Fax:239-403-3943 IA/c.No.Extl: (A/C,No): Naples,FL 34104 E-MAIL PRODUCE: David Bostick PRODUCER FAREM-1 CUSTOMER ID N: INSURERS)AFFORDING COVERAGE NAIC# INSURED FA Remodeling&Repairs,INC. INSURER A:Auto Owners Insurance 18988 8244 Key Royal Cir.#636 INSURER B: Naples, FL 34119 INSURER C: INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP INSR MVO POLICY NUMBER _(MMIDD(YYYY) (MM/DP/YYYY)„ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 20105485 03/15/2013 03/15/2014 PAAGE S TO xTtEaTD e nce) $ 300,000 CLAIMS-MADE X,OCCUR MED EXP(My one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY n PRO T n LOC $ JE(: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) _ NON-OWNED AUTOS $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ _ RETENTION $ $ WORKERS COMPENSATION I WC TAiMTUU- AND EMPLOYERS'LIABILITY Y(N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) CONTRACT 12-58-57R FOR ANY AND ALL WORKED PERFORMED ON BEHALF OF COLLIER COUNTY CERTIFICATE HOLDER CANCELLATION COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board Of Commissioners AUTHORIZED REPRESENTATNE 2800 N.Horseshoe Drive David Bostick Naples,FL 34104 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD FAR 6 ID: JF AC' /2°N CERTIFICATE OF LIABILITY INSURANCE DATE(MM 05/161/201201 YY) 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER - Phone:239-939-1400 CAOMNTEA CT Five County Insurance Agency Fax:239-939-3813 PHONE 1 FAX 14120 Metropolis Avenue (AIC,No,Exq: {A1C,No): Fort Myers, FL 33912 E-MAIL ADDRESS: Stephen Dannenhauer INSURER(S)AFFORDING COVERAGE NAIC D INSURER A:Retail First Ins Co/Summit INSURED FA Remodeling and Repairs Inc INSURER B: 8244 Key Royal Circle#636 INSURER C: Naples, FL 34119 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 W1TH 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRR TYPE OF INSURANCE .N R e D POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDDlYYYY),(MMlDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGETO REN(ED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) _ $ _ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT JEa accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED -SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTO_ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ - $ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY - X TORY LIMITS ER Y!N A ANY PROPRIETOR/PARTNERIEXECUTIVE 713700 05/10/2013 05/10/2014 E.L.EACH ACCIDENT $ 1,000,0001 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION COLL332 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. COMMISSIONERS 3327 TAMIAMI TRAIL E MJrHORIZED REPRESENTATIVE NAPLES, FL 34112 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010(05) The ACORD name and logo are registered marks of ACORD (M (�'������� 16AZ ,. CERTIFICATE OF LIABILITY INSURANCE TT3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER CONTACT ROGER BOHORQUEZ NAME: Alberto Insurance a/cc.N o.Extl: (954)990-7620 (A//C,No): (954)990-7592 7169 W Oakland park Blvd. E-MAIL P ADDRESS: aIberto@albertoinsurance.com Lauderhill,FL 33313 INSURER(S)AFFORDING COVERAGE NAIC ft Phone (954)990-7620 Fax (954)990-7592 INSURER A: PROGRESSIVE AMERICAN INSURANCE INSURED INSURER B: FA REMODELING&REPAIRS INSURER C: 8244 KEY ROYAL CIR INSURER D: NAPLES,FL 34119 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE N W SR SVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY),(MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED C' COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ ❑ CLAIMS-MADE ❑ OCCUR MED EXP(Any one person) $ ❑� PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ ❑ POLICY ❑ JECT PRO ❑ LOC I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT , 000 000.00 (Ea accident) $ • ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 01677101-0 BODILY INJURY(Per accident) $ A ❑ Auros Auros 06/14/2012 07/14/2013 NON-OWNED PROPERTY DAMAGE ,I HIRED AUTOS ❑ AUTOS (Per accident) ❑ ❑ $ ❑ UMBRELLA LIAB E]OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAB ❑CLAIMS-MADE AGGREGATE $ _ LJ DED l—_I RETENTION$ $ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY Y/N ❑TORY LIMITS ❑ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) FOR ANY AND ALL WORK PERFORMED ON BEHALF OF COLLIER COUNTY. CONTRACT#12-5857R CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF COUNTY COMMISIONERSS THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 3327 TAMIAMI TRAIL EAST ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES,FL 34112-4901 AUTHORIZED REPRESENTATIVE ROGER BOHORQUEZ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05)QF The ACORD name and logo are registered marks of ACORD ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE „.2K M Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk 911/' &he/ ir 2. County Attorney Office County Attorney Office cop 62/ 'q/3 3. BCC Office Board of County Commissioners H /g 13 4. Minutes and Records Clerk of Court's Office 9 1( 1(3 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for E 'y Colon, Phone Number 252-8375 Purchasing Staff June 11,2013 Cr\ Contact and Date Agenda Date Item was June 11,2013 Agenda Item Number 16.A.2 Approved by the BCC Type of Document Contract Number of Original Attached Documents Attached PO number or account N/A Solicitation/Contract 12-585 Oliva number if document is NumberNendor Name Enterprises to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. u"" 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County - Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for th; / Chairman's signature. M,t tJ. e--. SfLiA FE bt.ct'r > @1 -ra DtprxJA� 16A2 11 MEMORANDUM Date: July 5, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5857R "Services for Nuisance Abatement" Contractor: Oliva Enterprises, Inc. Attached is a copy of the contract referenced above, (Item #16A2) approved by the Board of County Commissioners on June 11, 2013. The original contract will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment :-1 -- -. .---. .--1 46A2 AGREEMENT 12-5857R for rt1SK m,= ,.;;: 'y--f, Nuisance Abatement THIS AGREEMENT is made and entered into this [ (421ay of .J_L Q , 2013, by and between the Board of County Commissioners for Collier County, Florida, a bolitical subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Oliva Enterprises, Inc. as the Secondary Contractor, authorized to do business in the State of Florida, whose business address, 1911 47th Avenue Northeast, Naples, Florida 34120 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on the date of award and terminating two (2) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated by the County. This contract shall have two (2) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, 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 Board of County Commissioners deemed three (3) firms to be qualified and awarded a Contract to each firm for services, as identified in Exhibit B, hereby attached and incorporated by reference. The County has divided the two (2) categories of work into two (2) districts (North and South) with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a Primary and Secondary Contractor for each of the North and South districts within Category 1: Mowing; and a different Primary and Secondary Contractor for each of the north and south districts within Category 2: Litter and Debris Removal. In this contract the County is awarding North and South districts in Category 1 to the Secondary Contractor. Each awardee will enter into an Agreement to provide services for Nuisance Abatement on a Primary/Secondary basis as may be required by the Owner in accordance with the terms and conditions of ITB #12-5857R, the Contractor's proposal, and Exhibit A, Scope of Services which are incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations for all work undertaken by Contractor for Owner pursuant to this Agreement and during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, all work will be sent to the Primary Contractor weekly on Tuesday and Thursday. For work sent on Tuesday, the Primary Contractor must respond that they accept the work by end of business on Wednesday. For work sent on Thursday, the Primary Contractor must respond that they accept the work by end of business on Friday. For any work not responded to or not accepted by the Primary Contractor, the Secondary Contractor will be sent the list of jobs weekly on Monday. 1 /1.) 16A2 2.1 While this Agreement is intended primarily for the Collier County Code Enforcement and Facilities Management Department, any County Department may use this contract(s) provided sufficient funds are included in its budget(s). For added properties, mowing sites or services where departments other than Collier County Code Enforcement and Facilities Management Department may want to use this agreement, those services shall be priced in accordance with Exhibit B. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the work awarded to them in accordance with the fee schedule in Exhibit B. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Oliva Enterprises, Inc. 1911 47th Avenue Northeast Naples, Florida 34120 Attention: Carlos Oliva Phone: 239-434-5296 Fax: 239-434-5296 olivaenterprises(a�aol.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8975 Fax: 239-252-6480 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 Service Agreement must be in writing. 2 0 1A2 1 rate or be construe as c tin a 5. NO PARTNERSHIP: Nothing herein contained shall create g partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. 7. 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. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate, 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. 3 CA 14A2C. Workers' Compensation: Insurance covering all employees meeting tatutory 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. 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. 11. 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. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective work not remedied; (b) reasonable indication that the work will not be completed within the specified time; (f) unsatisfactory prosecution of the work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to 4 C.9 Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 13. CONTRACT TIME AND TIME EXTENSIONS. 16 A 2 A. Time is of the essence in the performance of any work under this Agreement and Contractor shall diligently pursue the completion of the work. Contractor shall be solely responsible for all means, methods, techniques, sequences, and procedures as well as coordination of all portions of the work under the Contract Documents. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the work to increase or decrease the work. Promptly after being notified of a change, Contractor shall submit to the using department, an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. A modification to the Purchase Order shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly modified Purchase Orders. 15. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 16. CLEAN UP. Contractor agrees to keep the work sites clean at all times of debris, rubbish and waste materials. At the completion of the work, Contractor shall remove all debris, rubbish and waste materials from and about the work site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 5 CA 16A2 17. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 18. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 19. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons at the work site, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 20. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 21. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, ITB #12-5857R, any addenda, Exhibits A and B, and any Purchase Order made or issued pursuant to this Agreement. 22. 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. 6 0 16 A 2 23. 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. 24. 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. No markup shall be applied to sales tax. 25. 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. 26. VENUE: 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. 27. 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. 28. 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. 29. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years 30. 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 7 CA 16A2 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. ***************************Remainder of page intentionally left blank********************************* 8 0 C,q 16A2 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 Or COUNTY COMMISSIONERS ATTEST: COLLIE' • NTY, FLORIDA Dwight E. Brock, Clerk of.Courts t 'r'fA B �. � Georgia A. Hiller, Esq., Chairwoman Dated: . ✓ .400t-)t. Attes OgA)Chairman s signature only. • • - •rises, Inc. Contractor By: First Witness Signature LaVeme M.Webb Oarryten Ol 1 va Type/Print Witness Name T Signature 92cA VtCe, r tsid¢K Second Witness Title • 4manda, par i Type/Print Witness`Name Approved as to form and Assistant Cou ty Attor ey 4 Item# UV- Agenda ___ Date ------- Date r)k--t" •ec'd Deputy( 9 EXHIBIT A 16 A 2 Scope of Services 12-5857 Nuisance Abatement Contractor shall provide the following services which include, but are not limited to: mowing, bush-hogging and litter/debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article VI, Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. These specifications are intended to provide the information by which Contractors may understand the minimum requirements of Collier County relative to this Agreement. It is the responsibility of the awarded contractors to adhere to these laws and regulations. Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres) • East Naples District • Golden Gate City District • Golden Gate Estates District • North Naples District • Immokalee District - Inclusive of Port of the Isles/Goodland/Copeland The quantity and location of the service areas listed above are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during said term, but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot owner exemptions, the County will not guarantee any number of lots for the term of this Agreement. The County has divided the two (2) categories of work into two (2) districts (north and south) with the dividing line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The County has awarded a primary and secondary Contractor for each of the north and south districts within Category 1: Mowing; and a different primary and secondary Contractor for each of the north and south districts within Category 2: Litter and Debris Removal. The two (2) categories include: Mowing Category which is made up of: 1. Mandatory Work: The work is described as a public nuisance determined to exist three (3) or more times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same ownership. 2. Non-mandatory Work: The work is described as any accumulation of weeds, grass or similar non- protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on a mowable lot, in any Recorded or Unrecorded subdivision of Collier County. Litter and Debris Removal Category and includes, but, is not limited to: clean-up, removal, proper disposal of white goods, cars, trucks, grills, tires, scrap metal, or any other item large item as defined by the Department, and fill dirt if ordered. For both categories of work, the Contractor shall provide all labor (qualified personnel), material, supplies and equipment to perform required services, including but not limited to, mowing, bush-hogging and litter/trash removal in accordance with all specifications, terms and conditions specified herein and attached hereto. The County intends to use the awarded Contractors as described above for mandatory and non-mandatory mowing services, and on-call large abatement services. 1. General Requirements: In all cases, prior to each abatement operation, the Contractor shall pick up all litter and vegetative debris, and remove it from all areas to be abated, to ensure clean abatement 10 0 16x2 conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to avoid bumping, girdling, and/or causing any other damage to trees, shrubs, plants, fences, and benches. The sites requiring abatement can and will be both public and private property which are under enforcement action taken by the County. Abatement is through authority provided under Ordinance and may be accompanied in some cases by Court Order which may or may not require an escort. 2. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning the nature and location of the work and the general and local conditions, and particularly, but, without limitation, with respect to the following: physical conditions at the work-site and the project area as a whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the basis for any claim for additional compensation. 3. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the term of this Agreement shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. 4. Photograph Requirements: All photographs shall be time and date stamped. The before photo showing the violation prior to Contractor abatement, and the after photo showing the site immediately after Contractor abatement. Photos must be in color and submitted in electronic format to the designated County representative within seven (7) days of abatement. As the photographs may be used as evidence, the Contractor shall retain originals of said photographs either until payment is received by the County or until such a time as deemed appropriate by any other government authority as required by law. 5. Supervision of Employees: The Contractor shall designate a competent Supervisor, and employees to complete the jobs, who is familiar with the terms and conditions of the contract and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Agreement. If the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and shall assign a new Supervisor within seven (7) calendar days of the County's notification. All communication, written or oral, shall be solely in the English language. 6. Contractor Equipment: The Contractor shall provide all equipment to perform requested services, including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain saws, bush-hogging equipment, etc. The Contractor shall keep all blades sharpened to provide a smooth, clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written approval has been granted by County representative(s) in writing. 7. Mowing: The Contractor shall mow at the interval identified in the individual abatement request, unless otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the County's Mandatory Lot Mowing Program which may require mowing bi-weekly during certain periods of heavy growth (May 1 through October 31), and monthly mowing from November 1st through April 30th, unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditions for the Contractor. 8. Scheduling Services: The Contractor shall have seven (7) calendar days from the date of notice to proceed to complete work related to the abatement, unless otherwise directed in writing, or unless specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure the safety of all citizens and animals on and around subject property during abatement operations. 9. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless preempted by scheduled activities. 11 0 10. Reports and Invoicing: The Contractor shall complete and submit with the invoice a 2 the form(s) provided to the Contractor with before and after photos - date and time stamped. The Contractor will also be required to conduct on-site inspections with Code Enforcement or County's Representative on an as needed basis to verify satisfactory completion of Contract requirements. 11. Equipment Required for Services: • Tractor w/60" bush hog or greater (optional, however, must have access as needed) • Professional/Commercial Grade Riding Mower • Hand pushed mower(s) • Weed eater(s) • Power Blower(s) • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This could be anything from garbage to appliances, furniture, tires, junk cars or other large items. • Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safely perform the job in an efficient and timely manner. • Any other items necessary to accomplish the task. 12. Property Owner Complaint Process: For the purpose of reporting complaints, the Contractor shall contact the County's Project Manager with any complaints at (239) 252-2329. The Contractor will contact the Code Enforcement representative to notify County personnel of any complaints received within twenty-four (24) hours. If directed by the Project Manager, the Contractor shall address all complaints within five (5) working days of notification of knowledge of the incident. Damages not responded to or not resolved to the reasonable satisfaction of the County, shall be deducted from the Contractor's invoice. The County is to receive copies of all complaints received (in writing) and, if applicable, have a record of their disposition/resolution. 13. Specifications a. Mowing: Assignment of job sites may require a one-time mowing or a continuous cycle of bi-weekly during the period from May 1st through October 31st, or monthly during the period from November 1St through April 30th. Mowing shall include all specified areas of the properties that are not currently maintained by the property owners, or as indicated on the Code Enforcement request. Swales and dry retention areas must be mowed-prior to authorizing a vendor to enact the County's Mandatory Lot Mowing Program, the Contractor will be asked to make a site visit and confirm the property size and frequency with the assigned Code Enforcement Investigator. Grass shall be cut at a height no less than three inches (3"). The frequency of cutting will be determined by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to palm fronds, leaves, branches, etc.) shall be mulched or removed by the contractor. b. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. c. Blowing: All sidewalks, curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean. No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. 12 16 A2 d. Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned by removing all trash and debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping fees or charges are to be included in the base cost of these services. e. Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of large items such as appliances, furniture, tires, junk cars or other large items are part of this Agreement and shall be priced in accordance with Exhibit B. *********** 13 CA� EXHIBIT B 16 . 2 Fee Schedule 12-5857R Nuisance Abatement Secondary Contractor n NORTH DISTRICT sQUTH Index Category 1 Description County Price Per DISTRICT Parcel County Price Per Parcel Up to and including twenty-four(24) 1 Mowing inches high and up to one-half(.5) $25.00 $25.00 acres. Up to and including twenty-four(24) 2 Mowing inches and up to one-half(.5) to one (1) $30.00 $30.00 acre 3 Mowing Up to and including twenty-four(24) $35.00 $35.00 inches and from one (1)-two (2) acres Up to and including twenty-four(24) 4 Mowing inches per acre (for lots greater than two $35.00 $35.00 (2) acres) Twenty-four(24) inches and including 5 Mowing thirty-six (36) inches and up to one-half $35.00 $35.00 (.5) acres Twenty-four(24) inches and including 6 Mowing thirty-six (36) inches and one-half(.5) to $40.00 $40.00 one (1) acre Twenty-four(24) inches and including 7 Mowing thirty-six (36) inches and from one (1) to $45.00 $45.00 two (2) acres Twenty-four(24) inches and including 8 Mowing thirty-six (36) inches per acre (for lots $45.00 $45.00 greater than two (2) acres) 9 Mowing Over thirty-six (36) inches and up to $45.00 $45.00 one-half(.5) acre 10 Mowing Over thirty-six (36) inches and up to $45.00 $45.00 one-half(.5)to one (1) acre 11 Mowing Over thirty-six per acre (for $45.00 $45.00 lots greater than(36)one inches(1) acre) Additional mark-up for supplies and 13 Mowing equipment for items not identified in .25 .25 the scope of work (expressed as .xx) Labor rate for additional unanticipated 14 work not outlined in the solicitation (i.e. $25.00 $25.00 hazardous waste abatement, etc.) 14 CA() '4 CERTIFICATE OF LIABILITY INSURANCE16 4204/10/13/YY Y) ""'~� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER CONTACT NAME: Carr&Associates (A/cNNo.Extl: (239)348-3555 FAX No): (239)348-3994 4735 Santa Barbara Boulevard ADDRESS: kelly @carrandassociates.net Naples,FL 34104 INSURER(S)AFFORDING COVERAGE NAIC# Phone (239)348-3555 Fax (239)348-3994 INSURER A: Cypress Property Ins.Co 10953 INSURED INSURER B: Oliva Enterprises Inc. INSURER C: 1911 47th Ave Ne INSURER D: Southern Insurance Company 27626 Naples,FL 34120- (239)403-6841 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO RENTED 0 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 1,000,000.00 ❑ ❑ CLAIMS-MADE 0 OCCUR GFL-1022613-00-81 MED EXP(Any one person $ 5,000.00 A Y N 03/16/2013 03/16/2014 ❑ PERSONAL&ADV INJURY $ 1,000,000.00 ❑ GENERAL AGGREGATE $ 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000.00 0 POLICY ❑ JEC PRO T ❑ LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ❑ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ ❑ AUTOS ❑ AUTOS ( ) ❑ HIRED AUTOS NON-OWNED PROPERTY DAMAGE ❑ AUTOS (Per accident) $ ❑ ❑ $ ❑ UMBRELLA LIAB ❑OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAB ❑CLAIMS-MADE AGGREGATE _ $ ❑ DED ❑ RETENTION$ $ WORKERS COMPENSATION ❑TORY LIMITS ©OT AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE SIC0014191-01 E.L.EACH ACCIDENT $ 500,000.00 D OFFICER/MEMBER EXCLUDED'? N/A 09/23/2012 09/23/2013 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 500,000.00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Landscape Gardening 97047 Lawn Care Services 97050 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail E Naples,FL 34112 AUTHORIZED REPRESENTATIVE ` I // ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05)QF The ACORD name and logo are registered marks of ACORD 16 A2 CERTIFICATE OF LIABILITY INSURANCE DATE Y rr) 06MDD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER CONTACT NAME: Carr&Associates (a/c PHONE �). (239)348-3555 FAX C,No): (239)348-3994 4735 Santa Barbara Boulevard ADDRESS: kelly @carrandassociates.net Naples,FL 34104 INSURER(S)AFFORDING COVERAGE NAIC# Phone (239)348-3555 Fax (239)348-3994 INSURER A: Cypress Property Ins.Co 10953 INSURED INSURER B: Oliva Enterprises Inc. INSURER C: 1911 47th Ave Ne INSURER D: Southern Insurance Company 27626 Naples,FL 34120- (239)434-5296 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO RENTED 100,000.00 0 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ ❑ ❑ CLAIMS-MADE © OCCUR GFL-1022613-00-81 MED EXP(Any one person $ 5,000.00 A ❑ Y N 03/16/2013 03/16/2014 PERSONAL&ADV INJURY $ 100,000.00 ❑ GENERAL AGGREGATE $ 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 0 POLICY ❑ PRO ❑ LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ❑ ANY AUTO BODILY INJURY(Per person) $ ❑ ALL OWNED AUTOS SCHEDULED BODILY INJURY(Per accident' $ ❑ AUTOS ❑ HIRED AUTOS NON-OWNED PROPERTY DAMAGE ❑ AUTOS (Per accident) ❑ ❑ $ ❑ UMBRELLA LIAB OCCUR - EACH OCCURRENCE $ ❑ EXCESS LIAB ❑CLAIMS-MADE AGGREGATE ❑ DED ❑ RETENTION$ $ WORKERS COMPENSATION WC STATU- OT H- AND EMPLOYERS'LIABILITY Y/N ❑TORY LIMITS ©ER ANY PROPRIETOR/PARTNER/EXECUTIVE MWC0013679-01 E.L.EACH ACCIDENT $ 1,000,000.00 D OFFICER/MEMBER EXCLUDED? N/A 09/23/2012 09/23/2013 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000.00 iD sC RePiON OF OPERATIONS ERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Landscape Gardening 97047 Lawn Care Services 97050 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail E ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05)QF The ACORD name and logo are registered marks of ACORD sun[,&j 16 A 2 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: Oliva enterprises inc ADDRESS OF NAMED INSURED: 1911 47th ave ne naples fl 34120 POLICY NUMBER 6089281c1259c EFFECTIVE DATE OF POLICY 03/12/2013 09/12/2013 2007 chevrolet 3500 pickup DESCRIPTION OF lgbjc39u17e108650 VEHICLE(Including VIN) LIABILITY COVERAGE ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each Person 1,000,000 Each Accident 1,000,000 b. Property Damage Each Accident 100,000 c. Bodily Injury& Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO a.Comprehensive $ 250 Deductible $ Deductible $ Deductible $ Deductible ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑YES ❑ NO b. Collision $ 250 Deductible $ Deductible $ Deductible $ Deductible EMPLOYERS NON-OWNED CAR LIABILITY COVERAGE ❑ YES ® NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO HIRED CAR LIABILITY COVERAGE ❑YES ® NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO FLEET-COVERAGE FOR ALL OWNED AND UCENSED ❑ NO MOTOR V HICLES ❑ YES ® NO ❑ YES ❑ NO ❑ YES ❑ NO ❑YES 41�� Office Rep 6838 05/08/2013 Signat 4� •uthorized Re• -sentative Title Agent's Code Number Date Name n • ••ress of Certificate Holder Name and Address of Agent colli county board of county commissioners Javed Kapadia State Farm 3327 tamiami trail e 7550 Mission Hills Dr #304 Naples, FL 34112 Naples, FL 34119 Phone 239-434-5296 Fax: 239-434-529623 INTERNAL STATE FARM USE ONLY: ®Request permanent Certificate of Insurance for liability coverage.