Backup Documents 11/09/2010 Item #16D 51605
MEMORANDUM
Date: November 22, 2010
To: Lyn Wood, Contract Specialist
Purchasing Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Contract #10- 5554 -R
NSP Lawn Care Program
Contractor: Southwest Landscape, Inc.
Attached is an original copy of the agreement referenced above, (Item #16D5)
approved by the Board of County Commissioners on November 9, 2010.
The second original agreement will be held on file in the Minutes and Records
Department as part of the Board's Official Record.
If you should have any questions, please contact me at 252 -8406.
Thank you.
Attachment
cola- county
AcirrunistmItive Sermoes Division
Purchasing
ITEM NO.:
FILE NO.:
ROUTED TO:
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252 -2667
FAX: (239) 252-6593
Email: LynWood(a )colliercov.net
www.colliergov.neUnu rchasing
DATE RECEIVED:
1605
DU-R- t l 12Z
DO NOT WRITE ABOVE THIS LINE
Request for Legal Services �� L
Date: 11/9/10 II
To: Jeff Klatzkow it
County Attorney's Office
From: Lyn M. Wood, C.P. M, Contract Specialist
Re: Solicitation # 10 -5554R "NSP Lawn Care Program"
Contractor: Southwest Florida Landscape, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on November 9, 2010, agenda item 16.D.5.
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
ux
V
LG
Please forward to BCC for signature after approval. If there are any questions concerning the document,
please contact me at the telephone number or email address above. Purchasing would appreciate
notification when the documents exit your office.
C: Tammy Hammer, HHVS
G/ Acquisitions/ AgentFormsandLetters /RiskMgmtReviewoflnsu ran ce4/1 512010/1610 9
1bU 5
RLs# nl9s?)
CHECKLIST FOR REVIEWING CONTRACTS
Entity Nam W `V iOCi, , r �
Entity name correct on contract'? es No
Entity registered with FL Sec. of State? _ _Yes _ No
Insurance
Insurance Certificate attached?
Insured registered in Florida'?
Contract # & /or Project referenced on Certificate"
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $
Products /Compl /Op Required $
Personal & Advert Required $
Each Occurrence Required $SD y-
Fire/Prop Damage Required
Automobile Liability /
Bodily Inj & Prop Required
Workers Compensation
Each accident Required $
Disease Aggregate Required $ 4
Disease Each Empl Required $___
Umbrella Liability
Provided s M� �\
Provided
Provided
Provided $ t r
Provided
Provided$ I1'a`lik _
Provided
Provided
Provided $
Each Occurrence Provided $
Aggregate Provided $ _
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $ Provided $
Per Aggregate Required $ _ _ Provided $_
Other Insurance
Each Occur Type: Required $
County required to be named as additional insured?
County named as additional insured?
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract"
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses /notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block`?
Attachments
Are all required attachments included?
e No
es No
No
Yes _ No
Exp. Date ly I t
Exp. Date
Exp. ate
D
Exp. Date l
Exp. Date
Exp Date �I l
Exp Date__ 1
Exp Date
Exp Date
Exp Date
Exp Date
Yes No
Exp. Date
Exp. Date
Provided $ Exp Date
—vY es� - -No
es No
V-/Yes
No-
-Yes No
Yes No
----Yes No
Yes No
Jo
40
40
40
10
to
]o
No
Reviewer Initials:
Date: }�
04COA-0 0 U/ 221 �y
ce0tr county
Actmnistrative Services iDivisicn
Purchasing
Memorandum
Subject: Solicitation # 10 -5554R "NSP Lawn Care Program"
Date: 11/9/10
From: Lyn M. Wood, C.P.M, Contract Specialist
To: Ray Carter, Risk Manager
If6'b 5
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone (239) 252 -2667
FAX: (239) 252-6593
Email: Lyn Wood(o?colliergov.net
www.colliergov. net/Durchasin_g
This Contract was approved by the BCC on November 9, 2010, agenda item 16.D.5
The County is in the process of executing this contract with Southwest Florida Landscape, Inc. The insurance
requirements are on pages 3 & 4.
Please review the Insurance Certificate(s) for the referenced Contract.
• /f the insurance is not in order please contact the vendor /insurance company to obtain a proper
certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the
County Attorney's office via the attached Request for Legal Services.
• /f the insurance is in order please acknowledge your approval and send to the County Attorney's office via
the attached Request for Legal Services.
If you have any questions, please contact me at the above referenced information.
In prove
L2 .
Risk Management Signature Date
DATE RCrrn,r�
- -- -•mow
NOV 10 2010
C: Tammy Hammer, HHVS M wiwamw
(Please route to County Attorney via attached Request for Legal Services)
G /Acquisitions /Ag en t Fo rm sa nd Letters /R iskMg m tReviewofl nsu ra n ce4 /15/2010/ 16/09
1605
mausen_a
From:
RaymonclCarter
Sent:
Wednesday, November 17, 2010 11:47 AM
To:
LynWood
Cc:
mausen_g, HerreraSandra; HammerTammy
Subject:
Contract "10 -5554R "NSP Lawn Care Program"
All, I have approved the certificate of insurance provided by southwest Florida Landscape, Inc. for the above referenced
contract which will now be forwarded to the County Attorney's Office for their review.
Thank you,
i
Manager Risk Finance
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Office 239 - 252 -8839
Mobile 239 - 821 -9370
Under Florida Law, e-mail addresses are public records. If you do not want your a -mail address released in response to a public records request. do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
www.sunbiz.org - Department of State
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Detail by FEVEIN Number
Florida Profit Corporation
SOUTHWEST FLORIDA LANDSCAPE, INC
Filing Information
Document Number P94000030940
FEI /EIN Number 650484418
Date Filed 04/22/1994
State FL
Status ACTIVE
Principal Address
15875 DELAPLATA LANE
NAPLES FL 34110 US
Changed 09/14/2010
Mailing Address
15875 DELAPLATA LANE
NAPLES FL 34110 US
Changed 09/14/2010
Registered Agent Name & Address
BROWN, TIMOTHY
15875 DELAPLATA LANE
NAPLES FL 34110 US
Name Changed: 09/14/2010
Address Changed: 09 /14/2010
Officer /Director Detail
Name & Address
Title P
BROWN, TIMOTHY
15875 DELAPLATA LANE
NAPLES FL 34110
Annual Reports
Report Year Filed Date
2009 03/03/2009
2010 01/0612010
2010 09/14/2010
x
1605 Page 1 of t
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1605
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16D5
AG R E E M E N T 10-5554-R
for
NSP Lawn Care Program
THIS AGREEMENT, made and entered into on this 9th day of November, 2010, by and
between Southwest Florida Landscape, Inc., authorized to do business in the State of Florida,
whose business address is 15875 Delaplata Lane, Naples, Florida 34110, hereinafter called the
"Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County ":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
November 9, 2010 and terminating on November 8, 2011.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide lawn care maintenance for the
Neighborhood Stabilization Program in accordance with the terms and conditions of
ITB #10- 5554 -R and the Contractor's proposal referred to herein and made an integral
part of this agreement. This Agreement contains the entire understanding between the
parties and any modifications to this Agreement shall be mutually agreed upon in
writing by the Contractor and the County project manager or his designee, in
compliance with the County Purchasing Policy and Administrative Procedures in effect
at the time such services are authorized.
Quotes will be obtained from one (1) of the Contractors awarded an Agreement for each
project based on an hourly rate of Nineteen Dollars ($19.00).
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the
Work pursuant to the quoted price offered by the Contractor in his response to a specific
Request for Quotation.
Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
Page 1 of6
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Tim Brown, President
Southwest Florida Landscape, Inc.
15875 Delaplata Lane
Naples, Florida 34110
Telephone: 239 - 514 -7562
Facsimile: 866- 694 -2757
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing /GS Director
Telephone: 239- 252 -8371
Facsimile: 239- 252 -6584
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non - County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
Page 2 of 6
16D5
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non - performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $300,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned
Vehicles and Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County ten (10) days prior to any expiration date.
Page 3 of 6
1605
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Health, Human and Veteran Services Department.
14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, ITB #10- 5554 -R and Specifi-
cations /Scope of Services.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties Herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
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
Paee 4 of 6
16D5
time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and /or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision - making authority and by County's
staff person who would make the presentation of any settlement reached during
negotiations to County for approval. Failing resolution, and prior to the commencement
of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed -upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended
by representatives of Contractor with full decision - making authority and by County's
staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, 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.
Pale 5 ot6
• 1
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E: Bf6a, Clerk of Courts
Y:
Dated Fred W. Coyle, Chairman
First Witness
4/an'c/ Prle"7S
TType /print witness nameT
Second Wi ess
so��
TType /print witne s nameT
Approved as to form and
le iency:
�-1
vet
AssisMn-t County Attorney
Print Name
Page 6 of 6
Southwest Florida Landsca e, Inc.
Co ractor
Bv:
Signature
/1rn C��U�,�/✓V, U ��S�nF,ifi
Typed signature and title
Item# ■(
Date �o
Dale
Dab
kw'd I -ZZ-ID
CERTIFICATE OF LIABILITY INSURANCE 016 TQ
SMTN45
Olin Hill s Associates Inc.
2804 Del Prado Blvd. #107
Cape Coral FL 33904
Phone: 239 - 945 -1900 Fax: 239 -945 -3163
Southwest Florida Landscape
Inc.
158]5 Delaplata Lane
Naples FL 34110
COVERAGES
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 #
+.e: -. Associated Industries
., _. _. _.... 10190_..___.
Auto Owners Insurance Co. 18988
CERTIFICATE HOLDER CANCELLATION
COLLI02 LATE TREWOR. THE Ii wsneA MALL egEAwR TO MAIL 30 - MMiIEM MO MRALI
Collier County Board of County l AT ns,�Ano« w L,Aaxm Of ANY. �AJTORR ARARRIiLL AORRNTS OR
Commissioners
FLIWARALLATRARS
Purchasing Department
3301 E. Tamiami Trail '
?Japles FL 34112
ACORD 25 (2009101) V 3M99'20$rACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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OiW1FIH OFORAPIpxt r LOLATOA5 I .. IRCOL. N31MY'➢ T' BROORMA M1 Mi ROx9Vas
Collier County is listed as an Additional Insured on the General Liability
policy.
CERTIFICATE HOLDER CANCELLATION
COLLI02 LATE TREWOR. THE Ii wsneA MALL egEAwR TO MAIL 30 - MMiIEM MO MRALI
Collier County Board of County l AT ns,�Ano« w L,Aaxm Of ANY. �AJTORR ARARRIiLL AORRNTS OR
Commissioners
FLIWARALLATRARS
Purchasing Department
3301 E. Tamiami Trail '
?Japles FL 34112
ACORD 25 (2009101) V 3M99'20$rACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
1605
MEMORANDUM
Date: December 15, 2010
To: Lyn Wood, Contract Specialist
Purchasing Department
From: Teresa Polaski, Deputy Clerk
Minutes and Records Department
Re: Contract #10 -5554R "NSP Lawn Care Program"
Contractor: Oliva Enterprises, Inc.
Attached one original contract, referenced above (Item #16D5) approved
by the Board of County Commissioners on November 9, 2010.
An original has been kept by the Minutes and Records Department to
be kept as part of the Boards Official Records.
If you should have any questions please contact me at 252 -8411.
Thank you.
color County
Adn-inistrative Semioes, OMs&
Purchasing
ITEM NO.: i`J.' �v` - onvi�
FILE NO.:
� S
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252 -2667
FAX: (239) 252 -6593
Email: LynWoodna colliercov.net
www.colliergov,net/purchasing
DATE RECEIVED:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Request for Legal Services
Date: 11/9/10
To: Jeff Klatzkow
County Attorney's Office
From: Lyn M. Wood, C.P.M, Contract Specialist
Re: Solicitation # 10 -5554R "NSP Lawn Care Program"
Contractor: Oliva Enterprises, Inc.
BACKGROUND OF REQUEST:
fL � e
b �kj tZ1U
This contract was approved by the BCC on November 9, 2010, agenda item 16.D.5.
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
_= C
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions concerning the document,
please contact me at the telephone number or email address above. Purchasing would appreciate
notification when the documents exit your office.
C: Tammy Hammer, HHVS
G /Acq uisitions/ AgentFormsandLetters /RiskMgmtReviewofl nsu rance4/1512010/16/09
Memorandum
Subject: Solicitation # 10 -5554R "NSP Lawn Care Program"
Date: 11/9/10
From: Lyn M. Wood, C.P.M, Contract Specialist
To: Ray Carter, Risk Manager
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-2667
FAX: (239) 252-6593
Email: LynWood(a)colliergov.net
www. col I iergov. netlpu rch asi n q
This Contract was approved by the BCC on November 9, 2010, agenda item 16.D.5
16D5
The County is in the process of executing this contract with Oliva Enterprises, Inc. The insurance requirements are
on pages 3 & 4.
Please review the Insurance Certificate(s) for the referenced Contract.
If the insurance is not in order please contact the vendor /insurance company to obtain a proper
certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the
County Attorney's office via the attached Request for Legal Services.
• If the insurance is in order please acknowledge your approval and send to the County Attorney's office via
the attached Request for Legal Services.
If you have anY-ques on
Insur In �p y:
Risk Manaqement igna
please contact me at the above referenced information.
C: Tammy Hammer, HHVS
DATE RECEWEC
NOV 10 2010
A151C MANAGEMEN(
Date
(Please route to County Attorney via attached Request for Legal Services)
G /Acqu isitions/ AgentForms and Letters /RiskMgmtReviewofI nsurance4 /15/2010/16/09
16D5
mausen g
From: RaymondCarter
Sent: Wednesday, December 01, 2010 8:21 AM
To: DeLeonDiana
Cc: mausen_g; HerreraSandra; HammerTammy
Subject: Contract 10 -5554R "NSP Lawn Care Program"
All, I have approved the certificate(s) of insurance provided by Oliva Enterprises, Inc. for the above referenced contract
which will now be forwarded to the County Attorney's Office for their review.
Thank you,
Ray
RMV C"Aite—k
Manager Risk Finance
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Office 239- 252 -8839
Mobile 239 - 821 -9370
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
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Detail by FEI /EIN Number
Florida Profit Cornoratiort
OLIVA ENTERPRISES, INC. � /
Filing Information V
Document Number P06000016540
FEI/EIN Number 204259957
Date Filed 02/02/2006 /
State FL J
Status ACTIVE
Effective Date 02/01/2006
Princioal Address
4860 40TH STREET NE
NAPLES FL 34120 US
Mailing Address
4860 40TH STREET NE
NAPLES FL 34120 US
Reaistered Auent Name & Address
OLIVA, CARMEN L
4860 40TH STREET NE
NAPLES FL 34120 US
Officer /Director Detail
Name & Address
Title P
OLIVA, CARLOS E
4860 40TH STREET NE
NAPLES FL 34120 US
Title VP
OLIVA, CARMEN L
4860 40TH STREET NE
NAPLES FL 34120 US
Title SEC
MOTTOLA, JENNIFER M
4860 40TH STREET NE
NAPLES, FL 34120 US
Annual Reports
Report Year Filed Date
Document Searches Forms
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RLS # L C) FZC 0 177A 6 D 5
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name: C NCoii
Entity name correct on contract'? _ es __ No
Entity registered with FL Sec. of State? _ ._Yes _ No
Insurance
Insurance Certificate attached?
Insured registered in Florida'?
Contract # & /or Project referenced on Certificate'?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $ ----
Products /Compl/Op Required $ 500 1L
Personal & Advert Required $
Each Occurrence Required
Fire /Prop Damage Required $ _
Automobile Liability
Bodily Inj & Prop Required $-30D VZ-
Workers Compensation
Each accident Required $ '
Disease Aggregate Required
Disease Each Empl Required $_
Umbrella Liability
V Yes No
� es No
�T es --No
Yes No
Exp. Date
Exp' Date
Exp. Date
Exp. Date__ _.
Exp. Date
Exp Date
Exp Date ql� 2311 It
Exp Date t I
Exp Date
Provided $ 2 _A 1
Provided $__Ayn'AA
Provided $_ ,N_ ir'x, N k
Provided $ vvrx; \
Provided $_�_j[S
Provided $__�Y1�Al_
Provided $_`EDOC L
Provided $
Provided $_
Each Occurrence Provided $
Aggregate Provided $
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $_ _. _ _ Provided $ Exp. Date
Per Aggregate Required $ _ Provided $ Exp. Date
Other Insurance
Each Occur Type:_
Exp Date
Exp Date
Yes No
Required $ Provided $ _ ___ Exp Date
County required to be named as additional insured'?
County named as additional insured'?
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party'?
Performance Bond
Bond requirement referenced in contract'?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity'?
Proper number of witnesses /notary?
Authorization for executor to sign, if necessary:
Chairman's signature block'?
Clerk's attestation signature block?
County Attorney's signature block'?
Attachments
Are all required attachments included?
(/Ys No
's No
V- Yes No
__._ Yes �!N0
Yes No
Yes _ No
Yes No
�jes No
yes _ No
_ es No
� Les No
es _ __No
LZ s No
Yes No
t /
1 Yes No
Reviewer Initials
Date: (�
04 -00.4L312
1605
A G R E E M E N T 10-5554-R
for
NSP Lawn Care Program
THIS AGREEMENT, made and entered into on this 9th day of November, 2010, by and
between Oliva Enterprises, Inc., authorized to do business in the State of Florida, whose
business address is 4860 - 40s' Street NE, Naples, Florida, 34120 hereinafter called the
"Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County ":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
November 9, 2010 and terminating on November 8, 2011.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide lawn care maintenance for the
Neighborhood Stabilization Program in accordance with the terms and conditions of
ITB #10- 5554 -R and the Contractor's proposal referred to herein and made an integral
part of this agreement. This Agreement contains the entire understanding between the
parties and any modifications to this Agreement shall be mutually agreed upon in
writing by the Contractor and the County project manager or his designee, in
compliance with the County Purchasing Policy and Administrative Procedures in effect
at the time such services are authorized.
Quotes will be obtained from one (1) of the Contractors awarded an Agreement for each
project based on an hourly rate of Nineteen Dollars ($19.00).
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the
Work pursuant to the quoted price offered by the Contractor in his response to a specific
Request for Quotation.
Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
Palc I of 6
1605
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Carmen L. Oliva, Vice President
Oliva Enterprises, Inc.
4860 - 4011, Street NE
Naples, FL 34120
Telephone: 239 - 434 -5296
Facsimile: 239- 434 -5296
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing /GS Director
Telephone: 239 - 252 -8371
Facsimile: 239- 252 -6584
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non - County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
Page 2 of 6
16D5
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non - performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $300,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned
Vehicles and Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County ten (10) days prior to any expiration date.
Pal-c 3 of 6
1605
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Health, Human and Veteran Services Department.
14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, ITB #10- 5554 -R and Specifi-
cations /Scope of Services.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part 1I1, 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
Page 4 of 6
. 1 �.
time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision - making authority and by County's
staff person who would make the presentation of any settlement reached during
negotiations to County for approval. Failing resolution, and prior to the commencement
of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed -upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended
by representatives of Contractor with full decision - making authority and by County's
staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, 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.
Pa<,o 5 of 6
1605
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
��h �ritic,, Clerk
(AA �XiX
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tsr��ur�t .grrkir
First Witness
4marla l%1dar; i
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"Second C %
Witness
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TType /print witness nameT
Approved as to form and
legal sufficiency:
meant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By.
Fred W. Coyle, Chairman
Oliva Enterprises, Inc.
Pale 6 of 6
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Typed signature and title
bM-
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OCT -28 -2010 10:55 From:
TO:CDllier County BCC1 6.1,5
Ram CERTIFICATE OF LIABILITY INSURANCE orzs;o °Y"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 holdertit an ADDITIONAL INSURED, the policy(/") must be endaresd. If SUBROGATION IS WAIVED, subjottto
me torma nod Conditions of the policy, certain pellclos may require an endorsement. Astatement en this certificate dole not confer rights to the
PRODUCER
Carr & Associates
4735 Santa Barbara Boulevard
Naples. FL 34104
Phone (239)348.3555 Fax (239)348 -3994 _ _
INSURnD
Olive Enterprises Inc,
486040th St Ne
Naples, FL 34120.3279
(239) 403.6841
COVERAGES CERTIFICATE NUMBER:
CONTACT
NAME_:
PHONE
..._
FAX
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PRODUCER
WITH RESPECT TO
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DESCRIBED
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TERMS,
EXCLUSIONS
INSURER F:
POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED
REVISION NUMBER:
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
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POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED
BY PAID
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No Pesticides, Tree Trim /Removal, Fountain, Pond or Cement Work
CERTIFICATE HOLDER
Collier County
Board of County Commissioners
3327 Tamiami Trail E
Naples, FL 34112
ACORD 25 (2009199) OF
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
AGO ORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
(01988 -2009 AGORO CORPORATION. All rights reserved.
The ACORD name And logo are registered marks of ACORD
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THIS CERTIRCATE IS ISSUED AB A PATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER THIS
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FROM THE VEHICLES THAT ARE TOWING THEM.
Collier County Govammenl
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ACORD 26 (1010/09) The ACORD
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1001486 132648.6 10-22 -2010
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