HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-006Temp. Reso. # 12582
January 28, 2015
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015 (96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AWARDING BID NO. 14-25B TO
AND APPROVING AN AGREEMENT WITH PRESTIGE
PROPERTY MANAGEMENT, INC., PER BID NO. 14-25B)
FOR LANDSCAPE MAINTENANCE SERVICES OF CERTAIN
PUBLIC RIGHTS -OF -WAY AND CITY PARKS; BASED ON
ESTABLISHED CONTRACT FIXED UNIT PRICES;
AUTHORIZING AN APPROPRIATION OF $230)042.61;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission deem it to be in the best interest of the
citizens, residents, and businesses of the City of Tamarac to maintain City Rights -of -Way,
Public Parks, and other green spaces around City Facilities through proper landscape
maintenance services provided in a cost-effective and efficient manner; and
WHEREAS, on November 3, 2014, the City of Tamarac published Bid No. 14-25B
for Citywide Landscape Maintenance Services; and
WHEREAS, on November 20,2014, the City of Tamarac held a mandatory Pre -Bid
Conference for potential submitters, which was attended by three (3) firms; and
WHEREAS, on December 3, 2014, two (2) bids were opened and reviewed in order
to determine cost and responsiveness to the City's technical specifications, a bid tabulation
is attached hereto as "Exhibit 1 ", incorporated herein and made a specific part of this
Resolution; and
Temp. Reso. # 12582
January 28, 2015
Page 2
WHEREAS, during the review process of bid submittals, City Staff determined
Superior Landscaping and Lawn Services, Inc. submitted a price proposal which included
items significantly lower than deemed reasonable for key services; and
WHEREAS, City Staff requested Superior Landscaping and Lawn Services, Inc. to
re -review the Scope of Work and their price proposal; and
WHEREAS, the President of Superior Landscaping and Lawn Services, Inc. advised
the City that their submittal included two (2) major math errors in their pricing for Mowing
and Hedge Trimming; and
WHEREAS, Superior Landscaping and Lawn Services, Inc. requested a withdrawal
without prejudice of their bid submittal due to pricing errors in their response; and
WHEREAS, upon review of proposals by City staff, it was determined Prestige
Property Management, Inc., submitted the lowest responsive and responsible bid and,
meets the minimum experience requirements for the project; and
WHEREAS, the City has identified additional City -owned property which would be
cost-effective to be maintained by Prestige Property Management, Inc.; and
WHEREAS, it is the recommendation of the Public Services Director, the Financial
Services Director, and the Purchasing and Contracts Manager that the appropriate City
Officials award Bid No. 14-25B and execute an Agreement Prestige Property Management,
Inc., for the Citywide Landscape Maintenance Services, attached hereto as Exhibit "2",
incorporated herein and made a specific part of this resolution; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best
interest of the citizens and residents of the City of Tamarac to execute the Agreement for
Temp. Reso. # 12582
January 28, 2015
Page 3
Citywide Landscape Maintenance Services with Prestige Property Management, Inc.;
based on established fixed unit prices as required for actual services performed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1:
The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof. All Exhibits attached hereto are hereby incorporated herein and
made a specific part of this resolution.
SECTION 2:
The City Commission HEREBY awards Bid No. 14-25B to
Prestige Property Management, Inc., and approves an Agreement between the City of
Tamarac and Prestige Property Management, Inc., ("the Agreement") and the appropriate
City Officials are hereby authorized to execute the Agreement, hereto attached as "Exhibit
2", to provide Citywide Landscape Maintenance Services based on established fixed unit
prices as required for actual services performed.
SECTION 3--
An appropriation in the amount of $230,042.61, for the
additional annual cost of the Citywide Landscape Maintenance Services, will be included in
a budget amendment, pursuant to F.S. 166.241(2), is HEREBY authorized.
SECTION 4:
If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in
part or application, it shall not affect the validity of the remaining portions or applications of
this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
Temp. Reso. # 12582
January 28, 2015
Page 4
passage and adoption.
PASSED, ADOPTED AND APPROVED this a' F day of ,2015.
HArRRY DRESSLER
MAYOR
ATTEST:
PATRICIATEUF=L,
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
14-25B Tamarac Citywide Landscape Maintenance
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Purchasing and Contracts Di'vision
City of Tamarac
AGREEMENT
BETWEEN THE. CITY OF, TAMARAC
AL
' AND
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PRESTIGE PROPERTY MAINTENANCE, INC.
THIS AGREEMENT is made and entered into this „ day of , 2016
b and between the City of Tamarac, a municipal corporatio ith principaloffices
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' located at �725 Nai1l. 88th Ave., Tamarac, FL 33321 (the "CITY") and Prestige
Property Management, Inc.,, a Florida corporation with principal offices located at 3300
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SW 46th Ave., Davie,: FL 33314 (the'"Contradtor) to provide for Citywide Landscape
Maintenance.
Now therefore in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The Contract ` Documents consist- of this Agreement, Bid Document. No.14.2513,
includin all Conditions therein, (G'eneraJ'Terms and Conditions, Special Conditions
9
and/or Special;_,, Provisions), drawings, Technical Specifications, all addenda, the
Contractor's bid/proposal included herein, and all modifications issued after execution of
this Agreement. These contract documents form the Agreement, and all are as fully a
part of the Agreement as if attached to this Agreement or repeated therein. In the event
that there is a conflict between 14-25B as issued by the City, and the Contractor's
Proposal, 14-25B as issued by the City shall take precedence over the Contractor's
Proposal. Furthermore, in the event of a conflict between this document and any other
Contract Documents, this Agreement shall prevail.
2) Term
2.1 Performance Probation Period: The Contractor shall enter into a Ninety (90)
day probationary period beginning on the date of the execution of this
Agreement. During this time City staff will closely scrutinize the Contractor's
performance.- If the performance is acceptable, the Contractor will be notified
and the Agreement. will extend through the expiration date this Agreement.
The City has the right to terminate the contract during the probationary
period with or without cause, and this right shall be solely at the discretion of
the City.
2.2 Contract Term: The Term of the Agreement shall be for a three (3) year
period. Work shall commence on or after Board contract execution and
receipt of stipulated Payment and Performance Bonds. City shall issue a
Notice to Proceed to commence work.
1 Agreement
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City of Tam€oro% Purchasing and Contracts Division
2.3 Option (Extension): City shall have the option to extend the term of the
Agreement on 'a month -to -month basis upon thirty (30) days written notice
to the Contractor.
14 Renewal Term: " Ci reserves the right to renew the Agreement for an
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additional three (3) year term upon mutual written agreement between the
parties, successful vendor performance, and City's determination that
such renewal would be in its best interest.
3) The Work
3.1 The Contractor shall perform all work for the City required by the Contract
Documents as set forth below:,
11.1 Contractor shall furnish all labor, materials, and equipment
necessary to provide landscape maintenance to public right-of-
ways and/or medians within the corporate limits of the City at
specific locations as described in the schedule of prices included in
Bid Document 14-25B. attached hereto.
3.1.2 Contractor shall supervise the work force at all times to ensure that
all workers conduct themselves and perform their work in a safe
and professional manner. Contractor shall comply with all OSHA
safety rules and regulations in the operation of equipment and in
the performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
3.1.3 Contractor shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during
the term of this Agreement, which are applicable to the Contractor,
its employees, agents or sub -contractors, if any, with respect to the
work and services described herein.
3.2 Regorts: The Contractor shall be provided with a checklist to be filled out
and returned to the Public Services Department after each grounds
maintenance and/or irrigation operation. All maintenance operations and
dates they were performed shall be noted, and any repairs or damages
shall be described. No payment will be made unless all reports are
provided.
3.3 Schedule: Contractor shall provide a weekly schedule of daily activities to
City's Landscaping Supervisor ahead of time.
14 Time Limits: All maintenance shall be performed in accordance with
Contractor's approved time schedule, to be mutually agreed upon by the
City and Contractor after Notice of Award, and in accordance with the
requirements outlined in the Invitation for Bid.
2 Agreement
azy Of Tamorac Purchasing and Contracts Divis*
4) Rates, Records, Billing and Payment
4.1 Rates: The rates referred to in Article 5 shall be applied to services
performed by Contractor within service area. Contractor shall also receive
compensation for additional work performed as stated in Article 5. City
shall approve such additional work prior to its commencement.
4.1.1 The rates quoted are. to apply to any area annexed into the City.
4.1.2 Contractor shall work with City to resolve any unforeseen problems
that may arise during the term of this Agreement. This includes, but
is not limited to, providing extra crews and equipment in times of
emergency.
4.2 Records: Contractor agrees to maintain, at Contractor's principal office
listed in this Agreement, adequate books and records relating to the
performance of its obligation under this Agreement.
4.3 Billing: After each maintenance operation is complete, Contractor shall
request inspection by the City's supervisor, and sign -off on job ticket, to be
included with each monthly invoice. Contractor then shall submit a
monthly invoice on the first day of each month, itemizing all maintenance
items performed the previous month, with signed -off tickets attached. A
schedule of all maintenance items to be performed the following month
shall be submitted with the invoice noting dates, times and locations of
operations. The Public Services Department must be notified (5) days
prior to any change in scheduling to allow City staff to inspect sites for
scheduled maintenance. Written reports must be turned in to the Public
Services Department after each mowing operation on a checklist to be
provided to Contractor by City.
4.4 Payment: Payment will be made on a monthly basis in arrears, after all
services have been received, accepted, and properly invoiced. Invoices
must include the project name, bid number and purchase order number if
applicable. The City has up to thirty (30) days to review, approve and pay
all invoices after receipt. All payments shall be governed by the Florida
Prompt Payment Act, F.S., Part VII, Chapter 218. It is required that the
successful proposer have the capability to accept a Visa
Procurement/Credit card as a means of payment.
.3 Agreement
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�'� of �"a��orac ..........._.....a Purchasing and Contracts Division
5) Compensation, Schedules and Frequencies
The Contract Sum for the above work shall be for actual work completed as
authorized by the City. Contractor shall be paid for all services including labor at
the Unit Prices contained in Appendix "A" herein titled "Bid Schedule" for
Citywide Landscape Maintenance.
6) Contractor's Local Office
6.1 Office/Manaaina. Aaent: Throughout the term of this Agreement, the
Contractor shall establish and maintain a local office or authorized
managing agent within Broward County and shall designate in writing
within ten (10) days of execution of this Agreement the agent upon whom
all notices may be served from the City. Service upon Contractor's agent
shall always constitute service upon the Contractor.
6.2 Hours of .Operation: Contractor's local office shall be open during
collection hours so that City may lodge complaints, requests for
information, and requests for service. At a minimum, the Contractor's local
office shall be available during the hours of 8:00 a.m. to 5:00 p.m., local
time, Monday through Friday. Landscape Maintenance operations shall
not begin prior to 7:30 a.m., as provided in the Invitation for Bid.
6.3 Staffin : Contractor's local office shall have a responsible person in
Charge during regular business hours, shall be equipped with sufficient
telephones, a local telephone number, and sufficient attendants to receive
telephone calls. Attendant(s) shall receive calls in a Courteous and polite
manner, record all complaints, and resolve all complaints in an expeditious
manner within the next business day
7) Performance Based Contracting Evaluation and Monitoring — Performance
Based Contracting
7.1 Satisfactory Service Required:
The City of Tamarac has embraced the concept of Performance Based
Contracting. 'Under this model of Performance Based Contracting,
satisfactory performance will result in the City's exclusive use of the
Contractor for all contractual purchases for the full period specified as the
contract term. Unsatisfactory performance by the Contractor shall result in
the Contractor's loss of -exclusivity. If, in the sole judgment of the City, the
Contractor is not providing satisfactory service, the exclusive contractual
relationship between City and Contractor may be terminated, without
penalty, by City at any time after it has purchased the guaranteed volume
4 Agreement
1C.-ity of TamoraC Purchasing and Contracts Division
of goods or services as specified in the Specifications/Statement of Work
herein. The principle of Performance Based Contracting, however, does
not negate the right of the City to terminate the contract under the
standard terms and conditions covering "contract termination" herein.
7.2 Use of supplemental Agreements
The City reserves the right to award additional agreements for Citywide
Landscape Maintenance Services after attainment of the minimum
contractual guarantee due to unsatisfactory performance by Contractor.
Awards may be made under this solicitation for a period of Ninety (90)
calendar days from contract award for landscape services, subject to
mutual agreement between the City and the applicable Contractor. City
shall attempt to award supplemental agreements to Bidders in sequential
fashion, beginning with the lowest priced responsive and responsible bid.
If supplemental Bidder is unwilling or unable to maintain pricing during the
(90) calendar day period, then City may award to the next higher
responsive supplemental Bidder. The award of subsequent additional
agreements under this solicitation could be required based on changes to
the City's requirements, or if the original Contractor fails to perform within
the expectations of the City. Please note that additional awards shall not
be made until the minimum contractual guarantee has been met, (90
calendar days), unless the original Contractor is defaulted for non-
performance during that period.
7.3 Right to Exclusivity
Upon passage of the guaranteed contract period, this Agreement shall
continue to remain in force; however future exclusivity under the Agreement
shall be contingent on the successful performance of the Contractor in
accordance with the specifications contained herein. The City shall continue
to utilize the Contractor exclusively, ' for the needs enumerated herein, if it is
determined that the Contractor is providing satisfactory performance under
the Agreement. Satisfactory performance shall be defined as follows:
7.3.1 Successful adherence to the requirements of this Agreement and
successful completion of all tasks required under the specifications in
a manner which is acceptable to the City.
7.3.2 The Contractor shall
provide a level of service
which shall
lead to
optimal satisfaction.
Complaints, including but
not limited
to poor
service, unacceptable follow-up, disputes relating to invoice
processing, etc. shall constitute unsatisfactory performance. More
than three (3) complaints per month will prompt a review of the
Contractor's performance, and may result in cancellation of the
exclusivity provision contained herein.
5 Agreerrent
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7.4 Contract Report Card:
The City shall formally evaluate Contractor on an ongoing basis during the
term of the Agreement. The Project Manager shall evaluate the Contractor
using a "Contract Report Card" evaluation document, which will evaluate the
Contractor's level of service. Evaluation criteria for the "Contract Report
Card" will be developed by the City, with input from the Contractor. The City
will periodically meet with the Contractor to discuss the results of the
"Contract Report Card" evaluation for that period. The Project Manager may
appoint a separate committee of contact stakeholders to individually submit.
"Contract Report Cards" for evaluations. The Contractor shall maintain an
average score of 70% or above. In the event that the score falls below 70%
for two successive quarters, the Contractor shall lose their rights to
exclusivity under the Agreement.
7.5 Performance
The City is sole judge of non-performance. Failure of Contractor to comply
with conditions, terms, specifications, and requirement of bid is just cause
for termination of the agreement. The City, in cooperation with the
successful Contractor, shall develop a "Contract Report Card", which will
be utilized by agency personnel in the evaluation of the Contractor's
performance. In the event that the Contractor does not receive a passing
evaluation, the Contractor will be provided with an opportunity to correct
any deficiencies within two (2) weeks after being notified of such
deficiencies. Failure to correct such deficiencies may result in the
Contractor's loss of its exclusive right to do business with the City.
8) Insurance
8.1 Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by City's Risk and Safety Manager before beginning work under
this Agreement including, but not limited to, Workers' Compensation,
Commercial General Liability, Builder's Risk and all other insurance as
required by City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the
life of this Agreement. Contractor shall provide to City's Risk and Safety
Manager certificates of all insurances required under this section prior to
beginning any work under this Agreement. The Contractor will ensure that
all subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement.
6 Agreement
8.2 Contractor shall indemnify and. hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City_ as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
9) Time of Commencement and Substantial Completion
9.1 The work to be performed under this Agreement shall be commenced
after City execution of the Agreement and not later than ten (10) days after,
the date that Contractor receives the City's Notice to Proceed.
9.2 During the entire contract time the parties agree to work diligently and in
good faith in performing their obligations hereunder, so that all required
permits for the scope of work may be obtained by City in accordance with
the Schedule included in the Contract Documents. In the event that any
delays in the scope of work occur, despite the diligent efforts of the parties
hereto, and such delays are the result of force majeure or are otherwise
outside of the control of either party hereto, then the parties shall agree on
an equitable extension of the time for substantial completion hereunder
and any resulting increase in general condition costs.
10) Remedies
10.1 Damages: The City reserves the right to recover any ascertainable
actual damages incurred as a result of the failure of the Contractor
to perform in accordance with the requirements of this Agreement,
or for losses sustained by the City resultant from the Contractor's
failure to perform in accordance with the requirements of this
Agreement.
10.2 Liquidated Damages: Failure to respond to requests by City within
twenty four (24) hours regarding inadequate maintenance
procedures, litter, limbs and other debris not removed will result in a
$250.00 a day deduction from the following payment application. In
addition, all debris, limbs and fronds will be picked up the same day
of pruning. The parties agree that damages consequent to a
breach of this section are not readily ascertainable at the time of
execution of this Agreement, and agree that $250.00 per day is an
amount proportionate to the cost incurred by the City as a result of
such breach. The parties agree that this amount is. not intended as
punitive damages.
10.3 Correction of Work: If, in the judgment of the City, work provided
by the Contractor does not conform to the requirements of this
Agreement, or if the work exhibits poor workmanship, the City
reserves the right to require that the Contractor correct all
Agreement
Purchasing and Contracts Division
deficiencies in the work to bring the work into conformance without
additional cost to the City, and / or replace any personnel who fail
to perform in accordance with the requirements of this Agreement.
The City shall be the sole judge of non-conformance and the quality
of workmanship.
10.4 Dispute Resolution: All disputes pertaining to this Agreement.
between the City and the Contractor shall be settled internally with
the appropriate City staff making the final determination and
through the following chain of command: 1) Landscaping Division
Supervisor; 2) Public Services Coordinator, 3) Public Services
Operations Manager, 4) Director of Public Services, and 5) City
Manager. The Purchasing and Contracts Manager shall be present
and included in all dispute resolution meetings pertaining to this
Agreement. In the event a dispute cannot be settled through the
chain of command set forth in this section, the dispute shall be
brought forward in a court of competent jurisdiction in accordance
with Article 12 of this Agreement.
11) Change Orders
11.1 Without invalidating the contract, without any monetary
compensation, and without notice to any surety, the City reserves
and shall have the right to make increases, decreases or other
changes to the work as may be considered necessary or desirable
to complete the proposed construction in a satisfactory manner.
The Contractor shall not start work pursuant to a change order until
the change order setting forth the adjustments is approved by the
City, and executed by the City and Contractor. Once the change
order is so approved, the Contractor shall promptly proceed with
the work.
11.2 The Contract Price and/or Time may only be changed by a Change
Order. A fully executed change order for any extra work must exist
before such extra work is begun. Any claim for an increase or
decrease in the Contract Price shall be based on written notice
delivered by the party making the claim to the other party promptly
(but in no event later than 15 days) after the occurrence of the
event giving rise to the claim and stating the general nature of the
claim. The amount of the claim with supporting data shall be
delivered (unless the City allows an additional period of time to
ascertain more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts to which the claimant is entitled
as a result of the occurrence of said event. No claim for an
adjustment in the Contract Price will be valid if not submitted in
accordance with this Paragraph.
8 Agreement
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11.3 In the event satisfactory adjustment cannot be reached by the City
and the Contractor for any item requiring a change in the contract,
and a change order has not been issued, the City reserves the right
at its sole option to terminate the contract as it applies to these
items in question and make such arrangements as the City deems
necessary to complete the work.
12) Indemnification
112.1 The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by, resulting
from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or
personal injury, or property damage solely attributable to the gross
negligence or willful misconduct of the City or its elected or appointed
officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during
the term of this Agreement, even though the claim may be made after the
termination hereof.
12.2 Nothing contained herein is intended nor shall be construed to waive
City's rights and immunities under the common law or Florida Statutes
768.28, as amended from time to time
13) Non -Discrimination & Equal opportunity Employment
During performance of Contract, Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. The Contractor will take affirmative action to ensure that
employees are treated during employment, without regard to their race, color, sex,
religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. Such actions must include, but not be limited to, the
following: employment, promotion; demotion or transfer; recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor shall agree to post in
conspicuous places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause. The Contractor further agrees that he/she will ensure that
Subcontractors, if any, will be made aware of and will comply with this nondiscrimination
clause.
9 Agreement,
01T. of Tamarac Purchosing ond Contracts Division
14) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance law. The
Contractor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Contractor's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business,
that it has made its own investment in its business, and that it will utilize a high level of
skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will
not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
15) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
16) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground=urier services, or by messenger
service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at .the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
10 Agreement
City of Tamarac Purchasing and Contracts Division
CONTRACTOR
Prestige Property Maintenance, Inc:
3300 SW 46 Avenue
Davie, FL 33314
(954) 584-3465
17) Termination
17.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the
terminating party to the other party for such termination in which event the
Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to
this termination.
17.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
18) Agreement Subject to Funding
This agreement
expenditures provided
Commission of the City
shall remain in full force and effect only as long as the
for in the Agreement have been
of Tamarac in the annual budget
Agreement, and is subject to termination based on lack of fu
19) Venue
appropriated bytheCity
for each fiscal year of this
riding.
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
20) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
21) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
11 Agreement
City of Toraroc........ w........................................... ..... ..._......,.,Purrf�asino and��r�tructs Division
�.
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
22) Uncontrollable Circumstances
22.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
22.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
23) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and
the City, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or .amended only by a written
document executed by both the Contractor and the City.
24) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that .this Agreement results
from the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any proceedings
or disputes connected with, arising out of, or involving this Agreement.
12 Agreement
City of Tamarac Purchasing and Contracts Division
26) Contingent Fees
Contractor warrants it has not employed or retained any company or person, other
than a bona fide employee working solely for Contractor to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for.Contractor, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement.
26) Public Records
26.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes.
The Contractor shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
26.1.1 Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
26.1.2 Provide the public with access to such public records on the same terms s
that the City would provide the records and at a cost that'does not exceed
that provided in chapter 1191 Fla. Stat., or as otherwise provided by law;
26.1.3 Ensure that public records that are exempt or that are confidential and
exempt from public record requirements are not disclosed except as
authorized by law; and
26.1.4 Meet all requirements for retaining public records and transfer to the City, at
no cost, all public records in possession of the contractor upon termination
of the contract and destroy any duplicate public records that are exempt or
confidential and exempt. All records stored electronically must be provided
to the City in a format that is compatible with the information technology
systems of the agency.
26.2 The failure of Contractor to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the City shall enforce the Default
in accordance with the provisions set forth in Article 18, "Termination", herein.
Remainder of Page Intentionally Blank
13 Agreement
City of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed
on the respective dates under each signature. CITY OF TAMARAC,
through its Mayor and City Manager, and CONTRACTOR, signing by
President duly authorized to execute same.
Patricia A. Teufel, CMC U
City Clerk
�J
Date
ATTEST:
l F'. G
Lica
of Corporate Secretary
Type/Print Name of Corporate Secy.
Harry
Date
ressler,
Approved as
pity Attorney
Z,'-7
Date
FT
ayor
,?/AV le
this Agreement
signing by and
and through its
C
form and legal sufficiency:
Prestige Property Maintenance, Inc.
Company Na
ig
dent/Owner
Greg Lica, President
Type/Print Name of President/Owner
rZ.-- / i ?- / t 4--
Date
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p.'iyTamarac_.... _� ............._..� ..�.. _. _ ...�..._ ..................._......�� . »�...� ..�._......_..._......._......._._..�....._..._..._.. _ ._ ._ .........__. _ ._..................�.._._ »ur'fsir and Contracts Division
of
CORPORATE ACKNOWLEDGEMENT
STATE OF �t�o 0-t 9 �
:SS
COUNTY OF�Rowd�R-�7
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Greg Lica, President, of Prestige Property Maintenance, Inc., a Florida Corporation, to
me known to be the person(s) described in and who executed the foregoing instrument
and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of
W"*j0r-%T -W ; W - --
�r v Notary Public State of Florida
x° Lisa L Binkley 3�os5
a My Commission EE 1
of Expires 10/31/2015
Signature of Notary. Public
State of Florida at Large
u;c, L. 'bin
Print, Type or tiamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
�j DID take an oath, or
❑ DID NOT take an oath.
City of Tamorcc Purchasing and Contracts Division
CONTRACT APPENDIX A
BID# 14-25B
Schedule of Prices for City -Wide
Landscape Maintenance Services
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0
t
City 4f Taf13r?raC
Purchasing and Contracts Division
BID SCHEDULE
TAMARAC CITYWIDE LANDSCAPE MAINTENANCE
Bidder hereby declares that they have carefully examined the various work sites listed
herein and have read all terms and conditions of this solicitation and fully understand the
specifications contained herein, and does hereby agree to furnish all labor, materials, tools,
equipment, insurance, bonds, and incidentals and to sustain all the expenses incurred in
performing the work in strict accordance with the Bid, specifications, plans and drawings
made a part thereof at the following unit prices offered. In the event of latent mathematical
errors, Bidder recognizes that these are clerical errors and may be corrected by Owner.
ITEM
UNIT OF
'"UNIT PRICE
NO.
MASTER MAINTENANCE SERVICE
MEASURE
EST NO. OF
LOCATIONS
�
MOWING SERVICES
SO FT
2
BUSH HOG
SO FT
,r, ��
; 000f�
3
HEDGE TRIMMING
SO FT
a iA
105
4
IRRIGATION INSPECTIONS
EA ZONE
�+
�
CHEMICAL APPLICATIONS
5A
IPM
SO FT
� �,�►
� �
SB
TURF FERT
SO FT
5C
SHADE TREE FERT
SO FT
N JA
y
$p
PALM TREE FERT
SO FT
,s 1 a
5E
SHRUB FERT
SO FT
A
CONTINGENCY SERVICES
C1
MULCH
SO FT
PRUNNING & TRIMMING
C2
TREES
EA
C3
PALM TREES
EA
C4
HOLLIES
LF
.......W_...........�...__..,........_.._,.__._..._._......w_....�........._....�.........__...�......_....._.......w....._.._.....w........_,.....r, �������_.._..�.__.....w.....,.._.._....,._..._........�_.........._._.. _..8id fiorm & Schedule of Bid Prices ....
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Purrhas na and Contracts Division
1V`j ANf /
V{1 \1/✓
OPTIONAL SERVICES **`*
O'I
Lot Clearing Services
SO FT
r
02
Plant Removal.
EA
A
A-
Plant Installation (Includes planting
03
of 3 gallon plants and care until
established. Typical plants include
EA
Trinette, Green Island Ficus, and
Plumba o.
Sod Installation (includes necessary
04
prep work, installation, and care
until established. Typical sod
SO FT
includes Bahia and saint
Augustine.)
Sod Removal (includes removal and
w
SO FT
05
dts osal of sod
Palm and Tree Removal for trees up
06
to but less than 25' tall (including
EA
.
"
removal and disposal)
Palm
and Tree Removal for trees 26'
EA,,
O7
tall
or taller (including removal and
315,
- _ idispqsal)__
Notes:
* Bidders: Re -check your decimal placement on all Unit Prices.
** This contract shall be under the provisions of "Performance Based 0ontrac#ing".
Reference "Special Provisions", Para. 24.
*** CONTINGENCY SERVICES: Bidders shall submit prices for Contingency Services.
Provision of Contingency Services shall . be at the discretion of the City. Contingency
Service costs shall not be used for the purposes of Bid Evaluation. NOTE: Unbalanced
in for Contingency or Optional Services may be reason for rejection of bid.
pricing g y p
**** OPTIONAL SERVICES: The City shall not consider optional services pricing when
comparing and evaluating responses. The City reserves the right to utilize or not utilize
• p 9• � � discretion. Lot Clearing Services will
optional pricing for Lot Clearing Services at the City s d 9
e requested per individual quotations per lot on a case by case basis. Lot Clearing
b q
services shall include grass and weed cutting and landscape trimming as required.
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SC 136 Bid roiln & Schedule of Bird P ices
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