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Backup Documents 01/22/2019 Item #16E1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 E 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FO , Print on pink paper. Attach to original document. The completed routing slip and original documents are to I• i Lr;. (o it,. t r'? Dv ti x_• � . . I' Office at the time the item is placed on the agenda. All completed routing slips and original documents must L . „,...,. .,,,,,,,.,ii, Office no later than Monday preceding the Board meeting. I�A'L.IVY ( ' **NEW** ROUTING SLIP II JAN Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docum A N aSey2; °Tete wi the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the CountyyyAttorneey i e. SK ManaIJa�C IG Route to Addressee(s) (List in routing order) Inili F Office tci Maiiayrnu 1. Risk Risk Management )7 2. County Attorney Office County Attorney Office 7.1443-.-Ne->, l Board of County (›D1.--\-\.Ns`�. Commissioners 4. BCC Office \4 / AZ_C\\c'k 4. Minutes and Records Clerk of Court's Office 1)25/1 3:3-l ^ 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHASIN Contact Information 239-252-895 Contact/ Department Agenda Date Item was JANUARY 22,2019 Agenda Item Number 16.E.1 Approved by the BCC Type of Document ASSUMPTION AGREEMENT Number of Original 2 Attached Documents Attached PO number or account N/A 16-6555 Green Effex,LLC. number if document is Green Effex,LLC. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. � (Initial) Applicable) 1. Does the document require the chairman's original signa e STAMP OK N/A 2. Does the document need to be sent to another agency for a itional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/22/2019 and all changes made during the meeting have been incorporated in the attached document. The County ,? Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by • - , BCC,all changes directed by the BCC have been made,and the document is ready,or t Chairman's signature. .. / 16E1 MEMORANDUM Date: January 29, 2019 To: Ana Reynoso, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Assumption Agreement to Contract #16-6555 "Ground Maintenance for Facilities Management Division" Contractor: Green Effex, LLC Attached for your records is an original of the referenced document above, (Item #16E1) adopted by the Board of County Commissioners on Tuesday, January 22, 2019. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16E1 ASSUMPTION AGREEMENT THIS ASSUMPTION AGREEMENT is made and entered into on this 2 of -Y11(1.O.OLC ,2019 by and between Green Effex,LLC,a Florida Limited Liability Company, ("Contracto�' and Collier County,a political subdivision of the State of Florida("County"). WHEREAS, on June 14, 2016 (Agenda Item No. 16.E.6) the County entered into Agreement #16-6555 with Hannula Landscaping & Irrigation, Inc. "Ground Maintenance for Facilities Management Division." A copy of the Agreement#16-6555 is attached hereto as Exhibit A, together with the First and Second Amendments and renewal, and is hereinafter referred to as "Agreement;"and WHEREAS, Green Effex, LLC. hereby represents to County that through an Asset Purchase Agreement, it is the successor in interest to and in relation to the Agreement; and WHEREAS, the parties wish to formalize Green Effex, LLC, assumption of rights and obligations under the Agreement effective as of the date first above written. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement,and for other good and valuable consideration,the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. Green Effex, LLC accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. Green Effex,LLC will promptly deliver to County evidence of insurance consistent with the Agreement. 3. Further supplements to, or modifications of, the Agreement shall be approved in writing by both parties. 4. Notices sent to Green Effex,LLC shall be directed to: Green Effex,LLC 4555 Radio Road Naples,Florida 34104 Main Phone: (239) 777-9008 Attention: Andrea K. Savoretti, Owner Email: andrea@greeneffex.com 5. The County hereby consents to Contractor's assumption of the Agreement to continue the services provided under Agreement #16-6555. No waivers of performance or extensions of time to perform are granted or authorized.Except as provided herein,all other terms and conditions of the Agreement remain in full force and effect. 1 [19-PRC-03825/1454221!1] // 1 i6E1 IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. i ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal,I .,K1n2e1,,,Clerk of Courts COLLIER COUNTY, FLORIDA &Comptroller 6?). / W OA ,. . IS By: —.ow- .�. ! M1 S� ?S f0 Chairman's k._,, Nov �,, A. , Chairman Contractor's Witnesses: GREEN EFFEX,LLC. i''‘ " -:--j-4 4‘°'2.,,,;,,- .7- iSignature 131)1.$ 77--Z---)12‹ :22 n. .S' S4 .J7'. iff---dre/2,2.2i.J6 f4 - o,wu Print Name Print Name/Title rs,V9Date: 0//6-11/1 Sign ,.\Cutv2- ewe Print Name Approved .-i ti ht and legality: .1i By: I t'1i r Jeffrey'.1. .tzkow County tto ey 1 bi':,,j1..:rja _Li°1 -11q , la-qii 1 1 , ,l 1 c o Lt-2•,:_'.y ` k (e.) [19-PRC-03825/1454221/11 2 L 16E1 AGREEMENT 16-6555 for Ground Maintenance for Facilities Management Division THIS AGREEMENT, made and entered into on this 14.1-1x- day of .76Y-1_, 2016, by and between Hannula Landscaping & Irrigation, Inc., authorized to do business in the State of Florida, whose business address is 28131 Quails Nest Lane, Bonita Springs, FL 34135, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a two (2) year period, commencing on Board Award Date and terminating two (2) years from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. 2. RENEWAL. 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 renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Contractor shall provide all necessary labor, tools, appliances, equipment, supplies and maintenance and any other necessary accessories or services to perform landscaping services as specified and in accordance with the terms and conditions of Invitation to Bid #16-6555, Exhibit A— Scope of Services, and Exhibit B - the Contractor's Bid Proposal (includes list of Site Locations) 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 Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees utilizing the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon Page 1 of 23 16E1 approval by the Facilities Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Only a single lump sum quote is required, no itemized breakdown for the lump sum quote will be required for quoting or payment purposes. No time and material quotes will be accepted or required for quoting or payment. Actual invoices for materials, subcontractors, mark-ups, etc. will not be required for payment purposes, as the lump sum quote does not require a breakdown of the quote or supporting documentation. Timesheets and/or timecards will not be accepted or required for quoting or payment purposes to support labor hours, as they are not required for a lump sum quote. Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 4.2 Any County agency may purchase products and services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 23 1 6 E 1 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No mark-up shall be applied to these taxes or fees. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption #85-8015966531C-2. 6. 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: Hannula Landscaping & Irrigation, Inc. 28131 Quails Nest Lane, Bonita Springs, FL 34135 239/992-2210 Telephone; 239/498-6818 Fax Attention: Dale Hannula, President 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 Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. 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. 8. 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. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 3 of 23 • 16E1 9. 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 Agreement 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. 10. TERMINATION. With respect to this agreement, 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. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000.000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 4 of 23 1 6 E 1 D. Pollution: Coverage shall have minimum limits of $1,000,000 Per Occurrence and shall be maintained by the Contractor. 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. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, 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. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division. Page 5 of 23 16E1 15. 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. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Insurance Certificate, Exhibit A — Scope of Services, and Exhibit B — Contractor's bid proposal (includes list of site locations). 17. 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. 18. 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, as amended, 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 Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119), including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: Page 6 of 23 16E1 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 20. 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 Agreement to other governmental entities at the discretion of the successful proposer. 21. 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. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures and Section 4.1 of this Agreement. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Page 7 of 23 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. 16E1 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. Page 8 of 23 16E1 1 1 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to i Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock,0.0 of.Courts By_ !1.11 �� = iligillri By:Njf — Donna Fiala, Chairman ' •7 it Dated: � t �. (SEAL) Attest as to Chairman' - signature only. Hannula Landscaping & Irrigation, Inc. Contractor IlL BY:CaTl ib, ---L.,.--,j— First Mi- Signature TType 'nt witness namel TType/print signature and titleT Secon Witness i alar 0 CA ETE Z.- tType/print witness namel Approv:,i . •l; • . man• legality: .��' g tY� Jeffrey A I 1 kow, County Attorney Page 9 of 23 0 1 6 E 1 Exhibit A: Scope of Services While the County intends to use the Contractor awarded as a part of Agreement, the County reserves the right at any time to use other Contractors for the services described by requesting additional quotes or bids from other Contractors (per the Board's Procurement Ordinance). Ali routine maintenance work outlined in Scope of Work and Site Locations must be performed "in-house"with no subcontractors, except for fertilization and tree trimming if necessary, which shall still be considered part of theContractor's bid submission with no additional fees or costs. Additional services may be subcontracted as needed, but must be pre-approved by the Facilities Management designee and the proposal must clearly state the specific service and the Facilities Management designee (by name) who requested the service. Actual invoicing from the subcontractor shall be required as backup for the main contractor submittal to the County for invoicing purposes. The Contractor may be required to confirm to Facilities Management Division's Work Management procedures, such as utilizing the Division's work order forms, or future online work order system at no additional cost to the County. The frequency of routine service (mowing, edging, trees/shrubs/other plant material maintenance, weeding, pest control and other associated landscape maintenance services outlined under the scope)will be as follows: June— November (6 months) = Once a week December— May (6 months) = Once every other week Note: The Contractor may total the cost for the annual period and allocate the average on a monthly basis for billing purposes. If the monthly allocation billing method is used, then an attestation with list of services performed and locations with the dates of service per month will be required. Item #1, The Collier County Government Complex must be: • Completed in a maximum two consecutive day time frame for each frequency and on the same consistent days unless specific variances are approved in advance by the Facilities Manager or his designee (i.e., the site must be scheduled on two days of the week (Monday and Tuesday), and; o Note: Work is not to be scheduled on Board of County Commissioner meeting days. A calendar schedule will be provided. • Completed fully (all required services listed below throughout the entire site) on the same days of the week (i.e., Monday and Tuesday etc.) for each frequency, which may be either once a week or once every other week depending on the time of year. Full yearly schedules of proposed days for service will be submitted to the Facilities Manager or designee at the beginning of the contract and updated if there are any changes throughout the term(s) of the contract. Should the contractor not conduct Page 10 of 23 1 6 E 1 the required service on the required days, as approved initially by Facilities Management, associated fines listed below(under tasks) may be assessed. Off Campus sites must be (Items 2—58, all sites other than item #1): • Completed in a one day time frame for each frequency and on the same consistent day unless specific variances are approved in advance by the Facilities Manager or designee (i.e., site #3 must be scheduled on a specific day of the week (Monday, Tuesday, Wed. etc.), and; • Completed fully (all required services listed below throughout the entire site) on that same day of the week (Monday, Tuesday, Wed. etc.) for each frequency, which as stated above may be either once a week or once every other week depending on the time of year. Sites: Exact locations of sites are listed on Exhibit B. Approximate Area: It was the Contractor's responsibility to measure the acreage of each site. The County will not accept requests for price increases due to the vendor not verifying the acreage and not being fully informed as to the scope of services required. All acreage includes the right-of-way beyond any sidewalk. Tasks Mowing: All turf, to include right-of-way, shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings; should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost to the County. Grass shall be cut at a height of three and one-half inches (3.5"). The number of cuttings may be modified by the Facilities Manager or designee at the County's discretion, requiring a negotiated cost change between the Facilities Manager or designee and the Contractor. The Contractor will clean all clippings from sidewalks, curbs, and roadways immediately after mowing and/or edging. The contractor will not sweep, blow or otherwise dispose of clippings in sewer drains. The Contractor shall use alternate mowing practices, patterns or equipment so as not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Median strips shall be mowed as needed for a well-maintained appearance as determined by the Facilities Manager or designee. The Contractor must inspect and empty all exterior trash containers on each visit to the facility to ensure a well-maintained appearance as determined by the Facilities Manager or designee. All horticulture Page 11 of 23 16E1 debris shall be immediately removed from the site, including debris from the Collier County Museum and University Extension Office. Prior to mowing, blades shall be inspected to ensure that they are sharp and adjusted to assure a clean cut, and mowers checked for proper height of three and one half inches (3.5"). The usage of dull blades, demonstrated by clumps of grass left on turf, will result in a Deduction of $200.00 per site, per incident and will be notified in writing by the contract manager of such infraction. Edging: Mechanical edging on the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, sign posts, posts, valve boxes, sprinkler heads and all other areas deemed necessary by the Facilities Manager or designee. NO EDGING around trees or shrubs with a weed eater will be permitted. Grass root runners found in edged plant beds shall be removed. No chemicals shall be used for edging. All sidewalks, curbing or gutters including two feet (2') area from the face of the curb and sidewalk areas shall be cleaned during each service. No debris shall be left upon completion of work performed. All leaves, branches, and general debris shall be cleared from site(s). All sidewalks shall be blown clean, but no clippings or other debris shall be blown, or deposited on other adjacent property, accumulated on right-of-way areas, or disposed in sewer drains. Contractor may be fined for each individual area not cleared at a rate of $200 per site per incident, and will be notified in writing by the contract manager of such infraction. Shrubs, Plants, Etc.: All groundcovers and shrubs shall be inspected and pruned during service weeks or on an as needed basis, so as to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by the Facilities Manager or designee. Notification needs to be made to the Facilities Manager or designee, within one (1) week of identification of any dying trees, shrubs etc., so appropriate action can be taken. Shrubs shall be trimmed as many times as may be necessary to maintain a sculptured appearance. Shrubs will be pruned with hand shears as needed to provide an informal shape, fullness, and blooms. Shrub pruning should be done consistently throughout each site for all shrub types that require pruning so that the landscape gives the appearance of continuity throughout the site. During October and April, ornamental grasses, such as Fountain, Sand Cordgrass, Muhly grass, Florida Gama, or Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four inch (24") height based upon the type of plant, but not when flowering. Ornamental grass such as Liriope Muscari and Flax Lilly shall only be pruned at the direction and approval of the Facilities Manager or designee. Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain clearance from the edge of the pathway. It is recommended that adjacent shrubs and groundcovers be maintained so that they angled or are rounded away from the pathway. Page 12 of 23 16E1 Canopy Tree and Palm Pruning: Canopy Trees shall be defined as any large shrub, tree or palm with foliage above a ten foot(10') height. All canopy trees and palms shall be pruned to create and maintain a fifteen foot (15') canopy clearance over the roadways and parking lots and a ten foot (10') canopy clearance over all pathways. Canopy trees shall be selectively in perpetuity to maintain a 10' height over walkways and 15' height over roadways and parking lots to thin the interior canopy of cross branching and to shape the canopy of the trees. A professional certified Arborist shall supervise the pruning and shaping and shall be approved by the Facilities Manager. The work shall be done in a professional manner in accordance with ANSI 300, Part 1, 2, & 3 Pruning Standards. Any damaged materials or any incorrect pruning shall result in replacement of that material at the expense of the Contractor. Additional trimming of individual trees, to maintain proper appearance or treating/trimming diseased areas, may be required at the discretion of the Facilities Manager or designee, additional charges must be approved in writing by the County designee, if trimming exceeds the allowed contracted heights. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. There shall be no collar or stub cuts, gutting, topping or overlifting. Plant material with a canopy over pathways or sidewalks shall be maintained at a minimum height of one hundred twenty inches (120") or ten feet (10'). The portion of the canopy that falls below the ten (10') foot level falls under the "General Site Pruning" portion of the contract and shall be kept properly pruned. Contractor shall be responsible for maintenance of all palm species including all palm species identified as "self-cleaning". All palm trees shall be annually trimmed during the month of May, in preparation of hurricane season beginning June 1, or as needed. Palms shall be "Tropical Cut" or to a nine (9) o'clock to three (3) o'clock angle from horizontal at the base of the palms' buds or lowest fronds. The pruning of all palms shall include removal of all nuts, seed stalks, brown or dead and lower-hanging fronds of the palm. The work shall be done in a professional manner in accordance with accepted trade standards. Pruning in parking lots, when vehicles are present, shall be performed after hours or on weekends to prevent damage to vehicles. The palms shall not be climbed to remove the fronds and seed pods. No green palm fronds shall be removed. Access to the tree fronds shall be by ladder, boom truck or lift (vendor is required to provide their own equipment at no additional charge). All debris from the trimmings shall be removed and work site shall be left neat and clean. Work must be completed no later than June 1st or a two hundred fifty dollar ($250) fine will be imposed for each Palm tree not trimmed. Contractor will be notified in writing by the contract manager of such infraction. All grass, tree, and shrub trimmings are to be immediately hauled off-site at the Contractor's expense. The Facilities Manager or designee reserves the right to readdress this item after award of the Contract and after consultation with experts in the field. When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area, be closed Page 13 of 23 16E1 pursuant to the County M.O.T. Policy. Road alerts to be submitted to the Growth Management Department. Mulching: Plant beds, jogging paths, parking lot heads, and all other mulched areas shall be mulched from October through January. The mulch product shall be "Pro-Euc", and shall be provided and distributed by the Contractor at no additional cost to the County. Before installation of mulch, a sample of the proposed product shall be submitted and approved by the Facilities Manager or designee. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Where applicable, beds shall be prepped prior to mulching so mulch allows percolation. Mulch will not be placed against the trunks of palms, trees and plants. Mulch shall be kept six (6) inches away from the trunk of the tree or palm. After application, mulch needs to be removed from impervious areas. The mulch shall be placed to provide a three-inch (3"+) non-compacted or unsettled depth measured from the existing soil grade. If mulching is not completed by the end of January, a $250 fine will be imposed for each site. Weeding: Weeding of all plant beds, mulched, and rock areas, including medians, shall be performed each service week to ensure a weed-free and visually well-maintained area. The Contractor shall remove all weeds by hand with or without using a chemical treatment. If chemicals are used, they shall be Roundup or equivalent around plants, etc., but to be used in such a manner as to not damage existing plant material. Contractor must remove all weeds from sodded/grass areas using appropriate method. If weeds are not removed, a $100 fine will be imposed for each site. Pest Control: 1. It is required that the Contractor performing these services shall possess and provide the following to the Facilities Manager or designee if requested: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Current Contractor's Occupational License for Pest Control Service (if required by law). c. Certified Pest Control Operator on staff. 2. The Contractor shall provide an overall written pest and spray program that shall incorporate ant control and shall meet or exceed the following minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. Provide MSDS Sheets for chemicals upon request. d. Provide signage where applicable. 3. The Contractor shall make on-site inspections and provide written reports to the Facilities Manager or designee as needed. Page 14 of 23 16E1 4. Methods of Application: One hundred percent (100%) coverage and penetration shall be provided. Insecticides and fungicides shall be applied at the proper pressure to provide maximum coverage. a. Insecticides should be alternated, as necessary, to prevent an insect resistance to the application. b. Herbicides used in turf areas shall be applied at the proper pressure. c. Turf herbicides shall not be applied when the daily temperature exceeds eighty- five (85) degrees Fahrenheit. d. Spreader sticker shall be incorporated in all spraying of groundcovers, shrubs, trees, palms, and turf areas when recommended by the label. e. Spray applications shall be applied during times of"No-Wind" conditions. f. No trucks or tractors with bar type tires or a gross weight greater than three thousand (3,000) pounds will be allowed within or on the median areas. g. All spray applications shall contain a wetting agent within the mix when recommended by the label. h. The pH of water used in mix must be adjusted to meet pesticides' manufacturer recommendation and water pH and method must be documented for reproduction to the Facilities Manager or designee upon request. 5. Rate of Application: All chemicals shall be applied at the rates recommended on the manufacturer's labels. 6. Materials List: All insecticide, fungicide, and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Facilities Manager or designee for review and approval. All chemicals used shall be approved for use by the Environmental Protection Agency for its intended use and area of use. 7. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the site inspection reports. Ferrmec AC 15-0-0 plus 3% sulfur to one and one-half (1 1/2) gallons of material per one hundred (100) gallons of water to be added with each application of insecticide, fungicide and herbicide. a. Turf Areas: Insecticides & Fungicides -Applications on an as needed basis. Herbicides - Application on an as needed basis, Post-emergent in November, January and March or on an as needed basis. b. Groundcovers, Shrubs and Trees: Insecticides & Fungicides -Applications on an as needed basis. c. Bed Areas: Herbicides —Applications on an as needed basis, Post-emergent in November, January and March or on an as needed basis. 8. Additional Requirements: Records must be kept of all pesticide applications. Documentation shall include but not limited to: date and time of application, weather conditions at time of application, what was applied and name of applier. When it becomes necessary for the Contractor to return for additional spraying as directed by the Facilities Manager or designee due to non-performance of a required application, such additional spraying shall be performed at no cost to the County. Page 15 of 23 1. 6E1 Overall ornamental and turf spraying of plants, shrubs, and grassed areas within areas is included in the Contract. Applications shall be made the day following a rain event when plant material is dry. Shrubs and groundcovers shall have the fertilizer blown or fan raked off following the broadcast application. Immediately after the fertilizer is applied, the areas shall be watered. Fertilizers shall be removed from curbs and sidewalk areas to avoid staining. Applications shall be made to turf the day following irrigation or a rain event when grass blades are dry. In areas where applicable, immediately after the fertilizer is applied, the sprinklers shall be activated to provide 1/4" of water to the soil's surface and to dissolve water-soluble particles. Following this watering, the controls shall be returned to automatic mode. Fertilizers containing iron shall be removed from curbs to avoid staining. Fire ant mounds shall be treated during each service visit to the facility. Fertilization: The number of applications shall be based upon BMP. Apply Ferrmec AC 15-0-0 plus 6% iron at one-third (1/3) gallon of material per one hundred (100) gallons of water to be added with each application of insecticide, fungicide, and herbicide. All fertilizer applications shall be granular slow-release. Use of BP for number of applications and rates. Broadcast application - Palms and trees as needed as required (0- 8 lbs) as required by size - granular only. No rings around palms. When it becomes necessary for the Contractor to return for additional spraying as directed by the Facilities Director or designee, due to non-performance of a required application, such shall be performed at no cost to the County. Nutrient deficiencies shall be treated with supplemental applications of the specific lacking nutrient according to University of Florida Cooperative Extension recommendations. Irrigation Systems: The Contractor shall report any broken sprinkler system parts or damage to County property found immediately to the Facilities Manager or designee for repair. If the vendor is responsible for broken systems or parts, the vendor is required to repair the damage at no charge to the County. The contractor shall inspect and test rain shut-off devices and other components and zones in the irrigation system monthly and shall reset zone times accordingly. Minor adjustments and repairs such as head/emitter cleaning or replacement, filter cleaning, re- aiming of heads to keep water out of the street, small leaks, and minor timer adjustments shall be made by the Contractor, with the County paying for parts and labor. The contractor, shall in perpetuity, allow for the application of 1/2 inch — 3/ inch of water per irrigation cycle. During regular service times, the Contractor will note and report to the County any symptoms of inadequate or excessive irrigation, drainage problems, etc. Irrigation maintenance does not include the specialty plant beds located around the University Extension Office. Page 16 of 23 16E1 Repairs or system service beyond the above scope will be charged to the County on a time and material basis for actual repairs only, not for the full monthly check if repairs are made at that time. The Contractor will notify the County of the nature of the problem before repairs are made. Trash Removal: With each service, all site areas shall be cleaned by removing all trash or debris to include, but not limited to: paper, bottles, cans, other trash, and horticultural debris. All debris or trash pickup shall be performed "prior" to mowing all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site at no additional cost to Collier County. Property Damage: Replacement of dead or injured plants due to Contractor negligence will be done without cost to the County. Miscellaneous Maintenance: Parking lots, driveways and medians must be inspected and cleaned of debris during a service week, by removing loose debris, such as glass, leaves, sticks, bottles, cans, paper, cigarette butts, etc. The area within two feet (2') from the outside of the curb on all curbed areas and median islands shall be swept during service to remove any accumulation of debris and to maintain a neat and safe condition. Plant beds shall have leaves and debris raked as needed to maintain a neat appearance. Special care must be given to not dirty or damage any County or personal vehicle. All debris or trash pickup shall be performed "prior" to mowing all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site, no onsite trash dumping in County containers. Horticulture debris shall be removed from the County Museum (main campus) as needed during Complex site visits. Work Orders: Facilities Management utilizes a work order system (Archibus \ FM Studios). Facilities Management will initiate work to be performed. Work orders will be submitted to the Contractor and must be performed within a seven (7) day time period, unless given further notice by Facilities. All work must be discussed and approved by the Facilities Manager or designee prior to work being performed. All work orders must be returned to the Facilities designee with an explanation of work performed. Locates required prior to work being performed if work is six (6) inches in depth. Materials: If a time and materials quote is requested, materials purchased shall be reimbursed at cost plus applicable mark-up. The Contractor shall provide documentation of the cost for materials (i.e., invoices) for all items with the extended price of five hundred ($500.00) or more. Permits, Licenses and Taxes: In accordance with Section 218.80 F. S., all permits and licenses necessary for performance of the work shall be identified and obtained by the Contractor. All permit fees levied by Collier County shall be paid for by the using department/division. If Contractor Page 17 of 23 16E1 performs any work without obtaining, or contrary to such permits or licenses, Contractor shall bear all costs arising there from. Equipment: If a time and materials quote is requested, the Contractor shall own or lease and have in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks for routine service at no additional charge to the County. Should "specialty equipment" be needed for non-routine work, the Contractor may rent equipment and charge back to the County "at cost", with no markup. Equipment rentals must be approved prior to commencement of work and shown on all proposals. Projected Timetable: The Facilities Manager or designee will contact the Contractor and request a written quote to complete a specific job outside of monthly quoted landscape services. The Contractor shall respond by delivering to the Facilities Manager or designee a written quote pursuant to the Price Methodology set forth in Section 4.1 of the Agreement and a specified length of time, in calendar days, needed to complete the work. The Facilities Manager or designee shall be in receipt of this proposal within three (3) business days of the original request. If the quote is accepted by the County, Facilities Management will give to the Contractor a "Notice to Proceed" which may be in the form of a formal letter, written email, a P.O., or a P.O. number if referencing a "blanket P.O.". All County work above $5,000 will have a vendor supervisor on-site. All work under the $5,000 threshold shall have a (Contractor) supervisor on-call. Contractor Performance Collier County's Mission Statement is to "Exceed Customer's Expectations". At time of acceptance of the contract, the Contractor will assume this mission statement as an integral part of the contract and strive in every way possible to achieve this goal. The Contractor shall provide a phone list where the Project Manager or his designated representative can be contacted immediately in the event of unsatisfactory performance or in an emergency. The phone list shall include phone numbers where the Contractor can be reached during both business hours and non-business hours. The County shall be able to reach the Contractor at any time in case of an emergency. The County shall be considered a "prime contract" and all necessary resources shall be directed to this contract enabling the County to continue to function during any emergency or natural disaster. The Contractor is not allowed to employ illegal immigrants to perform grounds services or any other services in County facilities or in connection with the contract. Please provide, upon award of the contract, certification stating the above. The County has the right to review the supporting documentation and validate the certification. Vendor will provide this documentation to the County, free of charge, at the request of the County. Page 18 of 23 O 1 6 E 1 Non-Performance: In the event the Contractor fails to perform any required service within the time schedule under this contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such performance, per occurrence, from the Contractor's monthly payments according to the following penalization rate schedule when non-compliance occurs. Contractor will be notified in writing by the contract manager of such infraction. Mowing w/dull blades leaving clumps of $200/day per site grass Weeding not done as required $100/day per site Hedges not trimmed as required $100/day per site Debris/Litter not removed $100/day Edging not done as required $200/day Incomplete Mulching as specified $250/site Palm "Tropical Cut" incomplete $250/tree Any scheduled service $200/day per site The Contractor may be exempt from this provision if the Facilities Manager or designee grants such exemption, in writing, prior to any delays caused by the County, or as a result of an Act of Nature. It is the County's intent to have all tasks performed satisfactorily and completed in accordance with the specifications and frequencies set forth under the contract. It is important that the Contractor perform all tasks as prescribed. If any tasks are omitted or not performed satisfactorily and completely and with the frequency designated by the contract, the entire affected area as defined solely by the Facilities Manager or designee shall be found to be a non-performance area and the Deductions shall be utilized. The Deduction Schedule (see above) shall be used by the County in determining deductions for non-performance or deficiencies in work performed. These Deductions may be used (as distinguished from an estimate based on the Contractor's quoted price or cost) to determine the monetary amount that the County may deduct or recover from the Contractor under this agreement for failure to perform in accordance with the contract specifications. A set amount determined, in accordance with the above Deduction Schedule, by the Facilities Manager or designee may also be used, one hundred dollars ($100.00) to two hundred fifty dollars ($250.00) per occurrence, per day, plus actual cost to correct violation. The County has the right to deduct from the Contractor's monthly invoice for non-performance or deficiencies using the Deduction Schedule regardless of whether the County has the deficient work completed using other personnel. Contractor will be notified in writing by the Facilities Manager or designee of such infraction. Page 19 of 23 1 6 E 1 Site Locations Approximate Area: It was the Contractors responsibility to measure the acreage at the time the Contractor provided the proposal. The County will not accept requests for price increases due to the Contractor not verifying the acreage and not being fully informed as to the scope of services required. All acreage includes the right-of-way beyond any sidewalk. The locations for each area are set forth in Exhibit B. Notes: • Main Government Complex — excludes the interior grounds of the Collier County Main Campus Museum. • The Old Golden Gate Branch Library is herein referred to as the Golden Gate Senior Center located at 4898 Coronado Parkway, Naples, FL. • Marco Island Tax Collector's is located at 1040 Winterberry, Marco Island, FL. • Immokalee Emergency Services Center and Rear Field is located at 106-112 South First Street, Immokalee, FL. • University Extension Office — does not include specialty plant beds surrounding the building. • Immokalee Domestic Animal Services is located at 405 Stockade Road, Immokalee, FL. • Supervisor of Elections Building is located at 3750 Enterprise Ave, Naples, FL and is included in this Agreement. • EMS #90 located at 175 Isles of Capri, Isles of Capri, FL was removed from this Agreement. • Property Appraiser is now located at 3950 Radio Road, Naples, FL. • 1800/1812 Danford St (duplex) located at 1800/1812 Danford St, Naples, FL is included in this Agreement. • EMS #76 located at 790 Logan Blvd N, Naples, FL is included in this Agreement. • CCSO SGU / EMS #21 located at 11121 Tamiami Trail E, Naples, FL is included in this Agreement. • Van Buren Vacant Lot located at 2605 Van Buren, Naples, FL is not included in this Agreement and may be added at a later time. Reporting to Sites: Prior to the start of work, the Contractor will report to the office on site unless otherwise directed. Upon arriving at a job site, the service provider shall immediately survey the area to remove all litter, glass, rocks, dead foliage, metal, branches, palm fronds or other debris subject to becoming a projectile if engaged by a mower. Page 20 of 23 16E1 Exhibit B Contractor's Bid Proposal Hannalla Landscaping and• Initiation, Inc: Item Location ;'Address Monthly.Cost ,; .Annual Cost Section 1: Routine Sites 1 Main Government Complex 3335 Tamiami $ 16,500.00 $ 198,000.00 Trail E 2 Naples Regional Library 650 Central $ 850.00 $ 10,200.00 Avenue 3 Vanderbilt Branch Library& Nature 788 Vanderbilt $ 750.00 $ 9,000.00 Areas Beach Road 4 Golden Gate Senior Center 4898 Coronado $ 525.00 $ 6,300.00 Parkway 5 Golden Gate Library 2432 Lucerne $ 500.00 $ 6,000.00 Road 6 Marco Island Branch Library 210 S $ 725.00 $ 8,700.00 Heathwood, MI 7 Golden Gate Estates Branch Library 1266 Golden $ 750.00 $ 9,000.00 Gate Parkway 8 East Naples Branch Library 8787 Tamiami $ 550.00 $ 6,600.00 Trail E 1 9 Immokalee Branch Library 417 N 1st St $ 650.00 $ 7,800.00 10 Headquarters Library 2385 Orange $ 1,150.00 $ 13,800.00 Blossom Dr 11 South Regional Library 8065 Lely $ 950.00 $ 11,400.00 Cultural Pkwy 12 GMD - P&R 2800 Horseshoe $ 900.00 $ 10,800.00 N 13 GMD - C&M 2885 Horseshoe $ 900.00 $ 10,800.00 S 14 CID Building 2373 Horseshoe $ 900.00 $ 10,800.00 E 15 CCSO Special Ops 250 Patriot Way $ 650.00 $ 7,800.00 16 Supervisor of Elections 3750 Enterprise $ 950.00 $ 11,400.00 Ave 17 Golden Gate Emergency Services 4741 Golden $ 520.00 $ 6,240.00 Center Gate Pkwy 18 Golden Gate Government Center 4715 Golden $ 475.00 $ 5,700.00 Gate Pkwy 19 Golden Gate Sheriffs Substation 4707 Golden $ 525.00 $ 6,300.00 Gate Pkwy 20 North Naples Emergency Services 776 Vanderbilt $ 750.00 $ 9,000.00 Center Beach Rd 21 North Naples Government Center 2335 Orange $ 650.00 $ 7,800.00 Blossom Dr 22 Harbor Road Site (two areas) Parcel $ 400.00 $ 4,800.00 #70920600002 23 Rosemary Cemetery 1000 Pine Ridge $ 375.00 $ 4,500.00 Road Page 21 of 23 16E1 24 Naples Depot 1051 5th Ave S $ 750.00 $ 9,000.00 25 EMS#3- MedFlight 2375 Tower Drive $ 425.00 $ 5,100.00 26 EMS#10 14756 $ 425.00 $ 5,100.00 Immokalee Rd 27 EMS#24 2795 Airport Rd $ 625.00 $ 7,500.00 N 28 EMS#71 95 13th St SW $ 525.00 $ 6,300.00 29 EMS#75 4590 Santa $ 650.00 $ 7,800.00 Barbara 30 Everglades Museum 105 Broadway $ 525.00 $ 6,300.00 Ave W 31 Everglades Sheriffs Substation 32020 Tamiami $ 450.00 $ 5,400.00 Trail E 32 Marco Island Historical Museum 180 S. $ 950.00 $ 11,400.00 Heathwood, MI 33 Marco Island Sheriff Substation 990 Barfield Dr N $ 525.00 $ 6,300.00 34 Marco Island Tax Collector 1040 Winterberry $ 450.00 $ 5,400.00 35 Road & Bridge 4800 Davis Blvd $ 750.00 $ 9,000.00 36 Motor Vehicle Building 725 Airport Rd N $ 850.00 $ 10,200.00 37 Property Appraiser 3950 Radio Road $ 1,150.00 $ 13,800.00 38 Fleet Management 2901 County $ 880.00 $ 10,560.00 Barn 39 CCSO Fleet 2885 County $ 780.00 $ 9,360.00 Barn 40 Domestic Animal Services 7610 Davis Blvd $ 850.00 $ 10,200.00 41 Cat Facility (Radio Road) 8300 Radio Road $ 750.00 $ 9,000.00 42 Emergency Services Center 8075 Lely $ 850.00 $ 10,200.00 Cultural Blvd 43 Immokalee Government Center 106 S 1st St $ 650.00 $ 7,800.00 44 Immokalee Emergency Services Center 112 S 1st St $ 550.00 $ 6,600.00 & Rear Field 45 Roberts Ranch and Grove Area 1215 Roberts $ 1,150.00 $ 13,800.00 Ave W 46 Immokalee Health Services & Rear 419 N 1st St $ 675.00 $ 8,100.00 Area 47 University Extension Office 14700 $ 950.00 $ 11,400.00 Immokalee Road 48 Immokalee Domestic Animal Services 405 Sgt Joe $ 550.00 $ 6,600.00 Jones Road 49 Immokalee Code Enforcement 310 Alachua St $ 550.00 $ 6,600.00 50 Immokalee Jail (perimeter only) Sgt Joe Jones $ 525.00 $ 6,300.00 Road 51 Immokalee Vacant Lot(next to $ 250.00 $ 3,000.00 EMS/SO) 52 1973 Bay Street 1973 Bay Street $ 250.00 $ 3,000.00 53 2015 Bay Street 2015 Bay Street $ 250.00 $ 3,000.00 54 Bay Street-Vacant lot 1987/2001 Bay $ 250.00 $ 3,000.00 St 55 21 Street House 790 21st St N $ 350.00 $ 4,200.00 56 1800/1812 Danford St (duplex) 1800/1812 $ 425.00 $ 5,100.00 Danford St 57 Ochopee Fire 40808 Tamiami $ 350.00 $ 4,200.00 Trail E Page 22 of 23 16E1 58 EMS#76 790 Logan Blvd $ 550.00 $ 6,600.00 N i 59 CCSO SGU/EMS#21 11121 Tamiami $ 780.00 $ 9,360.00 Trail E ROUTINE'.SITE3:TOTAL .S'•`S4, AM ; . 549e320-00 Section 2: Hourly Rates/Markups-This section only applies to additional services(Item 60-66). When obtaining quotes / proposals for additional services the rates in Section 2 herein may be used; however, the rates will only be required if a time and materials quotation is requested. Compliance to this schedule will not be required in the event a lump sum quote is requested and accepted. Item Description Unit of Subtotal Measure 60 Mark-up on cost of all landscape plant materials % over cost 25% 61 Mark-up cost of non-plant materials (such as irrigation % over cost 25% parts and controls, etc.) 62 Mark-up of subcontractor costs % over cost 15% 63 Hourly rate-Supervisor per hour $ 65.00 64 Hourly rate- Irrigation Supervisor per hour $ 65.00 65 Hourly rate- Installation Supervisor per hour $ 65.00 66 Hourly rate-Worker per hour $ 55.00 Page 23 of 23 16E1 FIRST AMENDMENT TO AGREEMENT #16-6555 FOR • GROUND MAINTENANCE FOR FACILITIES MANAGEMENT DIVISION THIS AMENDMENT, made and entered into on this day of S3 / ri.49 // 2018, by and between Hannula Landscaping & Irrigation, Inc., authorized to do business in the State of Florida, whose business address is 7050 Pennsylvania Street, Fort Myers, Florida 33912 (the "Contractor") and Collier County,a political subdivision of the State of Florida,(the "County" or"Owner"): • WHEREAS, on June 14, 2016 (Agenda Item 16.E.6), the County entered into an Agreement with Contractor to maintain Collier County Sites for grounds maintenance and landscaping with an expected annual cost of$650,000; WHEREAS, the parties desire to amend the Agreement to 1) replace Exhibit B in its entirety to reflect the removal and/or addition of site locations previously and administratively approved with a total increase of$16,800 annually and 2) to change Exhibit B title from Contractor's Bid Proposal to Site Locations. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Exhibit B is hereby replaced in its entirety. 3. Except as modified by this extension, all other terms and conditions of the Agreement shall remain the same. SIGNATURE PAGE TO FOLLOW **Remainder of this page left blank intentionally** • Page I of 4 1. 6E 1 IN WITNESS WHEREOF, the parties hereto,have each, respectively, by an authorized person or agent, have executed this Amendment on the date and year first written above. CONTRACTOR BOARD OF COUNTY COMMISSIONERS HANNULA LANDSCAPING & COLLIER COUNTY,FLORIDA IRRIGATION,INC. if BY: f1 / BY: ' Signature Y � � � ,,"r.�--� y ,✓" Edward F. Coyman Jr., / Director of Procurement Services Division bakk,f. 6\ii0vd ()Izeil levk 7- 7- tRoif tType/print signature and titlet Date Date Contract« . Witne ses. ./1L ��', JIA rov d as to rm nd Legality: fitness rw - n 01--- tType/ 'pt wi s nameT Deputy County Attorney c -eoiid Wi hes Print Name . -to. TType/print witness nameT I t Page 2 of q 16E1 Exhibit B SITE LOCATIONS _ Hannula Landscaping and _ __ _� _ _ Irrigation, Inc. Item# Location Address) Monthly Cost Annual Cost Section 1: Routine Sites __ __ 1 Main Government Complex 3335 Tamiami Trail E $ 16 500,00 $_*_198,000.00 2 ._ Naples Regional Library 650 Central Avenue $ 850.00 $ 10 200.00 3 Vanderbilt Branch Library& Nature 788 Vanderbilt Beach $ 750.00 $ 9,000.00 __Areas Road 4 Golden Gate Senior Center 4898 Coronado $ 525.00 $ 6,300.00 _ ---___--- Parkway 5 Golden Gate Librar 2432 Lucerne Road $ 500.00 $ 6,000.00 6 Marco Island Branch Librar 210 S Heathwood, MI $ 725.00 $ 8,700.00 7 Golden Gate Estates Branch 1266 Golden Gate $ 750.00 $ 9,000.00 1 Library Parkway 8 East Naples Branch Library 8787 Tamiami Trail E $ 550.00 $ 6,600.00 9 Immokalee Branch Librar 417 N 1st St $ 650,00 $ 7,800.00 10 Headquarters Library 2385 Orange Blossom $ 1,150.00 $ 13,800.00 Dr 11 South Regional Library 8065 Lely Cultural $ 950.00 $ 11,400.00 Pkw 12 GMD -P&R 2800 Horseshoe N $ 900.00 $ 10,800.00 13 ry GMD -C&M 2885 Horseshoe S $ 900.00 $ 10,800.00 14 CID Building 2373 Horseshoe E $ 900.00 $ 10 800.00 15 CCSO Special Ops 250 Patriot Wa $ 650.00 $ 7,800.00 16 Supervisor of Elections 3750 Enter arise Ave $ 950.00 $ 11 400.00 j 17 Golden Gate Emergency Services 4741 Golden Gate $ 520.00 $ 6,240.00 Center Pkwy_ _ 18 Golden Gate Government Center 4715 Golden Gate $ 475.00 $ 5,700.00 1 Pkwy 19 Golden Gate Sheriff's Substation 4707 Golden Gate $ 525.00 $ 6,300.00 Pkwy 20 North Naples Emergency Services 776 Vanderbilt Beach $ 750.00 $ 9,000.00 Center Rd 21 North Naples Government Center 2335 Orange Blossom $ 650.00 $ 7,800,00 Dr 22 Harbor Road Site two areas Parcel#70920600002 $ 400.00 $ 4,800.00 23 Rosemary Cemetery _ 1000 Pine Ridge Road $ 375.00 $ 4,500.00 24 Naples Depot 1051 5th Ave S $ 750.00 $ 9,000.00 25 EMS#3- MedFligtl__,._ 2375 Tower Drive $ 425.00 $ 5,100.00 26� EMS #10 14756 Immokalee Rd $ 425,00 $ 5,100.00 27 -- _EMS #24 __ 2795 Airport Rd N $ 625.00 $ 7,500.00 28 EMS #71 95 13th St SW $ 525.00 $ 6,300.00 29 EMS #75 4590 Santa Barbara $ 650.00 $ 7 800.00 30 Ever•lades Museum 105 Broadwa Ave W $ 525.00 $ 6,300.00 31 Everglades Sheriff's Substation 32020 Tamiami Trail E $ 450.00 $ 5,400.00 32Marco Island Historical Museum 180 S. Heathwood, MI $ 950.00 $ 11 400.00 33 Marco Island Sheriff Substation 990 Barfield Dr N $ 525.00 $ 6,300.00 34 _Marco Island Tax Collector 1040 Winterberr $ 450.00 $ 5,400.00 Page 3 of 4 ft '; ` 16E1 35 Road & Bridge 4800 Davis Blvd $ 750.00 $ 9,000.00 36 _Motor Vehicle Building 725 Airport Rd N $ _ 850.00 $ 10,200.00 37 __ Property Appraiser 3950 Radio Road $ 1,150.00 $ 13,800.00 38 Fleet Management _ 2901 County Barn $ 880.00 _ $ 10,560.00 39 CCSO Fleet 2885 County_Barn $ 780.00 $ 9,360700 40 Domestic Animal Services 7610 Davis Blvd $ 850.00 $ 10,200.00 41 Cat Facility (Radio Road) 8300 Radio Road $ 750.00 $ 9,000.00 42 Emergency Services Center 8075 Lely Cultural Blvd $ _ 850.00 $ 10,200.00 43 Immokalee Government Center 106 S 1st St $ 650.00 $ 7,800.00 44 Immokalee Emergency Services 112 S 1st St $ 550.00 $ 6,600.00 Center& Rear Field 45 __Roberts Ranch and Grove Area 1215 Roberts Ave W $ 1 150.00 _ $ 13,800.00 46 Immokalee Health-Services & Rear 419 N 1st St $ . 675.00 $ 8,100,00 Area ! 47 University Extension Office 14700 Immokalee $ 950.00 * $ 11,400.00 Road 48 Immokalee Domestic Animal 405 Sgt Joe Jones $ 550.00 — $ 6,600.00 Services Road _ 49 Immokalee Code Enforcement 310 Alachua St $ 550.00 $ 6,600.00 50 Immokalee Jailjperimeter only_) Sgt Joe Jones Road $ 525.00 $ 6,300,00 51 Immokalee Vacant Lot (next to $ 250,00 $ 3,000.00 EMS/SO) 52 1973 Bay Street 1973 Bay Street $ 250.00 $ 3,000.00 53 2015 Bay Street 2015 Bay Street _ 250.00 $ 3,000.00 54 Bay Street--Vacant lot 1987/2001 Bay St $ 250.00 $ 3,000,00 55 21 Street House 790 21st St N $ 350.00 $ 4,200.00 56 1800/1812 Danford St (duplex) 1800/1812 Danford St $ 425.00 $ 5,100.00 57 Ocholaoo Fire 40808-T-amianai Trail E $ 350:00 -$--21,200,00 58 EMS #76 790 Logan Blvd N $ 550.00 $ 6,600.00 59 CCSO SGU/EMS#21 11121 Tamiami Trail E $ 780.00 $ 9,360.00 60 CCSO Orangetree(Sheriff 14756 Immokalee Rd $ 1,200.00 $ 14,400.00 Substation) 61 Immokalee Road & Bridge 415 Sgt Joe Jones $ 550.00 $ 6,600.00 Road R 11TIE SITES TOTAL. $3,=65;51000 .6; 046 90-bi Section 2: Hourly Rates/Markups -This section only applies to additional services(Item 60-661. When obtaining quotes / proposals for additional services the rates in Section 2 herein may be used; however, the rates will only be required if a time and materials quotation is requested. Compliance to this schedule will not be required in the event a lump sum quote is requested and accepted. Description Unit of Subtotal —-_ _ _ Measure Mark-up on cost of all landscape plant materials % over cost 25% Mark-up cost of non-plant materials (such as irrigation % over cost 25% parts and controls, etc.) ___ _._Mark-up of subcontractor costs % over cast 15% Hourly rate -Supervisor per hour __ $ 65.00 Hourly rate- Irrigation Supervisor per hour $ 65.00 Hourly rate- Installation Supervisor per hour $ 65.00 _m Hourly rate-Worker _ _w _per hour $ 55.00 _ Page 4 of 4 16E1 SECOND AMENDMENT TO AGREEMENT#16-6555 FOR GROUND MAINTENANCE FOR FACILITIES MANAGEMENT DIVISION THIS AMENDMENT, made and entered into on this S TIL day of ,O c eiy6e2 2018, by and between Hannula Landscaping & Irrigation, Inc., (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or"Owner"): WHEREAS,on June 14,2016(Agenda Item 16.E.6), the County entered into an Agreement with Contractor to maintain Collier County Sites for grounds maintenance and landscaping with an expected annual cost of$650,000; and WHEREAS, on September 7, 2018, the County administratively approved a First Amendment to Agreement with Contractor to: (1) replace Exhibit "B" in its entirety to reflect the removal and/or addition of site locations previously and administratively approved with a total increase of $16,800 annually, and (2) to change Exhibit "B" title from Contractor's Bid Proposal to Site Locations; and WHEREAS, the parties desire to further amend the Agreement to add Exhibit B-IA- Temporpary Site Locations, to provide services at two Collier County Water-Sewer District(CCWSD) locations not to exceed$47,085.52. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1, The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Exhibit B-lA is hereby incorporated into the Agreement. 3. Except as modified by this extension, all other terms and conditions of the Agreement shall remain the same. SIGNATURE PAGE TO FOLLOW **Remainder of this page left blank intentionally** Page laf3 16E1 IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized person or agent,have executed this Amendment on the date and year first written above. CONTRACTOR BOARD OF COUNTY COMMISSIONERS HANNULA LANDSCAPING& COLLIER COUNTY,FLORIDA IRRIGATION,INC. (--. . /ih--.--- By '4°11°1.9 ..7-::- / By: ........00,4 Signature Edward F. Coyman Jr. Director of Procurement Services Division V)o.t�F. 14v,NN.tiI.‘ fiLly,Lik /6/ - S- avg. 1'Type/print signature and titlel' Date NeL Q r. .i g.3� ctS Date Ii l ontractor'sW. sses: � e6, — `�CiYy-- ppr v as to and Legality: first Witness 4-4,,,, L `"Debra ` + 1lte"G� k.... T -ype/pr:+ 11' namet Deputy ounty Attorney WWI" ,,,f 6.? -r..,L e +,1 I ePrint -C.1- . -`rt Name ''Type/print witness namet 0 Page 2 of 3 16E1 Exhibit B-1A TEMPORARY SITE LOCATIONS Item# Location Address Monthly Cost Collier County Water-Sewer District 1 South County Water Reclamation Facility 5600 Warren Street, Naples, FL $ 11,998.84 (SCWRF) 34113 2 SCWRF Preserve at Eagle Lakes 11573 Tamiami Trail E, Naples $ 5,544.50 FL 34113 Contractor will only provide the services during the time frame as indicated on the issued work order and not to exceed $47,085.52. Page 3 of 3 I6E1 Co ger County Administrative Services Department Procurement Services Division 1/31/18 Dale Hannula,President Hannula Landscaping&Irrigation,Inc. 28131 Quftls Nest Lane Bonita Springs,FL.34135 Via Email: dhannula '7a.hannulaianscapino.com RE: Contract Renewal for# 16-6555"Ground Maintenance for Facilities Management Division" Dear Mr. Hannula: Collier County would like to renew the above contract under the same terms and conditions for an additional one(1)year period in accordance with the renewal clause in the contract. If you are agreeable please indicate your intentions by providing the information requested below and executing the acceptance section: I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. The following attached documentation must be provided with your response. • An updated and current insurance certificate I am not agreeable to the renewal of this contract. By executing the section below, this contract will be in effect from 6114/18 until 6/13/19. Acceptance of Contract Renewal Company Name q Abe / NN i�f ei.-I-1 �vd.G 17t.�t rv.E Abe JA-t- m", frt Company Signature Print Name nlc� F. WvtivN01 Signature Date Fc$00..ovn ps, 0101g 011 le10)4,111 r Proarement Seivices Dimon•3295 Tamara!Trail East•Naples,Florida 341124901•www.00tirergov nettprocurernentse!vice: 16E1 Page 2 of 2 RE; Contract Renewal for#16-6555 "Ground Maintenance for Facilities Management Division" Updated Contact Information (Only if addressee information on the first page is incorrect) Contact Name ko nIV Telephone Number6()G FAX Number 9,191 Email Address 1 �ar.itJ. # t rtr�NnrvitP Ia\ Car,-V3t CO 7I Collier County Procurement Services is pleased to announce, it has partnered with BidSync to provide Free web-based Bidding services to its vendors,suppliers and contractors. We are now"live on the new bidding platform. Register today at www.bidsync.com. For Registration Assistance,please contact BidSync customer service at 800-990-9339 Or email: support bidsync.com Please return this letter to the Procurement Services Division with your response and insurance certificate no later than 2112/18.You may email your response to:email renewalsCa?_colliergov.net. If you have any questions you may contact me at 239-252-8407. Respectfully, sandraherrera @colliergov.ne o..mwu+ecn am Sandra Herrera Procurement Contract Manager—Procurement Services Division C: Mina Gonzalez/Facilities Management