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HomeMy WebLinkAboutCity of Tamarac Resolution R-70-047all CITY OF TAMARAC, FLORIDA RESOLUTION # Zd -Y.7 WHEREAS, an emergency situation has been created in the area of residential lot maintenance resulting from the termination of services by the contractor formerly providing such services, and WHEREAS, by former Resolution the City Council authorized the City Clerk to take those steps necessary to insure that said maintenance program would be continued, and WHEREAS, a new maintenance contractor has been located and the City Council is now desirous of authorizing the Mayor and the Acting City Clerk to enter into that contract attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of the City of Tamarac, Florida, Recognizing that the maintenance program as indicated hereinabove is a proprietary function of the City and further recognizing the urgency and emergency status requiring that provision be made immediately to insure performance of the maintenance functions, the City Council hereby authorizes and empowers the Mayor and the Acting City Clerk to execute that contract attached hereto and made a part hereof. Said contract by its terms recognizes the emergency status of this situation and the intent of the City Council to,divest itself of maintenance functions and,therefore, is an agreement that is of a temporary nature. By the terms of the contractand this Resolution the City Council is hereby designating the City Clerk and any appointees that he may designate as the party to whom responsibility for the daily implementation J 0 ?0-117 of the terms of said agreement shall run. Any Ordinances or Resolutions in conflict with the terms of this agreement or the intent of the Council as evidenced by this Resolution or those Resolutions passed at the special meeting held on Saturday, September 26, 1970, are hereby repealed to the extent of such conflicts. PASSED, ADOPTED AND APPROVED this 6th day of ATTEST: c —e t ACTING CITY CLERK - 2 - �j i`e. — MAYOR A G R E E M E N T THIS AGREEMENT made and entered into this 7th day of OCTOBER , 1970, by and between the CITY OF TAMARAC, a municipal corporation, hereinafter referred to as "Tamarac", and C. W. KNOLL, doing business as LAWN VALET SERVICE, herein- after referred to as "Knoll". W I T N E S S E T H: WHEREAS, Tamarac, is presently in the position of pro- viding lawn maintenance functions, and is desirous of entering into an agreement with a private concern to pro- vide certain of these functions; and WHEREAS, Knoll is in the business of gardening and land- scaping and has the facilities with which to provide main- tenance functions to lawns as is desired by Tamarac; and WHEREAS, the parties hereto are now desirous of setting forth the terms and conditions upon which Knoll shall pro- vide those maintenance functions set out herein for the benefit of Tamarac. NOW, THEREFORE, in consideration of the mutual cove- nants herein contained, the parties agree as follows: 1. It is expressly understood by Knoll that the lawn maintenance function which is the subject matter of this agreement, is the responsibility of Tamarac only in a pro- prietary capacity. Therefore, responsibility on the part of Tamarac under the terms of this agreement shall be based solely upon the contractual obligations set forth herein. It is further expressly understood that any monetary obli- gations on the part of Tamarac under the terms of this agreement may only be satisfied out of funds received by Tamarac, from residents, as maintenance fees. Therefore, Kroll agrees that at no time will it ever make demand upon Tamarac for payment out of any general funds of Tamarac. This shall include any attempt for payment in a legal pro- ceeding. 2. It is recognized by the parties that this agreement is of a temporary nature. It shall run on a month to month basis beginning with the 28th day of September, 1970. This agreement shall automatically be renewed without any request, statement or notice by either of the parties, continuously, from month to month until otherwise terminated under the terms of this agreement. 3. The parties specifically recognize their respective positions, and with this in mind, agree that Tamarac may, for any reason, terminate this agreement and the obligations created hereunder as to any one or more of the sections of the CITY OF TAMARAC contemplated for maintenance service under the terms of this agreement after fourteen (14) days written notice to Knoll. Knoll may terminate its obligations under the terms of this agreement after ninety (90) days written notice to Tamarac. 4. The parties recognize that Tamarac has expressed its intent to divest itself of the maintenance functions contemplated herein, and therefore, upon such divestment Tamarac may, at its option, assign its rights under the terms of this agreement to any one or more non-profit corpor- ations or other similar entities without the necessity of an authorization for such assignments by Knoll. 5. Should Knoll fail to comply with any one or more of the terms and/or conditions of this agreement Tamarac at its option may terminate this agreement and its obliga - 2 - lions hereunder immediately without any further notice to Nnoll. Should Tamarac fail to comply with any of the terms and/or obligations of this agreement Knoll may terminate this agreement and its obligations created hereunder only upon fourteen (14) days written notice to Tamarac. 6. Knoll shall be responsible to perform those main- tenance functions contemplated herein to those lots and areas set out in Schedule A attached hereto and made a part hereof. Said Schedule A shall enumerate on a section by section basis the total number of residential lots to be serviced by Knoll. Said Schedule A shall be amended from time to time at the option of Tamarac by deleting or adding lots for service, either individually or by section. It is contemplated that lots will be added for service as they are accepted for maintenance by Tamarac. 7. As an additional inducement for Tamarac to enter into this agreement, Knoll agrees to provide all of those maintenance functions contemplated herein to all CITY OF TAMARAC entrance ways, public rights -of -way, median strips, lots and other areas that the municipality is responsible to maintain. However, said obligation on the part of Knoll shall only apply within those sections Knoll is providing residential maintenance service for under the terms of this agreement. 8. The services to be performed by Knoll as consider- ation for the compensation set forthhereafterare as follows: a. The cutting of all grass areas around homes, recreation and clubhouse areas, CITY OF TAMARAC entrance ways, public rights -of -way, median strips, lots and other - 3 - areas. b. The edging of all walkways, driveways, flower beds, perimeters of houses, other improvements, and other areas where cutting services are performed. C. Cleaning and edging around all sprinkler heads and donuts. d. vacuuming, cleaning and otherwise removing all grass and debris from all walkways, driveways and other areas serviced. e. Removal of all trash and debris resulting from the services performed by Knoll. f. Trimming of all necessary areas with small rotary mowers. g. The maintenance of all shrubbery, plants, trees and other growing items to the extent of keeping same in a pleasant appearing condition. Same will include but not be limited to periodic trimming, fertilization and spraying for weeds and pests. h. The fertilization of all grass, shrubs, trees and other growing items. i. A complete chemical program to insure that areas serviced will not be affected or otherwise damaged by chinch bugs, army worms, sodweb worms, fungus and other similar pests. j. The repair and/or replacement of all sprinkler systems that are damaged or otherwise impaired as a result of the negligence and/or work performed by Knoll. This shall include but not be limited to the adjustment of sprinkler heads so as to insure proper functioning height. - 4 - • C 9. It is specifically agreed by and between the parties that Knoll shall only be paid for those services and that work completed in a satisfactory and workmanlike manner. Further, that payment by Tamarac shall not be made in any case until after the work has been completed. 10. It is agreed between the parties that beginning with the week of October 12, 1970, and continuing during the terra of this agreement'Knoll shall cut each lawn (and provide other related services) as indicated on Schedule A attached hereto,or as it may be amended from time to time, once in every two week period. This requirement shall also apply to other areas contemplated for service by the terms of this agreement. In no event, however, shall Knoll cut any one lot or other area more than twice in any one month period. C Tamarac may, at its option, after days written. notice prior to the beginning of any new monthly period, modify this agreement to the extent of requiring and being obligated for only one cutting per monthly period. 11. For purposes of this agreement the first monthly period, being October, shall include the 28th, 29th and 30th days of September. 12. As and for consideration and in payment for those. services rendered by Knoll as outlined in this agreement, Knoll shall receive the sum of Five Dollars and Fifty Cents ($5.50) per lot cut in a workmanlike and acceptable manner. 13. Beginning with Thursday, the 1st of October, 1970, Knoll shall submit a complete report of all work completed during the preceding week. Said report shall - 5 - r, include a section by section, lot by lot breakdown of those lots cut during the preceding week inclusive of the Wednesday before such report is submitted. Said report shall also include a complete list of all other services performed under the terms of this agreement during the preceding week inclusive of services performed at recreation areas, clubhouses, easements and rights -of -way. Said report shall be submitted to Tamarac, at City Hall, after the completion of work by Knoll each Thursday before 10:00 o'clock A. M. 14. The consideration to be paid Knoll for the services outlined in this agreement for that area known as the apart- ment area as indicated on Schedule A attached hereto shall be the total sum of Forty -Eight Dollars ($48.00) per cutting. All other terms and requirements of this agreement shall apply as fully to the apartment area as to other areas. 15. At the same time of submitting the above referred to reports, Knoll shall submit a statement to Tamarac indicating the herein agreed upon sums on a lot by lot basis for work completed during the preceding week. Said statement shall also include a total sum indicating total charges for the preceding week. (Billing week shall be Thursday through Wednesday.) 16. On or before 4:00 o'clock P. M. of each Friday beginning with October 2, 1970, Tamarac shall issue a check to Knoll based upon the report and statement submitted on the preceding Thursday. Said check shall evidence a deduction of Five Dollars and Fifty Cents ($5.50) for each lot upon which the contemplated services were not properly performed or for each lot upon which service has not been performed at all but has been billed in the preceding Thursday's statement by Knoll. 17. For each lot to which the proper and contemplated services as indicated in this agreement are not performed in each two -week period, Tamarac shall, in addition to not paying the Five Dollars and Fifty Cents ($5.50) as indicated hereinabove, have the right to charge a deduction to Knoll of Two Dollars ($2.00) per lot.. Knoll shall have the respon- sibility of replacing and repairing sprinkler systems as hereinabove provided for immediately upon knowledge of each problem. Should a written complaint be submitted by Tamarac or its residents, to Knoll, indicating damage or impairment to the sprinkler system Knoll shall have two days within which to rectify said complaint. If said complaint is not rectified within two days beginning with the third day, Knoll shall pay as liquidated damages for partial failure to perform, Fifty Cents (50�) per day until said repair and/or complaint is rectified to the satisfaction of Tamarac. 18. It is agreed between the parties that the chemical and/or spraying program as hereinabove referred to shall begin with the 12th day of October, 1970, and shall continue at all times that,this agreement remains in effect. Said chemical and/or spraying program shall be carried on by Knoll and effectuated without the necessity of specific request by a resident and/or Tamarac for same.. However, should written request be made of Knoll for the contemplated spraying to a particular lot or lots Knoll shall have five days within which to satisfy such a request. As to each lot - 7 - 1tnoll shall pay as liquidated damages for partial failure to perform Ten Cents (10G) per lot beginning with the sixth day after a request as aforementioned has been made and compliance therewith has not been rendered by Knoll.. 19. Knoll shall be responsible for the replacement and/or repair of any growing material inclusive of lawns and sprinkler systems that are damaged, ruined or destroyed as a result of the failure of Knoll to properly comply with the requirements of this agreement. 20. It is agreed between the parties that Knoll shall begin a fertilization program of all areas covered by the terms of this agreement as soon as is practicable. Said fertilization program shall be completed by Knoll at his expense on or before the lst day of December, 1970. For every lot not completed as to a fertilization program on or before December 1, 1970, Knoll shall pay as liquidated damages for partial failure to perform Twenty -Five Cents (254) per lot per week.so long as the fertilization program has not been completed. 21. Knoll agrees, that should Tamarac make request prior,to or any time during the carrying out of the chemical spraying program as contemplated herein, he shall include in said spraying, chemicals for the control of weeds. It is agreed that Tamarac shall only be responsible in such event for the actual cost of .the additional chemicals. 22. As to those damages, credits and/or deductions as indicated in this agreement that Tamarac may take, same may be taken and/or deducted from any statement and sub- sequent payment required hereunder. However, it is con- templated that in addition to not paying the Five Dollars and Fifty,Cents ($5.50) as herein indicated for failure to perform services to lots, Tamarac will within fourteen (14) days after each two -week period take as a deduction Two Dollars ($2.00) per lot for failure on the part of Knoll to perform the services contemplated herein during any two - week period. Although Tamarac will not pay for services not performed should Knoll be unable to perform due to an Act of God, Tamarac will not take as a deduction the con- templated damages herein. Specifically, Tamarac will not take the Two Dollars ($2.00) asdamagescontemplated should there have been at least four complete or eight half work days of rain during any two -week period. (Work days shall be defined as meaning Mondays through Fridays). Knoll shall have fourteen (14) days after Tamarac has taken a deduction within which to file with the City Clerk a notice of disagreement with such deduction. Thereafter, the parties shall meet and endeavor to reach an amicable settlement of the disputed deduction. 23. It is specifically agreed between the parties that in no event shall any credit, deduction or damages taken by Tamarac be viewed or charged as a breach of the terms of this agreement. 24. It is expressly understood and agreed to by the parties that Knoll is an independent contractor and not an employee or agent of.Tamarac. 25. It is agreed by Tamarac that Knoll shall have the option of securing and using sub -contractors to perform the functions of chemical control and spraying and fertilization. - 9 - however, in no way shall this affect or relieve Knoll of the responsibilities and obligations under the terms of this agreement. 26. Knoll agrees that at the close of each working day he shall remove all of his equipment from residential areas of Tamarac. 27. Knoll acknowledges and.recognizes that his perfor- mance under the terms of this agreement and the services performed hereunder are at the pleasure of the City Council of the CITY OF TAMARAC. However, Knoll shall be directly responsible for the day to day performance of his obligations under the terms of this agreement to the City Clerk of the CITY OF TAMARAC and any agents, employees or committee men that said City Clerk may from time to time designate. 28. In addition to the obligations binding Knoll under the terms of this agreement Knoll shall at all times during the term and effectiveness of this agreement comply with all municipal, state and federal resolutions, ordinances, statutes and laws. 29. Knoll specifically agrees to provide to Tamarac upon the completion of the first cutting of all lots a complete list of the condition of each lot at the time of the first cutting. 30. The parties hereby agree that any amendments to the terms of this agreement shall be in writing and executed in the same form as this agreement. 31. Knoll covenants and agrees that he will, at all times, obtain and pay for policies of insurance generally known as public liability policies, insuring Knoll and Tamarac against - 10 - • all claims and demands made by any person or persons w',omsoever for injuries received as a result of the opera Lions and/or performance or failure to perform under the terms of this agreement. Said insurance shall provide coverage to the extent of not less than Five Hundred Thousand Dollars ($500,000.00) to cover claims for damage from any. single or specific cause, to any one person, and to the extent of not less than One Million Dollars ($1,000,000.00) to cover in connection with any one particular accident or occurence, the total aggregate of claims that may arise or be claimed to have arisen against Knoll or Tamarac, as aforesaid, and to the extent of not less than Fifty Thousand Dollars ($50,000.00) to cover any claim for property damage. Knoll shall provide a certificate of the aforesaid insurance to Tamarac immediately upon execution of this agreement. 32. Knoll covenants and agrees to indemnify and save Tamarac harmless from any loss, damage, expense, claim and liability of whatever kind and nature, including costs, expenses and reasonable attorney's fees, suffered or incurred or which may be suffered or incurred by Tamarac by reason of Knoll's failure to perform through misfeasance, nonfeasance or malfeasance, any of his obligations arising under the terms of this agreement. Further, should it become necessary for Tamarac to retain the services of legal counsel to enforce, in any manner, the terms and obligations of this agreement, Knoll agrees to pay and be responsible to Tamarac for attorney's fees incurred and related costs. 33. This agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs and assigns. 9 0 Further it is agreed that Tamarac may assign its rights, under the terms of this agreement, without further notice to Knoll. However, Knoll shall not assign its obligations or rights under the terms of this agreement without the prior written consent of Tamarac. 34. It is acknowledged by the parties that any deductions, credits or damages referred to in this agreement are recognized and considered as liquidated damages for the .partial failure to perform thespecificfunction, service or item contemplated, in view of the difficulties in ascertaining the actual damages that would be sustained by Tamarac. Provided, however,,that in the event of a material breach resulting in a'complete termination of the.relationship.created hereunder Tamarac. shall not belimited to the liquidated damages specified above for partial failure to perform. 35. For the purpose of notification as might be nec- essary or required under the terms of,this agreement, Tamarac's address shall be as follows: CITY OF TAMARAC, c/o City, Clerk, 5200 Rock Island Road, Tamarac, Fort Lauderdale, Florida. Knoll's address shall be as follows: LAWN VALET SERVICE, C. W. KNOLL, IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the date and year first above written. CITY OF TAMARAC ATTEST: O�DBy MAYOUCII c ing City Clerk LAWN VALET SERVICE, C. W. KNOLL By KNOLL - 12 - RIDER TO AGREEMENT CITY OF TAMARAC & C. W. KNOLLS - LAWN VALLET SERVICE 22A. The Two Dollar ( $2.00 ) deduction shall not be taken or appli4 to any whole section of the City of Tamarac that is added to Schedule 4 at one time during the first two weeks of such an addition. SCHEDULE A Tamarac Lakes I & II 247 units Tamarac North 225 units Tamarac South 267 units Tamarac Boulevards 250 units Mainlands I & II 528 units Mainlands III 256 units Mainlands IV 259 units Mainlands V 265 units Mainlands VI 538 units Mainlands VII 225 units Mainlands VIII 324 Ref: Agreement Knolls & City.