Loading...
Backup Documents 04/13/2010 Item #16E 116E1 MEMORANDUM Date: April 21, 2010 To: Lyn Wood, Purchasing Contract Specialist From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #10 -5393: "Exotic Vegetation Removal" Contractors: Walker Exotic Tree Eradication & Mitigation LLC, Environmental Restoration Consultants, Inc., EarthBalance Corp., and DeAngelo Bros. d /b /a Aquagenix, Inc. Enclosed is an original for each contract, referenced above (Agenda Item #16E1), approved by the Board of County Commissioners on Tuesday, April 13, 2010. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure (3) ITEM NO.: tv. OC ,�DIc—fz( FILE NO.: ROUTED TO: DATE DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: April 13, 2010 To: Office of the County Attorney Jeff Klatzkow "" From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 16E1 RECEIVED: Re: Contract: #10 -5393 "Exotic Vegetation Removal' Contractors: ✓Walker Exotic Tree Eradication & Mitigation LLC Environmental Restoration Consultants, Inc. EarthBalance Corp. DeAngelo Bros. d /b /a Aquagenix, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 13, 2010, Agenda Item 16.E.1. These items have not been previously submitted. ACTION REQUESTED: Contracts review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the documents, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Melissa Hennig, Facilities Mgmt. 0J G � �V /L '40 rA ✓I, d MEMORANDUM TO: Ray Carter Qn Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: April 13, 2010 RE: Review Insurance for Contract: #10 -5393 "Exotic Vegetation Removal' 11�� Contractors: Walker Exotic Tree Eradication & Mitigation LLC Environmental Restoration Consultants, Inc. Earth Balance Corp. DeAngelo Bros. d /b /a Aquagenix, Inc. This Contract was approved by the BCC on April 13, 2010, Agenda Item 16.E.1. Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod /LMW C: Melissa Hennig, Facilities Mgmt. DATE RECEIVED APR 14.2010 RISK W-MfEME,x 16f1 16F1 mausen g From: RaymonclCarter Sent: Wednesday, April 14, 2010 3:49 PM To: Lyn W ood Cc: HennigMelissa; mausen_g; HerreraSandra; DeLeonDiana Subject: Contract 10 -5393 "Exotic Vegetation Removal' All, I have approved the certificate of insurance provided by Walker Exotic Tree Eradication & Mitigation LLC for contract 10 -5393. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray Manager Risk Finance Office 239 - 252 -8839 Cell 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 electronic mail to this entity. Instead, contact this office by telephone or in writing. w ww.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return. To List Events No Name History Detail by Entity Name Florida Limited Liability Compan WALKER EXOTIC TREE ERADICATION & MITIGATION LLC Filing Information Document Number L04000012524 FEIIEIN Number 593584974 Date Filed 02/17/2004 State FL Status ACTIVE Effective Date 10/30/2000 Last Event CONVERSION Event Date Filed 02/12/2004 Event Effective Date NONE Principal Address 1670 OAKES BLVD NAPLES FL 34119 Changed 02/1612010 Mailing Address 1670 OAKES BLVD NAPLES FL 34119 Changed 02/16/2010 Registered Agent Name & Address STANDRIDGE, NOAH 1670 OAKES BLVD NAPLES FL 34119 US Name Changed: 02/16/2010 Address Changed: 02116/2010 Manager /Member Detail Name & Address Title MGRM WALKER, TERRY 120 SOUTH SEAS COURT MARCO ISLAND FL 34145 Title MGRM STANDRIDGE, NOAH 1670 OAKES BLVD Document Searches Pag 6 e 11 1 Forms Help Entity Name Search Submit http://www.sunbiz.org/scripts/cordet.exe?action—DETFIL&inq__doc number= L()40000125... 2/23/2010 www.sunbiz.org - Department of State Page 2 of 2 16E NAPLES FL 34119 Annual Reports Report Year Filed Date 2008 04/08/2008 2009 01/15/2009 2010 02/1612010 Document Images 02/1612010_ -- ANNUAL REPORT View image. in PDF format 01/15/2009. -- ANNUAL REPORT View image in PDF format 04/08/2008 — ANNUAL REPORT View image in PDF format 0711.0/2007 -. ANNUAL REPORT View image in PDF format 11/15/2006 ANNUAL REPORT. View image in PDF format 03/16/2006 LC. Amendment View image in PDF format 07108/2005 ANNUAL REPORT View image in PDF format - 02/17/2004 Florida. Limited Liabilities View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events No Name History Submit I Home I Contact us I Document Searches I EFibre Services I Forms I Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. http: / /www.sunbiz.org/ scripts /cordet.exe? action = DETFIL &inq_doc_number= LO40000125... 2/23/2010 CIIFCKI,IST FOR REVIEWING CONTRAC SO_ � � � DCL.k K �,c �' o� 141 gfiTor Frrtiry Name: ��, - -� L- `�- �- �-- �-- 1— ��._��� r C�(it� 1 � V Entity name correct on contract? f/ es _ _No PLC Entity registered with FL Sec. of State? I/ 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 /Comp) /Op Required Personal & Advert Required $ Each Occurrence Required Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required Workers Compensation �--- Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability es No �'es No No —Yes UU �. —Yes No Provided Provided $ r r Provided $ Provided $ u / Provided Provided $ \�'1_\ 1� Err?10Tr's Provided $_, t i Provided $_, Exp. Date (n 1 , I i D Exp. Date Exp. Date 1 Exp. Date _ Exp. Date_ Exp Date ExpDat � "GI)li Exp Date Exp Date Each Occurrence Provided $ Exp Date Aggregate Provided $_ _ Exp Date Does Umbrella sufficiently cover any underinsured portion? _Yes No Professional Liability Each Occurrence Required $ Provided $ Exp. Date Per Aggregate Required $ Provided $_ _ Exp. Date Other Insurance Each Occur Type: V Required $ _ Provided Exp Datet l I County required to be named as additional insured? No County named as additional insured? Yes No Indemnification Does indemnification meet County standards? /yes No Is County indemnifying other party? Yes Performance Bond Bond requirement referenced in contract? Yes No If attached, expiration date of bond Does dollar amount match contract? Yes No Agent registered in Florida? Yes No Signature Blocks Correct executor name in signature block? ��es No Correct title of executor? �es No Executor authorized to sign for entity? Yes No Proper number of witnesses /notary? Yes No Authorization for executor to sign, if necessary: _ Chairman's signature block? Yes No Clerk's attestation signature block? No —6-� County Attorney's signature block? es No Attachments Are all required attachments included? Yes _No Reviewer Initials - _ Date' 04 -CO.A 0I 0 2 16E A G R E E M E N T 10-5393 for Exotic Vegetation Removal THIS AGREEMENT, made and entered into on this 3*" day of Apr . 2010, by and between Walker Exotic Tree Eradication & Mitigation LLC, authorized to do business in the State of Florida, whose business address is 1670 Oakes Boulevard, Naples, Florida 34119, 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 May 12, 2010 and terminating on May 11, 2011. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide exotic vegetation removal in accordance with the terms and conditions of RFP #10 -5393 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. • For work $50,000 or less: the department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. • For work more than $50,000 and less than $200,000: the department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. • For work that may exceed $200,000: the department may quote out work among the vendor(s) on contract and obtain approval from the Board of County commissioners, or conduct a separate new solicitation. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page I of 7 16E1 Quotes may be submitted as time and materials or lump sum. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Walker Exotic Tree Eradication & Mitigation LLC 1670 Oakes Blvd. Naples, FL 34119 Attention: Noah Standridge Telephone: 239 - 777 -7145 Facsimile: 239 - 597 -7147 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239- 252 -8371 Facsimile: 239 - 252 -6584 The Contractor and the County may change the above mailing addresses at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. RFP 10 -5393 Exotic Vegetation Removal Page 2 of 16E1 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. RFP 10 -5393 Fxotic Vegetation Removal Page 3 of 7 16E1 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out RFP 10 -5393 Exotic Vegetation Removal Page 4 of 16E1 verbatim: Contractor's Proposal, Insurance Certificate, RFP #10 -5393 Specifi- cations /Scope of Services and Addendum. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.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 Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached during RFP 10 -5393 Exotic Vegetation Removal Page 5 of 7 16E negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. RFP 10 -5393 Exotic Vegetation Removal Page 6 of 16E1 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. r, ATTEST-"," = Dwi t E: Bro(k, Rrk of Court o. Dated: AiW'14)tPy tr y 1. ,Ari1l(y 5tv /�ioy- TType /print witness naYne T Second Witness TType /print witness nameT Approved as to form and legal sufficiency: i -As-�qpt .County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY : Fred W. Coyle, Chairmam} Walker Exotic Tree Eradication & Mitigation LLC Contractor By. Signa e c"k S+W\AuAQe &Act fr Typed signature and title Item# I lee , Agenda Date O Recd De4 le RFP 10 -5393 ' Exotic Vegetation Removal Page 7 of 7 AiC"RE?� CERTIFICATE OF LIABILITY INSURANCE ii O2/20I101YYYY) 4/12/2010 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 endoreement(s). PRODUCER Lutgert Insllrance - Naples PO BOX 112500 Naples FL 34109 NAME: Sheryl Dunne PHONE I FAX AIC No F?! 7 9- 6 _ -,717 - E -MAIL ADDRESS: sdunne @luttgert insurance. com PRODUCER CUSTOMER 109_ WALKE -2 INSURER(S) AFFORDING COVERAGE NAICA EACH OCCURRENCE INSURED INSURER A: American States Insllrance Co. 19704 INSURER B: Auto- Owners Insurance Inc 189BB -- Walker Exotic Tree Eradication & Mitigation 1670 Oaks Blvd -- Naples FL 34119 INSURER C: MED EXP(Any one person) INSURER 0 CLAIMS -MADE ❑OCCUR INSURERE: INSURERF: PERSONAL B ADV INJURY rnvcRAnI=Q CFRTIFICATF NIIMRFR• 1 T rig 9 I97 HIEVIS1UIN INUFfitl 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 LTR TYPE OF INSURANCE ADOL IN R U WVD POLICY NUMBER POLICY ERE MMIDDYYY IY POLICY EXP MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY AGE E PREMISES Ea occurrence $ MED EXP(Any one person) $ CLAIMS -MADE ❑OCCUR PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG $ $ POLICY PRO LOC A AUTOMOBILE LIABILITY OICH49123940 4/13/2010 4/13/2011 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED AUTOS PROPERTY DAMAGE (Per accident) $ SCHEDULED AUTOS HIRED AUTOS $ NON -OWNED AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEDUCTIBLE $ __ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNERIEXECUTIVE Vv0 STATU- OTH- Y E L. EACH ACCIDENT $ - -- - " -" OFFICER /MEMBER EXCLUDED? a NIA (Mandatory, in NH) E. L. DISEASE - EA EMPLOYE $ EL .DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below P1 Equipment, Floater 2068433408 6/1/2009 1 Equipment 50,000 f (Deductible 500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Collier County Board of County Commissioners 3301 E Tamiami Trail Naples FL 34112 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 IV67 V�Z�Jr U 1988 -2009 ACORD CORPORA I ION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD GATE �7Vn`r ACORD CERTIFICATE OF LIABILITY INSURANCE 3 1 22010 vAONA:ER INS CERm"TE M Msr MI A MATTER OF INFORMATION ONLY AND CONFE" NIC Steve Roe Allstate Insurance Agency 5644 Tavllla CBClo, a1C7 RIGHTS UPON THE CERTIFICATE HOLDEA THAI CERTIFICATE DOES NOT AMEND Ex M OR ALTER THE COVEBAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE Naples Florida 34110 Phone 239- 593 -7333 Fax 239 - 5934334 Toll Free 877 -744 -1878 COMPANY Cypress Property and Casualty A .nuK COMPANY PBOAIEvereal National Walker Exotic, Tree radical" and Mitigation B COMPANY 1670 Oaks Blvd Naples. FL 34119 c COMPANY D THIS IB TO CERTIFY THAT THE POLCIES CF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED NOTWITHSTANOIN ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE WAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY Ti* POI ICIE$ DESCRIBED HERE" IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED B PAID'LAIMS L rYS[YFMMwtQ MCYMIMFEU Po a`II nI.rPNrri FRAM V419F "re A+PPNTI L. A "'R`RY GFL- 1001435 081022009 06102/2010 REDATE 2,000.000 COARA 2.000.000 T WSv>oE IX [ue AW NNPY 1.000X00 F�EINCALS*NIPAL PSLCONFAACCTTOM MENGE 1000.000 IM. ale rE. 100000 AIM5000 YaLE LWIT wr AuiD so ", "UP, ALL OYYNED -VIO` SCXEWLEDAUTOS Pa. vXFn Tyrt'. MRED.UTOS PA01i" CAMAaaG WN owNFDAUTOs MEDICAL PA.MENT fW1AD! LWLT TOONLY - EA NY AUTO OL PTwI AUTO EACHA DDENT K PEGOE ER EACH O:CURPEM-'E UNMELU fOPM ACoPEOATE OTHER THw LMrREUA g vAMxeAS COreMATMN AND EMPLO+EAF LWYTV 2700013866 -091 06!022009 06/022010 % SIA�vlwr" ELFACX A(- (1DEHi f500000 EL OSEASE POLICY $ 500,000 iME PROPETp INDL PARTNRS'EAECUT EONFIGERSE F %CL EDUEA $500.000 OTNER OEICMTICN OF OFMUTIDNFAOCMIMFNNNCLEMaFEfLL IIE•M This certif"te for any and all Work performed on behalf of Collier County owt below aaadlaiA a Carens NOMW br a Collier County Board of County Cominceamers 3301 E Tematim Trail sHOULD ANY OF THE ABOVE DEaC SED POLICES BE CANCELLED WFORC THE EaNRATN)N DATE TNEIwOF, THE Msurea l COMPANY Wu NOEAVOR To Naples, FL 34112 *_pan LNRTREN NOTICE TO THE CERTIFICATE NOLOER NAMED TO THE LEFT BUT FA M TO MAL SUCH A NOTC! arwtl NI PON HO OBLIGATION M LMiun Of ANY NNO UPON THE COMPANY,?s AGENTS OR REPR WWAT S 1988 MEMORANDUM Date: April 21, 2010 To: Lyn Wood, Purchasing Contract Specialist From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #10 -5393: "Exotic Vegetation Removal" Contractors: Walker Exotic Tree Eradication & Mitigation LLC, Environmental Restoration Consultants, Inc., EarthBalance Corp., and DeAngelo Bros. d /b /a Aquagenix, Inc. Enclosed is an original for each contract, referenced above (Agenda Item #16E1), approved by the Board of County Commissioners on Tuesday, April 13, 2010. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure (3) MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: April 13, 2010 RE: Review Insurance for Contract: #10 -5393 "Exotic Vegetation Removal' Contractors: Walker Exotic Tree Eradication & Mitigation LLC Environmental Restoration Consultants, Inc. ✓EarthBalance Corp. DeAngelo Bros. d /bla Aquagenix, Inc. This Contract was approved by the BCC on April 13, 2010, Agenda Item 16.E.1. Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod /LMW C: Melissa Hennig, Facilities Mgmt. u/�' H L •M 71 P+ I ON 16E1 ITEM NO.: I V `� DATE- ,RECEIVE : FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE v d. REQUEST FOR LEGAL SERVICES Date: April 13, 2010 S To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #10 -5393 "Exotic Vegetation Removal' Contractors: Walker Exotic Tree Eradication & Mitigation LLC Environmental Restoration Consultants, Inc. ✓EarthBalance Corp. DeAngelo Bros. d /b /a Aquagenix, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 13, 2010, Agenda Item 16.E.1. These items have not been previously submitted. ACTION REQUESTED: Contracts review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the documents, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Melissa Hennig, Facilities Mgmt. tvl`O 16E1 mausen_g From: RaymonclCarter Sent: Wednesday, April 14, 2010 4:08 PM To: Lyn W ood Cc: HennigMelissa; mausen_g; HerreraSandra; DeLeonDiana Subject: Contract 10 -5393 "Exotic Vegetation Removal' All, I have approved the certificate(s) of insurance provided by EarthBalance Corp. for contract 10 -5393. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray Manager Risk Finance Office 239 - 252 -8839 Cell 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 Home Contact Us E- Filing Services Previous on List Next on List Return To List Events Name_Hist_ory Detail by Entity Name Florida Profit Corporation EARTHBALANCE CORPORATION Filing Information Document Number H84315 FEI /EIN Number 592612208 Date Filed 11/04/1985 State FL Status ACTIVE Effective Date 11/01/1985 Last Event AMENDMENT Event Date Filed 02/14/2007 Event Effective Date NONE Principal Address 2579 N. TOLEDO BLADE BOULEVARD NORTH PORT FL 34289 US Changed 06/29/2009 Mailing Address C/O JACK O. HACKETT II 99 NESBIT STREET PUNTA GORDA FL 33950 US Changed 04/16/2007 Registered Agent Name & Address HACKETT, JACK 0 II 99 NESBIT STREET PUNTA GORDA FL 33950 US Name Changed: 04/16/2007 Address Changed: 04 /09/2002 Officer /Director Detail Name & Address Title VS KOCUR, CHARLES L JR 27320 EGRET PL. 'UNTA GORDA FL 33983 US Title P ROSS, DONALD H Page 1 O� E 11 Document Searches Forms Help Entity Name Search Submit http: / /www. sunbiz.org/ scripts /cordet.exe? action =DE'FF IL &inq —doc_ number= 1184315 &in... 2/23/2010 www.sunbiz.org - Department of State 2579 N. TOLEDO BLADE BOULEVARD NORTH PORT FL 34289 US Title VT CLANCEY, FRANCIS J 4314 LONGCHAMP DR SARASOTA FL 33946 US Title VP BURNETT, KAREN F 2579 N. TOLEDO BLADE BOULEVARD NORTH PORT FL 34289 Title VP LAROQUE, SARAH J 2579 N. TOLEDO BLADE BOULEVARD NORTH PORT FL 34289 Annual Reports Report Year Filed Date 2008 05/12/2008 2009 04/15/2009 2009 06/29/2009 Document Images 06/29/2009 —ANNUAL REPORT View image in PDF format 04/15/2009 —ANNUAL REPORT View image in PDF format 05/12/2008 —ANNUAL REPORT View image in PDF format 04/21/2008 ANNUAL REPORT View image in PDF format 04/16 /2007- ANNUAL View image. in PDF format _REPORT 02/14/2007 Amendment View image in PDF format 04/24/2006 -- ANNUAL REPORT View image in PDF format 09/ 06/ 2005_ -- ANNUAL REPORT View image in PDF format. 05/10/2004 -- Off /Dir Resonation View image. in PDF format 04/27/2004 Name Change View image in PDF format . 04/16 /2004 -- ANNUAL REPORT _ View image in PDF format 04/30/2003 ANNUAL REPORT _ View image in PDF format. 01/09/2003 - -. Share Exchange View image in PDF format 01/03/2003 Amendment View image in PDF format 04/09/2002 ANNUAL REPORT View image in PDF format 04/28/2001 ANNUAL REPORT View image in PDF format )4/26/2000 -- ANNUAL REPORT View image in PDF format )4/1.6/1999 —ANNUAL REPORT View image in PDF format )5/0711998 .ANNUAL REPORT View image in PDF format )2/14/1997 -- ANNUAL REPORT View image in PDF formate )3/13 /1996. -- ANNUAL REPORT View image in PDF format Page 2 of 3 16E I http://www.sunbiz.org/scripts/cordet.exe?action= DE'rFIL&inq_doc number-1184315&in... 2/23/2010 www.sunbiz.org - Department of State Note: This is not official record. See documents if question or conflict. Previous. on List _Next on List Return To List Events Name History I Home I Contact us I Document Searches I E -Fling Services I Forms I Help Copyright and Privacv Policies Copyright © 2007 State of Florida, Department of State. Page 3 of 3 16E1 Entity Name Search Submit http: / /www.sunbiz.org /scripts /cordet.exe ?action= DE'FFI L &inq_doc_ number- 1484315 &in... 2/23/2010 RLS#_� CUE T RREVIEWINGCONTRACTS X(3_no F,ntity Name: {, rn +i on Entity name correct on contract? � _ _No L. Gf_ – Entity registered with FL Sec. of State'? 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 SAY—:n--3v Fire/Prop Damage Required Automobile Liability Bodily Inj & Prop Required $,''j(7(7� Workers Compensation e omo,yA l - Each accident Required $ LvS Disease Aggregate Required $ __ Disease Each Empl Required $ Umbrella Liability Each Occurrence Yes No ✓ Yes ---No _No No Provided Q -Q_L Provided $a _M L Provided $ Provided $� Provided $ 1 Provided $___- �Y�`_�_l Provided.$An 'M- Provided $ __ Provided $ Provided $ lhne � Aggregate Provided $ ✓ _ i Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $_ – Provided $_lm' 1� Per Aggregate Required provided $ Other Insurance — - Each Occur TypeRv Required. -- County required to be name as additional insured? County named as additional insured? Exp. Date d Exp. Date Exp. Date Exp. Date _ —t Exp. Date Exp Datel Exp Date Li I } 11 Exp Date I Exp Date Exp Date Exp Date Yes s� 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? Exp. Date_ )� Exp. Date Provided $_JR� Exp Date I��) _No T es __No - -Yes No Yes 2 '° o Yes No Yes No Yes No es No s _ No its _ No Yes No No _ es _No ___Yes No ,J ___Yes No Reviewer Initials: Date _5 04 -Co 1- f(1102 16f1 A G R E E M E N T 10-5393 for Exotic Vegetation Removal THIS AGREEMENT, made and entered into on this i-� day of Aer i ( 2010, by and between EarthBalance Corporation, authorized to do business in the State of Florida, whose business address is 2579 N. Toledo Blade Boulevard, North Port, Florida 34289, 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 May 12, 2010 and terminating on May 11, 2011. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide exotic vegetation removal in accordance with the terms and conditions of RFP #10 -5393 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. • For work $50,000 or less: the department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. • For work more than $50,000 and less than $200,000: the department may quote out work among the vendors) on contract, or, may conduct a separate new solicitation. • For work that may exceed $200,000: the department may quote out work among the vendor(s) on contract and obtain approval from the Board of County commissioners, or conduct a separate new solicitation. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page 1 of 16f1 Quotes may be submitted as time and materials or lump sum. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: EarthBalance Corporation 2579 Toledo Blade Boulevard North Port, Florida 33950 Attention: Karen F. Burnett, Vice President Telephone: 941 - 426 -7878 Facsimile: 941- 426 -8778 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239 - 252 -6584 The Contractor and the County may change the above mailing addresses at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. RFP 10 -5393 Exotic Vegetation Removal Page 2 of 16E1 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. RFP 10 -5393 Exotic Vegetation Removal Page 3 of 7 16E1 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out REP 10 -5393 Exotic Vegetation Removal Page 4 of 7 16E1 verbatim: Contractor's Proposal, Insurance Certificate, RFP #10 -5393 Specifi- cations /Scope of Services and Addendum. 16. SUBJECT TO APPROPRIATION It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.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 Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during RFP 10 -5393 Exotic Vegetation Removal Page 5 of 7 16E1 negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. RFP 10 -5393 Exotic Vegetation Removal Page 6 of 16E 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 COLLIER COUNTY, FLORIDA E. BroClc,Clerk of Courts By: - Fred W. Coyle, Chairman tA••�ff�lfrM 1 First Witness Krista Kibbe TT,,yyJpe /print Qwitness nameT xiI 4XW2aJ �G�C w V / Second Witness Linda Glazier TType /print witness nameT Approved as to form and legal,Wfficiency: County Attorney Print Name RFP 10 -5393 Exotic Vegetation Removal Page 7 of 7 EarthBalance Corporation Contractor By:-- 111/i Signatu e Karen F. Burnett Vice President Typed signature and title Itrn # lie dIP Recd Depu, ,lark 16F7, THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY - � .4 acoRV CERTIFICATE OF LIABILITY INSURANCE OPID M4 DATE(MMIDO PRODUCER Lykes Insurance, Inc 400 N. Tampa St., Suite 2200 Tampa FL 33602 EARTH -2 03 12 10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MEND , ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALO7ER THE COVERAGE AFFORDED BOY THE POLICIES EBE OW. Phone:813- 223 -3911 Fax:813- 221 -1857 INSURED INSURERS AFFORDING COVERAGE NA # PAID CLAIMS. INSURER A: _wee[tiela xneurance coaQany kNSURER 24112 e: ariageiieia �vPLoyere :,,, co, 10701 Earthbalance Corporation DBA 2579 EarthBalance T 2579 North Toledo Blade Blvd Northport FL 34286 : INSURER C:Lloyd's of London DATE MMIy F D INSURER D. _ COVERAGES NSURER E. 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 MAY PERTAIN, THIS CERTIFICATE MAY BE ISSUED OR 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIy F D DATE MMIDOttY LIMITS GENERAL LIABILITY A X X COMMERCIAL GENERAL LIABILITY C6M4053914 08/23/09 08/23/10 EACH OCCURRENCE $ 1000000 PREMISES CLAIMS MADE OCCUR (Ea occurence) $ 1$0000 MED EXP(Any one person) $15000 X Contractual List, PERSONAL B ADV INJURY $1000000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2000000 PRODUCTS- COMPIOPAGG $ 2000OQ0 POLICY X JECT LOC Em Hen. 10 0 0 _n0- AUTOMOBILE LIABILITY A X ANY AUTO CMM4053914 08/23/09 08/23/10 COMBINED SINGLE LIMIT (Ea accident) $ 11 000, 000 ALL OWNED AUTOS - -- BODILY INJURY - -. SCHEDULED AUTOS (Pe, Person) $ X HIRED AUTOS BODILY INJURY $ ,X NON OWNED AUTOS (Pe,accid.N) PROPERTYDAMAGE (Peraccidenp $ GARAGE LIABILITY ANY AUTO AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ : AUTO ONLY AGG $ EXCES$IUMBRELLA LIABILITY A X OCCUR CLAIMS MADE C6II44053914 08/23/09 EACH OCCURRENCE 08/23/10 AGGREGATE $ 10, 000, 000 $10,000,000 DEDUCTIBLE $ X RETENTION $ Q WORKERS COMPENSATION AND $ B EMPLOYERS' LIABILITY X TORY LIMITS X ER ANY PROPRIETORIPARTNERIEXECUTIVE 0830 -37583 04/01/09 OFFICER/MEMBER EXCLUDED? 04/01/10 E. L. EACH ACCIDEM $]- 000000 If yes, describe Under SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYEE $1000000 OTHER E.L. DISEASE -POLICY LIMIT $ 1000000 A Property Section CMK4053914 08/23/09 08/23/10 C Professional Liab PGIARK0030600 02/18/10 Varies 02/18/11 Varies Prof Liab DESCRIPTION OF OPERAPONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 1,000,000 RE: Contract #10 -5393 "Exotic Vegetation Removal" Collier County Board of County Commissioners is included as an additional insured with respect to General Liability. CERTIFICATE HOLDER COLL330 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI Sery ices DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Administrative Services Collier County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Division-Purchasing IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 Tamiami Trail East REPRESENTATIVES. Naples FL 34112 AU D R T ACORD 25 (2001/08) © ACORD CORPORATION 1988 16E IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 04/12/2010 13:08 9414268778 EARTHHALANCE CERTIFICATE OF LIABILITY INSURANCE Wallace We1Oh S WilliRgbam :Enc 300 let AVM. SO-, 5th Floor Lit. Petersburg FL, 33101 Phamle :727 -522 -7777 Pax.727 -53 larthbalaac com.ration NEor bL Port TL 341788 Sled INSURERS AFFORDING COVERAGE INSURER m 1 VEI DATE fM'hM1 NAIL i COVERAGES 'ME INSIBMNCE LLSTFy SaM NAVE NEN ISSUED tO THE WMAM NAMED ABOVE FOR THE POLICY RERIOD NCOAATSD. NOTWIMSTAN ] POLI�OF ANY W"IA r,"ff. TEWA OR CONUTmN OP ANY CM MOT OR CrNEI DDV RAENT WRN RESPECT TO VrH101 TNIS CERTIFIGTE AMY Be 195UEO DR LMYPERTA1Kr11E1Mft ANON AFFOWW W THE POLICIES DLSCUOW N ,"InS ,,MT TO M.i TMAS. EXCLUSIONS AND WMOMONS OF SUCH POLICES, AG(#OATE UM"SNOWN NAY HAVE BEEN REDUDED BY PAD CAWS. mm L wo TTPB OFNaIRANCB FOLcr MEMBER OATS OAT LOOM GENERAL LAABILIYY PACT 0Cl11RRENCE S P a gwTgm $ WMMH+CML GENERAL LNBLrFY AlEV GW(Agan,p~) i gAIM3 AMOE ❑OCCUR PERSONN.SADVWURY i GENERAL AGGREGATE i %NL AGGREGATE LqINpl.TAPKIES MM-. PROOUCIR -COMP PAOM y POLICY p T LOO AIOOWOILE LNBK O COMSNW SINOW VWr ANY AftO (EASedd�O BOOILY INJURY ALL OMM PVTOS SCN®uLW AUTOS crw"+m) i VIREO AUTOS ND"WNWAVMS (PPcaE mw) S L • -- (PRpPERTY0A/MGE GARAGE LNBRJTT 7m00NI,V •EAACCDEIR S ANYAUTO OTNPN THAN C/'ACC S AUTO ONLY: AGO i EiCEiimLEIREW LamIfTS PAC, OCCURRENCE is OCCUR �CLNNIS MADE AGGREGATE y 8 Okoucmm e s RETENTION $ i EKPLO iCOMPSa ►rD11 AND 8 _ ER' A ANY PRIPROL EADAPANITaTAEXECUTWE 0830375830 04/01/10 04/01/11 ELFACIACCOINT s 11000,000 OF FICFReEMBER EXMUOEOr Nyyee��amGlne.near 9PEC,AL FRTAapNS DeleAr E.L.mSEASE -EAE 8$1,000,000 OTHER EL. DIBEABE- POLICY LW,T $01,000,000 S I LOCATDNB DEBWOOF OPD YICLEB IERCLWgNe AOOFll 6YBIOLORSSAfJR lBPECAL PIBIVISIONB CERTMATE HOLDER rears....,.... COLLCOB SNOIRD ANV OF TTIEABOYE OESDRIWp POLICES kE CAMCFJyEp BEFdiE TNELOD'EV1T10 Collier Cotwty aDCC bATE YNERELB', TINE IBSUINGINSUR6LWaLENOEAYORTO MAL 10 DAYS 1NemEH Admin i xv iatratop eeices Division Puz.t"i NOrmETOTHEOER1WmAYk NOLBER AAAED TD rPE LSAT, OUT FANORETO DOW SNALL 3301 Tamiami Trail g Rast aooEE WO ORLAMTIDN DLL UABRRr OF ANY NND UPONIHB NISUBM, l,B AGENTS OR Naples PL 34122 REM,PAivr.ewss 04/12/2010 13:11 — 9414268778 EARTHBALANCE I I PAGE 02 IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- 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). DISCLAIMER The Certificate of Insurance on the reverie side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, not does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 16E1 MEMORANDUM Date: April 21, 2010 To: Lyn Wood, Purchasing Contract Specialist From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #10 -5393: "Exotic Vegetation Removal" Contractors: Walker Exotic Tree Eradication & Mitigation LLC, Environmental Restoration Consultants, Inc., EarthBalance Corp., and DeAngelo Bros. d /b /a Aquagenix, Inc. Enclosed is an original for each contract, referenced above (Agenda Item #16E1), approved by the Board of County Commissioners on Tuesday, April 13, 2010. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure (3) ffll rC-� o1s�8' ITEM NO.: 10 FILE NO.: ROUTED TO: 16E1 .DATE- RECEIVED: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: April 13, 2010 To: Office of the County Attorney SP T Jeff Klatzkow Ikki From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 IV S f�/ Re: Contract: #10 -5393 "Exotic Vegetation Removal' Contractors: Walker Exotic Tree Eradication & Mitigation LLC VEnvironmental Restoration Consultants, Inc. EarthBalance Corp. DeAngelo Bros. d /b /a Aquagenix, Inc. BACKGROUND OF REQUEST: °fit �bV% This contract was approved by the BCC on April 13, 2010, Agenda Item 16.E.1. These items have not been previously submitted. ACTION REQUESTED: Contracts review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the documents, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Melissa Hennig, Facilities Mgmt. RLS # tc-�FZC�, &6 -7�) CHECKLIST FOR REVIENVING CONTRACTS Entity Name: _ __ 1l_\1_ %'or�f -) 1-� �_�� � o � vn anSU L� -w I'� Entity name correct on contract ?''"" 4z--<Yes _ _No Entity registered with FL Sec. of State'? _ No 16E 1 Insurance LLL��� 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 $�_n_�- Personal & Advert Required $ No es No Hof (C s No Yes No Provided Provided $ �• > > Provided $ _ Each Occurrence Required $ kY t r I Provided $_ Fire /Prop Damage Required $ _ Provided $ Automobile Liability �1v� 1 Bodily Inj & Prop Required $ 1(1( Provided $ N(Y\l Workers Compensation 'E-- 10 zS 1" Each accident Required $ Provided $ lil Disease Aggregate Required $ Provided $ / Disease Each Empl Require 4/ Provided $t� L Umbrella Liability Exp. Date, -2C _ t I Exp. Date Exp. Date _ r Exp. Date Exp. Date Exp Date Exp Date t �� Exp Date I Exp Date Each Occurrence Provided $ _ Exp Date Aggregate Provided $ _ Exp Date _ Does Umbrella sufficiently cover any underinsured portion'? __. _ Yes __ _No Professional Liability Each Occurrence Required $ Provided $ Exp. Date Per Aggregate Required $_ _ Provided $_ _ Exp. Date Other Insurance Each Occur Type:___ 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? 1 es ----No es No Yes _ No __Yes / —No-- Yes No Yes No Yes No es No Jles No s No No ✓ es No Yes No Yes No Yes No Reviewer Init _ Date' 04111.1- 3 / 2 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: April 13, 2010 RE: Review Insurance for Contract: #10 -5393 "Exotic Vegetation Removal' Contractors: Walker Exotic Tree Eradication & Mitigation LLC V Environmental Restoration Consultants, Inc. Earth Balance Corp. DeAngelo Bros. d /b /a Aquagenix, Inc. This Contract was approved by the BCC on April 13, 2010, Agenda Item 16.E.1. Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod /LMW C: Melissa Hennig, Facilities Mgmt. DATE RECEIVED APR 14 ,2010 I' 16E 16E1 mausen_g From: RaymonclCarter Sent: Wednesday, April 14, 2010 3:54 PM To: LynWood Cc: HennigMelissa; mausen_g; DeLeonDiana; HerreraSandra Subject: Contract 10 -5393 "Exotic Vegetation Removal" All, I have approved the certificate of insurance provided by Environmental Restoration Consultants, Inc. for contract 10- 5393. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray Manager Risk Finance Office 239 - 252 -8839 Cell 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 electronic mail to this entity. Instead, contact this office by telephone or in writing. www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Profit Corporation ENVIRONMENTAL RESTORATION CONSULTANTS, INC. Filina Information Document Number P99000001017 FEI /EIN Number 650898081 Date Filed 01/04/1999 State FL Status ACTIVE Last Event CANCEL ADM DISS /REV Event Date Filed 01/19/2005 Event Effective Date NONE Principal Address 24571 REDFISH ST. BONITA SPRINGS FL 34134 Changed 01/19/2005 Mailing Address 24571 REDFISH ST. BONITA SPRINGS FL 34134 Changed 01119/2005 Registered Agent Name & Address ADAIR, JEFFREY A 24571 REDFISH ST. BONITA SPRINGS FL 34134 Address Changed: 01 /19/2005 Officer /Director Detail Name & Address Title P ADAIR, JEFFREY A 24571 REDFISH ST. BONITA SPRINGS FL 34134 Annual Reports Report Year Filed Date 2008 01/08/2008 2009 01/22/2009 Document Searches 1P6LoI Forms Help Entity Name Search Submit http://www.sunbiz.org/scripts/cordet.exe?action—DETFIL&inq_doe number= P990000010... 2/23/2010 www.sunbiz.org - Department of State Page 2 of 2 2010 01/09/2010 1 6 E 1 Document Images 01/08/2008 - - ANNUAL REPORT View image in PDF format 01/04/2007 01/09/2010_- ANNUAL REPORT View image in PDF format 01/22/2009 -- ANNUAL REPORT View image in PDF format 01/08/2008 - - ANNUAL REPORT View image in PDF format 01/04/2007 ANNUAL REPORT View image in PDF format 01/06/2006. -- ANNUAL REPORT View image in PDF format 01/1912005 REINSTATEMENT View image in PDF format 01/15/2002 ANNUAL REPORT View image in PDF format 03/28/2001 --ANNUAL REPORT View image in PDF format 04/19/2000_. -- ANNUAL REPORT View image in PDF format 01 /04/1999 -- Domestic Profit View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events No Name History Submit, I Home I Contact us I [Do( arrant Searches I [SFilinq Services I Forms I Help Copyright and Privacv Policies Copyright © 2007 State of Florida, Department of State. hftp://www.sunbiz.org/scripts/cordet.exe?action—DEI'FIL&inq_doc number— P99000001 0... 2/23/2010 16E1 A G R E E M E N T 10-5393 for Exotic Vegetation Removal THIS AGREEMENT, made and entered into on this , day of Ae , 2010, by and between Environmental Restoration Consultants, Inc., authorized to do business in the State of Florida, whose business address is 24571 Redfish Street, Bonita Springs, Florida 34134, 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 May 12, 2010 and terminating on May 11, 2011. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide exotic vegetation removal in accordance with the terms and conditions of RFP #10 -5393 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. • For work $50,000 or less: the department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. • For work more than $50,000 and less than $200,000: the department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. • For work that may exceed $200,000: the department may quote out work among the vendor(s) on contract and obtain approval from the Board of County commissioners, or conduct a separate new solicitation. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page 1 of 16E1 Quotes may be submitted as time and materials or lump sum. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Environmental Restoration Consultants, Inc. 24571 Redfish St. Bonita Springs, FL 34134 Attention: Jeffrey Adair Telephone: 239- 287 -2706 Facsimile: 239 - 992 -0086 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239- 252 -8371 Facsimile: 239 - 252 -6584 The Contractor and the County may change the above mailing addresses at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. RFP 10 -5393 Exotic Vegetation Removal Page 2 of 7 16E1 7. PERMITS: LICENSES: TAXES. In compliance with Section 21.8.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. RFP 10 -5393 Exotic Vegetation Removal Page 3 of 7 16E1 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. 'This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out RFP 10 -5393 Exotic Vegetation Removal Pale 4 of 7 16E I verbatim: Contractor's Proposal, Insurance Certificate, RFP #10 -5393 Specifi- cations /Scope of Services and Addendum. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.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 Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during RFP 10 -5393 Exotic Vegetation Removal Page 5 of 16E1 negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. RFP 10 -5393 Exotic Vegetation Removal Page 6 of 16E1 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: First Witness C_- T;rype/print witness nameT TType /print Ivitness nameT Approved as to form and lega fficiency: [jes- 'QA�nt County Attorney Print Name RFP 10 -5393 Exotic Vegetation Removal Page 7 of 7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 1 `"°`. W . C'J' Fred W. Coyle, Chairman ( ) Environmental Restoration Consultants, Inc. Contractor By: ,� Signature Typed signature and title Item# �( Agenda Date �C Date 1412-1 O Rac'd Depu Clerk ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID TO ..,E,M /09/ BNVIA -4 03/09/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CODERS NO RIGHTS UPON THE CERTIFICATE Olin Hill 6 Associates Inc. HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2804 D 1 P d Blvd #107 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. e ra o v Cape Coral FL 33904 Phone: 239 - 945 -1900 Fax: 239 -945 -3163 Environmental Restoration Consultants, Inc. 24571 Redf.sh Street Bonita Springs FL 34134 rnvcowr_cc INSURERS AFFORDING COVERAGE - ..A Auto Owners InsuranceCo. .vP,P.P. I H.c,xM «r NAIC # 09703 HE .E.I MwPARO IrsreOeE.aw A, EN Icww IO IRE ...n NAME. ARO...w H»E Puc. NER . NQ RO weu° ANY a Iwro wxMMEn.OVUM w CANCE.u,R w MIRE THE EM»PAIU. IIIATITT. . IH. Mw....r... M.L IRM ...— 30 I....". » ANY . P.FPU HAI IC IPM .WITH WAPEC110 IPIR- RUInI. -1 BE R ON Collier County Board ofwawc.Hla.°PLIA..,H.o w lRwwEx l.s.a..na County Coaoussioners MAY FAIN INUINARC. A.FOwIe..Iµ E Axles 1.11 --N w.erH IO MI IMP I.I.,s...n,.swsAw PIrA.IIUn u wc» AI`�0�� Naples FL 34102 401 51...RNRAU, uJUU .. .1 .-E N.x- -Q.- HAND 2AMA Rq T -� -. _ rP._ T _. jrtACy_w. ♦,P x ,w wa.lwmmwn' wwww" uwe ¢Ex[.1.1 Ir »cmuPUxa { 1,0001000 MaE A X Y X cOH.,exu,x CE«E,HM HIMMl 2072713fi 01/20/10 01/20/11 m.wR { 300,000 �� aMHU MIm. rX 1 olvM cMx { 10,000 f 1 r 000,000 _ SONM L iMQ RTtiNt I.PF { 2,000,000 s 2,00.01000 E . AWPE AT I INAT .wiI.5NNE .cWV LC HURRY ,OC AYIONONIFUAMIn - fdIMINNO ,x C LEIYII '1000000 A X 148- 267223 -00 01/09/10 01/09/11 " m"I.. _.. �Axlwm I OwxEO w.OS I i MQUALI—E, m° `"0 s scxEw,IEnA.I.s »ME. Amos .P a.. xOx owE.H A.,CS n.....I..Mw. I s F An-1 u.WUIY AQ1.QNI1 .. IA.NU �.ARnff Axv A,nO O, »EP HEAR FAA { _.. . AUU, MIV A. s I LyCL88,H ypUly WPEWL .n OCfU PHE I MC.P r J 0.AMS UUi. UGEEG l t V wININE { NEIExTW nelR.Re CwIPFN4ICN APe X .A IMI O— Fn EwLO.EPB UwsL 1. A 20727970 01/20/10 01/20/11 ,IQ-1 ' f 500000 .. A »HxEPUew..E R. I MNMNR"n- .OFF [.xmEM9.v E.c...EO= �I �, E. uAa.sE E ENVY wE. s 500000 I H.H '{ 500000 _. ..w.mlox m °..R.Hwxa HLOCn.wlm,..,Pn..1E,n.aHanA ®.. ew.uaEMI,...cML E.wnoxs Collier County Board of County Commissioners is listed as Additional Insured pertaining to the above referenced General Liability policy. 11=10 cV rA= N 1 n 0 CANCFI I AT N COLLIER weu° ANY a Iwro wxMMEn.OVUM w CANCE.u,R w MIRE THE EM»PAIU. IIIATITT. . IH. Mw....r... M.L IRM ...— 30 I....". Collier County Board ofwawc.Hla.°PLIA..,H.o w lRwwEx l.s.a..na County Coaoussioners 3301 East Taiiami Trail AI`�0�� Naples FL 34102 ACORD 25 (2001108) VALVKV IrVKNV IIVK IM00 16E1 MEMORANDUM Date: April 21, 2010 To: Lyn Wood, Purchasing Contract Specialist From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #10 -5393: "Exotic Vegetation Removal" Contractors: Walker Exotic Tree Eradication & Mitigation LLC, Environmental Restoration Consultants, Inc., EarthBalance Corp., and DeAngelo Bros. d /b /a Aquagenix, Inc. Enclosed is an original for each contract, referenced above (Agenda Item #16E1), approved by the Board of County Commissioners on Tuesday, April 13, 2010. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure (3) ITEM NO.: � Of S) FILE NO.: ` ROUTED TO: DATE DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: April 13, 2010 To: Office of the County Attorney 512-7 Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist bLl.Q,�1 Purchasing Department, Extension 2667 16E I RECEIVED: 0 0 - c0 v*,, Re: Contract: #10 -5393 "Exotic Vegetation Removal' Contractors: Walker Exotic Tree Eradication & Mitigation LLC Environmental Restoration Consultants, Inc. EarthBalance Corp. V/beAngelo Bros. d /b /a Aquagenix, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 13, 2010, Agenda Item 16.E.1. These items have not been previously submitted. ACTION REQUESTED: Contracts review and approval. OTHER COMMENTS: ,�j I vh )16 Please forward to BCC for signature after approval. If there are any questions concerning the documents, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Melissa Hennig, Facilities Mgmt. \O MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: April 13, 2010 RE: Review Insurance for Contract: #10 -5393 "Exotic Vegetation Removal' Contractors: Walker Exotic Tree Eradication & Mitigation LLC Environmental Restoration Consultants, Inc. EarthBalance Corp. VDeAngelo Bros. d /b /a Aquagenix, Inc. This Contract was approved by the BCC on April 13, 2010, Agenda Item 16.E.1. Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod /LMW C: Melissa Hennig, Facilities Mgmt. 16E1 KAI& APR 14 ,2010 16E1 mausen_g From: RaymondCarter Sent: Wednesday, April 14, 2010 3:38 PM To: LynWood Cc: DeLeonDlana; HennigMelissa; mausen_g; HerreraSandra Subject: Contract 10 -5393 "Exotic Vegetation Removal" All, I have approved the certificate of insurance provided by DeAngelo Bros. d /b /a Aquagenix, Inc. for contract 10 -5393. The contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray Manager Risk Finance Office 239 - 252 -8839 Cell 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 electronic mail to this entity. Instead, contact this office by telephone or in writing. 16E 1 DeANGELO BROTHERS INCORPORATED The undersigned, being all the directors of DeANGELO BROTHERS INCORPORATED DBA AQUAGENIX, INC. (the "Corporation), by their signatures hereby consent to the following resolution: AUTHORIZATION TO SIGN CONTRACTS AND COMMITMENTS WHEREAS George Bowling has been appointed Manager of DeANGELO BROTHERS INCORPORATED DBA AQUAGENIX; NOW THEREFORE BE IT RESOLVED THAT George Bowling is hereby designated as an authorized signing officer of the Corporation, and is authorized to execute and deliver on behalf of the Corporation contracts, commitments and other documents necessary for contracts and proposals for Collier County Government. DATED this 121h day of February, 2008. PAUL D. DeANGE PJEA,YY; A. DeANGEL President retary /Treasurer jr PcIVNG Y LVAititn — _..�.o._�._ NXIrlad Sea Grom L Swank, Notary Public lsmixx P.: •c, Jciiurnbia Count My GO-mission i Ypoes Oct. 13, 2009 Memb,, yh +nl tion of Nnlaries wv�%v.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return to List Filing. History Fictitious Name Detail Fictitious Name AQUAGENIX Filing Information Registration Number G01129900091 Status ACTIVE Filed Date 05109/2001 Expiration Date 12/31/2011 Current Owners 1 County DUVAL Total Pages 2 Events Filed 1 FEI /EIN Number NONE Mailina Address 100 N CONAHAN DRIVE HAZELETON, PA 18201 Document Searches Owner Information DEANGELO BROTHERS, INC. 100 N CONAHAN DRIVE HAZELTON, PA 18201 FEI /EIN Number: 23- 2332783 Document Number: F97000000347 Document Images 05/09/2001 REGISTRATION View image in PDF format i 02/09/2006 - RENEWAL View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return to List Filing_Hists� Pale 6r fit I Forms Help I Home I Contact us I Document Searches I E- FII'mq Services I Forms I Help I Copyright and Privacy Policies Copyright C 2007 State of Florida, Department of State. Fictitious Name Search Submit Fictitious Name Search Submit http: / /www.sunbiz.org /scripts /ficidet.exe ?action = DETREG &doenum= G01129900091 &rd... 2/23/2010 wv .v.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Foreign Profit Corporation DEANGELO BROTHERS, INC. Filing Information Document Number F97000000347 FEI /EIN Number 232332783 Date Filed 0112211997 State PA Status ACTIVE Last Event REINSTATEMENT Event Date Filed 03/08/2007 Event Effective Date NONE Principal Address 100 N. CONAHAN DRIVE HAZLETON PA 18201 Mailing Address 100 N. CONAHAN DRIVE HAZLETON PA 18201 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Officer /Director Detail Name & Address Title PRIES DEANGELO, PAUL D FIRES 129 ST. CHARLES DR. HAZLETON PA 18201 Title TREA DEANGELO, NEAL A TREA 145 MOSEYWOOD ROAD LAKE HARMONY PA 18064 Title SECR FERGUSON, JOSEPH G SECR 1946 ELECTRIC STREET DUNMORE PA 18512 Annual Reports Document Searches Page I of 2 16E Forms Help Entity Name Search Submit http: / /www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq doc_numbet= F970000003... 2/23/2010 wA w.sunbiz.org - Department of State Page 2 of 2 Document Images 01/04/2010 --ANNUAL REPORT 16E 05/12/2009 - ,.ANNUAL REPORT 1 Report Year Filed Date View image in PDF format ' 03/08/2007 __REINSTATEMENT View image in PDF format ' 2008 02/25/2008 View image in PDF format. 04 /1.9 /2004__ANNUAL REPORT View image in PDF format 2009 05/12/2009 View image in. PDF format ' 03/25/2002 ANNUAL REPORT View image. in PDF format 2010 01/04/2010 View image in PDF format 08/25/2000 --ANNUAL REPORT View image in PDF format Document Images 01/04/2010 --ANNUAL REPORT View image in PDF format ' 05/12/2009 - ,.ANNUAL REPORT View image in PDF format 02/25/2008 ANNUAL REPORT View image in PDF format ' 03/08/2007 __REINSTATEMENT View image in PDF format ' 04/13/2005 -- ANNUAL REPORT View image in PDF format. 04 /1.9 /2004__ANNUAL REPORT View image in PDF format 07/14/2003 ANNUAL REPORT View image in. PDF format ' 03/25/2002 ANNUAL REPORT View image. in PDF format 08/31/2001 - _ANNUAL REPORT View image in PDF format 08/25/2000 --ANNUAL REPORT View image in PDF format 02/10 /1999 -- ANNUAL REPORT View image. in PDF format. 01/22/1998 ---ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events No Name History Submit I Home I Contact us I Document Searches I E- Filing Services I Forms I Help I Copyright and Privacy Policies Copyright 2007 State of Horida, Department of State, http: / /www.sunbiz.org/ scripts /cordet.exe ?action= DF'I'FIF &inq _doc_number— F970000003... 2/23/2010 ILLS # _ j (.)'- ZC21�� CI3ECKLISTF R REWENVING CONTRACTS _ Entity Name: � � �.;� r. _ Entity name correct on contract? s No 16E 1 Entity registered with FL Sec. of State? 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 $ It j \1 Personal & Advert Required $_ Each Occurrence Required $_�._L1i Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $. C) Workers Compensation `,�►j Each accident Required Disease Aggregate Required $ Disease Each Empl Required $_ Umbrella Liability 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 h Each Occur Type: (*on U�1 Re uired YCIu l/N- V 1=_ q ���' Provided $ $ �� Exp Date 1 l ) / fir• �� I l nq� County required to be named as additional insured? �/�};es `}70 County named as additional insured? Yes No Ll-f�s No ��4es No ro }ft •\,'es _No es No Provided Provided Provided $ \j_ Provided $ Provided $_ _A0 Provided $ Y7Mj \� Provided $ *AMr A Provided $ r r " Provided $ t Exp. Date A 1 I b Exp. Date Exp. Date _ Exp. Date TL Exp. Date Exp Date 6 t W, Exp Date _ t t t (7 Exp Date l I 1 Exp Date ExpDate Exp Date —Yes 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? Yes No Yes No __Yes No Yes No Yes No Signature Blocks Correct executor name in signature block? ✓ Yes No Correct title of executor? -Wes Executor authorized to sign for entity? __ Yes ---No No Proper number of witnesses /notary? —�-Yes No Authorization for executor to sign, if necessary: ('e >C) _ Chairman's signature block? �Ye No Clerk's attestation signature block? County Attorney's signature block? _`_�S'zs es _No No Attachments Are all required attachments included? Nto Reviewer Initials: Date: 04 -COA -0I '+ 2 16E1 A G R E E M E N T 10-5393 for Exotic Vegetation Removal THIS AGREEMENT, made and entered into on this 13Thday of Aer, 2010, by and between DeAngelo Brothers, Inc., DBA Aquagenix, Inc., authorized to do business in the State of Florida, whose business address is 100 North Conahan Drive, Hazleton, Pennsylvania 18201, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on May 12, 2010 and terminating on May 11, 2011. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide exotic vegetation removal in accordance with the terms and conditions of RFP #10 -5393 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. • For work $50,000 or less: the department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. • For work more than $50,000 and less than $200,000: the department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. • For work that may exceed $200,000: the department may quote out work among the vendor(s) on contract and obtain approval from the Board of County commissioners, or conduct a separate new solicitation. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page I of 7 16E1 Quotes may be submitted as time and materials or lump sum. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: DeAngelo Brothers, Inc., DBA Aquagenix, Inc. 6260 Metro Plantation Road Fort Myers, FL 33966 Attention: George Bowling Telephone: 239- 561 -1420 Facsimile: 239 - 561 -2883 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239 - 252 -6584 The Contractor and the County may change the above mailing addresses at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. REP 10 -5393 Exotic Vegetation Removal Page 2 of 7 16E 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. RFP 10 -5393 Exotic Vegetation Removal Page 3 of 7 16E C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out RFP 10 -5393 Exotic Vegetation Removal Page 4 of 16E I verbatim: Contractor's Proposal, Insurance Certificate, RFP #10 -5393 Specifi- cations /Scope of Services and Addendum. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.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 Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached during RFP 10 -5393 Exotic Vegetation Removal Page 5 of 7 16E 1 negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. RFP 10 -5393 Exotic Vegetation Removal Page 6 of7 16E1 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 ATTrST,; , COLLIER COUNTY, FLORIDA LZev' ht E Bro 1 Clerk of Courts /f 13 By: at s o Fred W. Coyle, Chairman SEA At"p, . - tg+a trmt I s 1 rta► i<' ax; 4'i First Witness print witness nameT / Second Witness TType /print witness nameT Approved as to form and leg iciency: �;t County ttorney 1 Print Name REP 10 -5393 Exotic Vegetation Removal Page 7 of 7 DeAngelo Brothers, Inc., DBA Aquagenix, Inc. 13 George Bowling /Sales Manager Typed signature and title Item # v Agenda t4 j3 ro Date Rec puty lerk R CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 PRODUCER 877- 945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTEF ONLY AND CONFERS NO RIGHTS UPON willin of Pennsylvania. Inc. HOLDER, THIS CERTIFICATE DOES NOT At :6 century blvd, [ALTER THE COVERAGE AFFORDED BY THE P. O. box 305191 NASI,Yilla, re 31.305391 INSURERS AFFORDING COVERAGE INSURED DeAngelO Brother., Inc. TiA Aquagenix IH$1r`'' A. Arch InsuranCa Company 6250 Natro Plantation Road ,1$VREIi I, Colony rational in. ... Dr. Company Port my. tA, PL 33966 PIU.z[RC Arn, Tvanzanra Company ,NsIlREL, ACa Amer3Ga0 I ... ranna COMPARE CrNlFRAr:FR NAICN 12150076 14118 -001 ill50 -050 2 «647.003. THE POLICIES OF INSURANCE LISTED BELOW) HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITH$TANDIN(3 ANY REQUIREMENT_ TERM OR CONDITION OF ANY CONTRACT OR OTHER UOCVMENT WITH RESPECT TO WHICI _16E1 MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TQ AtL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH DATE NANODIYYY'Q NOTICE TO THE CERTN KATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO On $0 SHALL 02/1712010 LIMITS NAICN 12150076 14118 -001 ill50 -050 2 «647.003. THE POLICIES OF INSURANCE LISTED BELOW) HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITH$TANDIN(3 ANY REQUIREMENT_ TERM OR CONDITION OF ANY CONTRACT OR OTHER UOCVMENT WITH RESPECT TO WHICI THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TQ AtL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIE5. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NOTICE TO THE CERTN KATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO On $0 SHALL _. ....._ _.._. _. ... __.. ttCC. ApnpLL INSR' O'L TYPE OF INSURANCE POECYNUEMIER DATE MMFNdVYVY) ME[ E YYY1. LIMITS A X OENERALUABINTY IIPKG2270201 11/1/2009 11/1/2010 rA4m0CCO -It-CE s 1,040,000 X ApV`ME iO RENTED 100,O Lh f i`AS MADE X ! -xilR l0�(00 f "•i[[)EKt'LFNy MV(NY�3Ma $ 10,00_ ;X contractual. Liability I ITSDIO, 3AU, n.wa S 11000, DUB ,,FNEw L AOdREpATE 5 2,000.000. G{ol AGGNEGATEIIMR APPOE3 PER "AIJ?JCY co"POEAGG, S 2,000,000 Pt1LM-Y X EM X A AUroMOOlte uaDlUTY IIPKG2270201 11/1/2049 11/1/2014 a[ +Ne'sImH;Lr cenr - 2,000,000 X A`! A4 F4 X A-L CiRNEOAW,pS t t s :IIEJJL EDAIJT5S ., e _. X mRED AuR3S ktN•E FIT I F AMAGE 5 GUyIOE LIAFNLRT Aoi'IDTIT I <<I +1 AGtQ {1TIERTIAN EA "G" S AJTO Cou, • AGC 5 B EACESSI UMBRELLA LIABILITY 'AR4460205 11/1 {2009 II/I/2010 EACFCCCURRHNCe S 5,0l0�0,00/0�. . X OCCI)H Cl.'+j MS MRDE A.�f,Ii SASE. S 5,000,000. . X ftETENnOH 10. 000 s WORKERS COMPENSATION' C 11WCI2270I01 11/1 {2009 11 /1/207p A' 9!AT , 0114 X rnirr ilmli5 6R ANDEMPLOYERVUAelutr N ANY RHiM'RIETOWPAftiNEN= %[CU RVC; N' [l cA +:HA4CI04 tiT 5 1,000,000 f."Ffl;EW4tMBEM EXCtUJEO'+ (ManOlipylnNlry It 4SEd5£- E0.ENRVT'E.y Ir404,. 0100.... ^FnOe T'�Me Y, JIYA9E. hJ1ICYlIMIi S 1 D aRER CPNG2 8774 0 II /l/2009 11/1/2010 Cnvtractor's Pollution 43.500.900 Rach Claim $7,000,000 Aggregate DESCRIPTION OF OPERATIONSiLOCAT10NSt VEHICL€ S, E% GLUSIONS ADDED BY ENDORSEMENT 15PE01ALPRCAUSIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 10/23/2009 WITH ID: 13285088 Certificate Holder and Board of County Commissioners, Collier County Government are named as Additional Insureds to the extent required by the written contract in regards to DeAngelo Brothers Inc dba Aquagenix. CFRTIFICATF Hni DFR CANCFI I ATV]N ACORD 25(2D09101) Coll :2938673 Tpl:999995 Cert:13$24911 *1988 -2009 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ADO't DESCRIBED PDLKIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE IS59MB INSURER M" ENDEAVOR TO MAIL 34 DAYS NRUTTER NOTICE TO THE CERTN KATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO On $0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Collier County Hoard of County Cosmissionera 3301 East T= aRi TIail Naplaa, PL 34112 REPRESENTATNES. AUTH BREpRESENT jylYE ///�' ACORD 25(2D09101) Coll :2938673 Tpl:999995 Cert:13$24911 *1988 -2009 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD