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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-1521 Temp. Reso. # 11955 November 18, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010 15- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID 10-17B TO AND APPROVING AN AGREEMENT WITH PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC., FOR LANDSCAPE MAINTENANCE SERVICES OF CERTAIN PUBLIC RIGHTS -OF -WAY AND CITY PARKS; AUTHORIZING AN ANNUAL EXPENDITURE NOT TO EXCEED $949,120.75 FROM THE APPROPRIATE ACCOUNTS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AUTHORIZING BUDGET AMENDMENTS FOR PROPER ACCOUNTING PURPOSES; 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, the City publicly advertised Invitation to Bid No.10-17B for Citywide Landscape Maintenance, incorporated herein by reference and on file in the Office of the City Clerk; and WHEREAS, on November 3, 2010, the City of Tamarac received four (4) proposals for the proposed landscape maintenance, with Prestige Property Management and Maintenance, Inc., being the lowest responsive bidder, a bid tabulation is hereto attached as "Exhibit 1 "; and Temp. Reso. # 11955 November 18, 2010 Page 2 WHEREAS, Prestige Property Management and Maintenance, Inc., possesses the required knowledge and experience for the proposed landscape maintenance services and has agreed to the Terms and Conditions of Bid No. 10-1713; and WHEREAS, it is the recommendation of the Public Works Director and the Purchasing and Contracts Manager that the appropriate City Officials execute the agreement with Prestige Property Management and Maintenance, Inc., for the landscape maintenance services, a copy of said Agreement is hereto attached as "Exhibit 2"; 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 landscape services with Prestige Property Management and Maintenance, Inc., at a annual cost not to exceed $949,120.75. 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 10-1713 to Prestige Property Management and Maintenance, Inc., and approves an Agreement between the Temp. Reso. # 11955 November 18, 2010 Page 3 City of Tamarac and Prestige Property Management and Maintenance, Inc., ("the Agreement") and the appropriate City Officials are hereby authorized to execute the Agreement, hereto attached as "Exhibit 2", to provide landscape services. SECTION 3: An annual expenditure in an amount not to exceed $949,120.75 for said purpose is hereby approved. SECTION 4: The City Manager, or his designee, are hereby authorized to make changes, issue change orders in accordance with section 6-156(b) of the City Code, and close the contract award including, but not limited to making final payment within the terms and conditions of the contract and within the contract price. SECTION 5: All budget amendments for proper accounting purposes are hereby authorized. SECTION 6: 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. 1 Temp. Reso. # 11955 November 18, 2010 Page 4 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of ' ,R / ,2010. W�F--100411 W'10-10"RtR� MAYOR ATTEST: PETER M. J. RI HARDSO , CRM, CMC CITY CLERK. RECORD OF COMMISSION VOTE: 9 MAYOR TALABISCO DIST 1: V/M BUSHNELL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER Gv—e-r I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAMUEL S. GOREN CITY ATTORNEY E W N W,4�� �- Ui, O O .- vo N N O N v I N r- orr- O •-- e- - O O JU O O 00 � O :O p O 0 O O O Q o Z d' W W N r r- O r N O O LO O O r` O r- O r N r N r- N r N N CD Q O O M a) N N O O O O O O O iZ Q f� 'r rea) O N 1 M O O O V T O W 0 a tN a. w W IL o O p O O O p N� N CO a- 0 O 0 O O 0 O O t7 °'N s yj r N O 00 N :. M:. N M N N g N O: M r .- to O W O p O O O 06 0 O f1 W F-F-ZF-H LL LL O LL LL QQQQ LL F-�F-F-F- LL LL LL w w 0) U .. W W W W a o CO Q U) U) co CO U) U) U) W r N.r W Z { F-LL ry � LL 04 � t U W F- LL [r W Of UJ UZ(n NNZi IL W w � [(� r 0 w CY CO U) W LL F- W N ' W Z O U Z Z► a Z W i W W W W J' Q W tY W W W W U p� c O V sZ Mo-j W Q 2 U) U) w U- LL W Ln Z N )Q:W W 22 JW LQ2<YOU 2 2R RF-aaii:1'aH(wCLw0-j W C N M N W t0 w t0 to n m F. I- h O O m O '-I O w Z w a 0 City ofT�omamc P'' iP`Lftc2a iOg au,,O L,onlv4=cls Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND PRESTIGE LANDSCAPE MANAGEMENT AND MAINTENANCE, INC. THIS AGREEMENT is made and entered into this -,"day of 2010 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Prestige Property Management and Maintenance, Inc., a Florida corporation with principal offices located at 3300 SW 46'h Avenue, Davie, FL 33314 (the "Contractor") to provide for City-wide Landscape Maintenance Services. 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. 10-17B, including all conditions therein, (General Terms and Conditions, Special Conditions 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 10-17B as issued by the City, and the Contractor's Proposal, 10-17B 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 given in 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 two (2) year period commencing on the final date of execution, and expiring November 30, 2012. The term of this Agreement shall commence on December 1, 2010, or upon execution of the Agreement, whichever is later. Agteetoe rz< 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. 2.4 Renewal Term: The City reserves the right to renew the Agreement for one (1), two (2) year period upon mutual written agreement between the parties, successful vendor performance and the 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: 3.1.1 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 10-17B 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 Reports: The Contractor shall be provided with a checklist to be filled out and returned to the Public Works Department after each grounds maintenance and/or irrigation operation. All maintenance operations and the 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. 3.4 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. A g reef=7en, E C:.4ty ( r c3{Z-ic3?<3t:: Pua, cssmg Diosion 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 first. 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 Works Department must be notified prior to any change in scheduling within five (5) working days to allow City staff to inspect sites for scheduled maintenance. Written reports must be turned in to the Public Works 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 highly desirable that the successful proposer have the capability to accept a Visa Procurement/Credit card as a means of payment. 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 ._,o.<"..,mC.ts Di s, o.' and materials, in accordance with the Schedule of Bid Prices contained in Appendix "B" herein titled "Schedule of Prices" for City -Wide Landscape Maintenance Services". 6) Contractor's Local Office 6.1 Office/Managing Agent: 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 Staffing: 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 the City and the Contractor may be terminated, without penalty, by the City at any time after it has purchased the guaranteed volume 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. i.F >` :,x rlv.;:, i, F t'uI ; Ec. �*,rr..<', ., ConttacZS De `?..m 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. A,*, ,;,erne' _ _..._ . _.... _ z i,3 4; ts 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. A sample Contract Report Card is included as Contract Appendix A attached hereto. 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 the 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 the 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 the 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. 8.2 Contractor shall indemnify and hold the City harmless for any damages _... _ „ roc; ee,nef<. 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 the 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 $50.00 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 $50.00 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 deficiencies in the work to bring the work into conformance without Agieement 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 Works Coordinator, 3) Public Works Operations Manager, 4) Director of Public Works, 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. Aclne:ae:.,,ne n City ,,)I �_mamc F`;.itt:; 7v s.hn"k e� t }` C oni aZ'.?S Division 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. 13) Indemnification 13.1 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. 13.2 The City and the Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 13.3 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 14) 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, CU,hv T&oa. ac Pil,(r.zr4:.?Z.i aZT `,}` CoitfmciS Divishan, 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. 15) 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. 16) 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. 17) 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 courier services, or by messenger service, as follows: mienl 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 CONTRACTOR Mr. Tom Jacob Vice President Prestige Property Management and Maintenance, Inc. 3300 SW 46th Avenue Davie, Florida 33314 (954) 584-3465 18) Termination 18.1 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. 18.2 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. 19) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. AgieemeW C,,! 1 .c3 ��# .,.. ,r`�'`ir`i't 1< �e. :t .i Co Pc?c.. s 20) Venue 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. 21) 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. 22) 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 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. 23) Uncontrollable Circumstances 23.1 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. 23.2 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. 24) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged city Flurowsm-o and (-"nnlracs Division herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 25) 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. Remainder of Page Intentionally Blank IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. AT ST: hketer M.J. Ric rdson, CRM,"CIVIC City Clerk 611d Date ATTEST: rporate Secretary Gregory Lica Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC BethTala isco, Mayor Date ffrey L. illegr, City Manager Date Appro ed as to form and legal sufficiency: City torney fzf;�jr� Date Prestige Property Management and Maintenance, Inc. Company Name ign7o esident/Owner Gregory Lica President Date City,, Tam� aw Dmsion CORPORATE ACKNOWLEDGEMENT STATE OF -.SS COUNTY OF 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 Gregory Lica, President of Prestige Property Management and 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 thisZ-9 day of ga, 20ID. Signature of Notary Pub V" State of Florida at Large P N Print, Type or Starv(p Name of Notary Public WubVic Stale of Florida -f P Not'afy 'j�a , kley L a" w tly Con rni�is'on 0131)2011DD711502 Expir's 1 115 -Z2r-1- = Personally known to me or F] Produced Identification Type of I.D. Produced DID take an oath, or ❑ DID NOT take an oath. =c? rc; p �+ <i . ,x.: ,i,,� c=t 4+�:iii. u�Z�iS x.'t�./f80Q CONTRACT APPENDIX A CITY OF TAMARAC Citywide Landscape Maintenance Performance Report Card Project Manager(s) and appointed representatives shall view work completed by the Contractor, and shall observe the Contractor during the performance of their work. Those observations will be reported in summary fashion on this form and submitted monthly to the Project Manager or designee. Critical issues requiring immediate attention will be reported to the Project Manager or designee upon discovery. Performance ratings are intended to assess the contractor's conformance to contract requirements, specifications, and standards of good workmanship. The rating scale to be used is as follows: Performance Criteria Rating 5 - Exceptional Performance meets or exceeds requirements with few minor problems for which corrective actions were highly effective 4 - Very Good Performance meets requirements with some minor problems for which corrective actions were highly effective 3 - Satisfactory Performance meets requirements with some minor problems for which corrective actions were satisfactory Performance does not meet some requirements with problems for which 2 - Marginal corrective actions appear only marginally effective or have not been fully implemented 1 - Performance does not meet most contractual requirements with Unsatisfactory problems for which corrective actions appear ineffective and/or have not been identified or implemented Performance Area: Safety Exceptional 4 4 Unsatisfactory Satisfactory Equipment in good working order 5 4 3 2 1 Proper Precautions taken to maintain safe work area 5 4 3 2 1 Proper MOT plan followed 5 4 3 2 1 I Jmi alnd 4...i?t"t`ri 3i. f D'vision Performance Area: Quality of Work Exceptional 4 Satisfactory 4 Unsatisfactory Grass mowed evenly, and excess grass removed 5 4 3 2 1 Landscape trimmed neatly 5 4 3 2 1 All debris cleaned -up in work areas 5 4 3 2 1 Performance Area: TBD Exceptional 4 Satisfactory 4 Unsatisfactory 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 Performance Area: TBD Exceptional 4 Satisfactory 4 Unsatisfactory 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 7 City o�'71,.�marac CONTRACT APPENDIX B BID# 10-17B Schedule of Prices for City -Wide Landscape Maintenance Services REVISED BID SCHEDULE-10/18/10 ADDENDUM NO. 1 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 PRICE NO. MASTER MAINTENANCE SERVICE 1 MOWING SERVICES SO FT i3 2 HEDGE TRIMMING SO FT (A 3 IRRIGATION INSPECTIONS EA ZONE a 4 MULCH SO FT 5 BUSH HOG SO FT PRUNNING & TRIMMING 6A TREES UNDER 25 FT EA 6B TREES OVER 25 FT EA "3"11 , I 6C PALM TREES UNDER 25 FT EA 6D PALM TREES OVER 25 FT EA 6E HOLLIES LF CHEMICAL APPLICATIONS 7A IPM SO FT 7B TURF FERT SO FT t� 7C SHADE TREE FERT SO FT 7D PALM TREE FERT SO FT 7E SHRUB FERT SO FT I