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Reso 2023-3555
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Reso 2023-3555
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Last modified
10/3/2023 12:43:24 PM
Creation date
10/2/2023 4:03:48 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3555
Date (mm/dd/yyyy)
09/21/2023
Description
2nd Amendment to Agreement w/ VisualScape, Inc. for landscaping services for City Parks & Recreational Facilities - Option "A".
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a. Failure to comply with conditions, specifications, reports, schedules and/or directives <br />from the City and Purchase Order, including but not limited to, failure to adequately <br />remove trash/debris/weeds In a timely manner, apply chemicals, prune, etc. Deduction <br />may be based upon costs provided by the Contractor on the loco Schedule attached to <br />Attachment "B", or as deemed appropriate by the City. Deduction of up to $200 per <br />instance. <br />b, Failure to comply with minimum City defined manpower requirements. Deduction of <br />$100 per employeo por workday. <br />c. Failure to provide adequate equipment in compliance with City specifications and/or as <br />requested by the City. May result in a deduction of up to $200 per instance per workday. <br />d. Failure to protect public health and/or correct safety concerns. These include, but are not <br />limited to, policing City property for hazards, responding to emergencies, providing <br />adequate traffic control measures (per M.U.T.C.D. Guidelines). May result in a deduction <br />of up to $250 per occurrence. <br />e. Pallure to comply with water restrictions imposed by any agency having authority to do <br />so. May result in a deduction of up to $250 per occurrence. Additionally, Contractor shall <br />be responsible for any imposed penalties. <br />f. Major irrigation deficiencies shall be repaired within 12 hours and are subject to a <br />deduction up to $250 per occurrence. <br />6, $ERFO,ltMANC,Lr, AND PAYIVI1uNT BOND. The City requires Contractor <br />furnish a Performance and Payment Bond in the amount of 100% of the total `Basic Services" <br />recurring monthly of the extended total as security for the faithful performance of the Contract <br />and for the payment of all persons performing labor or fl►rnishing materials in connection <br />herewith within ten (10) calendar days after notification of the award by the City. The bonds <br />shall be with a surety company, authorized to do business in the State of Florlda. The Bond(s) <br />shall not contain a provision allowing the Surety(ies) to cancel the Bonds prior to the completion <br />of the Contract, including any optional renewal periods. <br />7. iNULAIENDENT CONTRACTOR LATIONS1111'. The Contractor is an <br />Independent Contractor and shall be treated as such for all purposes. Nothing contained in this <br />Agreement or any action of the pailies shall be construed to constitute or to render the Contractor <br />an employee, partner, agent, shareholder, officer or in any other capacity other than as an <br />independent Contractor other than those obligations which have been or shall have been <br />undertaken by the City. Contractor shall be responsible for any and all of its own expenses in <br />performing its duties as contemplated under this Agreement. The City shall not be responsible <br />for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal <br />income taxes or pay Social Security taxes and that such obligations shall be that of the <br />Contractor, other, than those set forth In this Agreement. Contractor shall furnish its own <br />transportation, office and other supplies as it dotermines necessary in carrying out its duties under <br />this Agreement. <br />8. 1NSURANCF. Contractor shall, at its sole cost and expense, during the period of any <br />work being performed under this Agreement, procure and maintain the following minimum <br />insurance coverage to protect the City and Contractor against all loss, claims, damage and <br />liabilities caused by Contractor, its agents, contractors or employees, as more particularly set <br />forth below; <br />2020-7556 - VISUALSCAPE, INC <br />
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