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
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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.
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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.
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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
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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.
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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.
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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. 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.
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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.
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,
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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