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HomeMy WebLinkAboutReso 2020-3129A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING INVITATION TO BID ("BID") NO. 20-08-01 TO, AND APPROVING AN AGREEMENT WITH, VISUALSCAPE INC. TO PROVIDE LANDSCAPING SERVICES FOR CITY PARKS AND RECREATIONAL FACILITIES - OPTION "A", IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED THIRTY-SEVEN THOUSAND EIGHT HUNDRED THIRTY-TWO DOLLARS ($1,137,832.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is in need of a vendor to provide citywide landscape maintenance services for the City; and WHEREAS, the City issued and advertised Bid No. 20-08-01 ("Bid") for City Landscape Services, and received four (4) responses with VisualScape Inc. representing to the City that it possesses the requisite qualifications, expertise and licenses to perform all necessary work in connection with the services specified in the Bid Specifications; and WHEREAS, the City reviewed the responses and determined that VisualScape, Inc. was the lowest responsible and responsive bidder; and WHEREAS, the City Commission wishes to award the Bid (Option A) to, and approve an Agreement with, VisualScape Inc. to provide landscaping services for city parks and recreational facilities, in an amount not to exceed One Million One Hundred Thirty -Seven Thousand Eight Hundred Thirty -Two Dollars ($1,137,832.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Award of Bid No. 20-08-01 and Approval of Agreement. The City Commission hereby awards Bid No. 20-08-01 (Option A) to, and approves an Agreement with, VisualScape Inc. to provide landscaping services for city parks and recreational facilities, in an amount not to exceed One Million One Hundred Thirty -Seven Thousand Eight Hundred Thirty -Two Dollars ($1,137,832.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. R2020- Awd Bid 20-08-01 City Landscape (VisualScape Option A) Page 1 of 2 PASSED AND ADOPTED this 15t" day f Oc Ober 2020. George H. Scholl, Mayor AT S Maurilcio Betadcur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 0 Edward A. Dion, City Attorney Moved by: �O�fUIMISStpnlGCl- V1',WUA- Seconded by: 106 kb� syt Vote: Mayor Scholl Vice Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra (Yes) (No) 7 (Yes) (No) ✓ (Yes) (No) (Yes) (No) (Yes) (No) R2020- Awd Bid 20-08-01 City Landscape (VisualScape Option A) Page 2 of JNN Y=2 D .. `1Y j, AGREEMENT.BETWEEN THE CITY OF SUNNY ISLES BEACH :` p ;. w- AND VISUALSCAPE, INC. CONTRACT NO.2020-7556 (PRIMARY PARKS AGREEMENT- OPTION A) THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 20day of , 2020, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and VISUALSCAPE, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 45-2599402. RECITALS WHEREAS, the City is in need of a primary Contractor to provide Landscape Maintenance Services for City Parks ("Services"), as more particularly described in Invitation to Bid No. 20-08-01, attached hereto as Attachment "A", which is incorporated herein by reference; and WHEREAS, Contractor is qualified, willing and able to provide the desired Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed One Million One Hundred Thirty -Seven Thousand Eight Hundred Thirty -Two Dollars ($1,137,832.00) in accordance with Attachment "B", a copy which is attached hereto. NOW THEREFORE, in consideration of the promises and the mutual covenants herein names, the parties agree as follows: 1. RECITALS. The recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide landscape maintenance to the City's parks and recreational facilities as the primary Contractor for the Services, as more particularly described in the Fee Schedule reflected in Attachment "B" for parks only. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and worlunanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure al l Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner consistent with the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City or all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of Contractor's failure to perform the Services. 2020-7556 - VISUALSCAPE, INC. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 9 hereunder, the term of this Agreement shall have an effective commencement date of November I, 2020 and shall terminate no later than twenty-four (24) months thereafter, with the option to renew for three (3) additional one (1) year terms. Payment will be made only for work completed to the satisfaction of the City. The terms of Sections 22 and 23 titled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 4, COMPENSATION. During the term of this Agreement, Contractor agrees to provide the desired Services to the City in a total amount not to exceed One Million One Hundred Thirty -Seven Thousand Eight Hundred Thirty -Two Dollars ($1,137,832.00). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the Fee Schedule as reflected in Attachment "B", which is hereto attached, under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this Agreement. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Contractor shall invoice the City for monthly recurring payments of Twenty-nine Thousand Two Hundred )Forty -Seven Dollars and Eighty -Three cents ($29,247.83) for items listed in al through a14 of the price form for the recurring monthly "Basic Services" Fee Schedule for parks landscape services, and al through a14 of the price Form for the recurring monthly parks litter removal services, as more particularly described in Attachment "B", which is attached hereto. This Agreement shall exclude any services for City Rights of Ways ("ROWs"), including a15 through a40, and those items listed in group b, group c, group d, and group e, of the Basic Services Fee Schedule for parks landscape services, as well as a17 through a38 of the price form for the recurring monthly parks litter removal services. All other items, not previously described will be invoiced at the unit rate, as described in Attachment "B". If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the Agreement number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices following each monthly period within thirty (30) days of receipt, for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before payment is due. c. CPI Ad'ustment for Renewal Terms. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI- W): Miami -Fort Lauderdale, FL. It is the Contractor's responsibility to request any pricing adjustment under this provision, which shall not exceed 5%. d. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City 2020-7556 - VISUALSCAPE, INC Commission. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon twenty (20) days written notice and the Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of termination. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. PENALTIES FOR UNSATISFACTORY WORK. The Contractor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any unsatisfactory work that fails to conform to the contract documents regardless of project completion status ("Unsatisfactory Work"). If Unsatisfactory Work is identified, through planned, random or unannounced inspections, or any either circumstance through which the City becomes aware of Unsatisfactory Work, the Contractor will be notified in writing within two (2) business days. All corrections shall be made within two (2) business days after such rejected defects, deficiencies, and/or Unsatisfactory Work are verbally reported to the Contractor by the City's Project Manager(s), who may confirm all such verbal reports in writing. The Contractor shall bear all costs of correcting such work, If the Contractor fails to correct the Unsatisfactory Work within the period specified, the City may, at its discretion, notify the Contractor, in writing, that the Contractor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within one (1) business day of receipt of the notice. If the Contractor fails to correct the work within the period specified in the notice, the City may place the Contractor in default. In addition to random or unannounced inspections, the City will conduct planned inspections each month, which will be conducted prior to the Contractor submitting its monthly invoice. When either planned or unplanned inspection efforts identify Unsatisfactory Work, the Contractor will be notified per the procedure set forth above and the City will conduct a subsequent inspection to ensure compliance. The City will incur additional administrative expenses for the additional time required to re -inspect Contractor work. Upon failure of Contractor to complete the work within the time specified for final completion, the City shall impose deductions to Contractor's invoice. A report shall be provided to the Contractor in the form provided for in Section 74. of Attachment "A" along with the unsatisfactory inspection notice. The deductions which may be made under this Agreement include, but are not limited to, those items set forth below with the corresponding penalty; 2020-7556 - VISUALSCAPE, INrC a. Failure to comply with conditions, specifications, reports, schedules and/or directives from the City and Purchase Order, including but not limited to, failure to adequately remove trash/debris/weeds in a timely manner, apply chemicals, prune, etc. Deduction may be based upon costs provided by the Contractor on the Fee Schedule attached to Attachment "B", or as deemed appropriate by the City. Deduction of up to $200 per instance. b. failure to comply with minimum City defined manpower requirements. Deduction of $100 per employee per workday. c. Failure to provide adequate equipment in compliance with City specifications and/or as requested by the City. May result in a deduction of up to $200 per instance per workday. d. Failure to protect public health and/or correct safety concerns. These include, but are not limited to, policing City property for hazards, responding to emergencies, providing adequate traffic control measures (per M.U.T.C.D. Guidelines). May result in a deduction of up to $250 per occurrence. e. Failure to comply with water restrictions imposed by any agency having authority to do so. May result in a deduction of up to $250 per occurrence. Additionally, Contractor shall be responsible for any imposed penalties. f. Major irrigation deficiencies shall be repaired within 12 hours and are subject to a deduction up to $250 per occurrence. 6. PERFORMANCE AND PAYMENT BOND. The City requires Contractor furnish a Performance and Payment Bond in the amount of 100% of the total "Basic Services" recurring monthly of the extended total as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith within ten (10) calendar days after notification of the award by the City. The bonds shall be with a surety company authorized to do business in the State of Florida. The Bond(s) shall not contain a provision allowing the Surety(ies) to cancel the Bonds prior to the completion of the Contract, including any optional renewal periods. 7. INDE11ENDENT CONTRACTOR. RE'LATIONSIIIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security taxes and that such obligations shall be that of the Contractor, other, than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its ditties under this Agreement. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set Forth below: 2020-7556 - VISUALSCAPE, PN'C a Comprehensive General Liability with minimum limits of rive Million Dollars ($5,000,000.00) per occurrence combined single Iimit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: — Premises and Operation — Workers Compensation (Statutory Limits) — Independent Contractors Products and/or Completed Operations Hazard — Broad Form Property Damages Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. -^ Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability, CI Business Automobile Liability with minimum lit -nits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance ,Services Office, and must include: — Owned Vehicles; --- Hired and Non -Owned Vehicles: — Employers' Non -Ownership. Insurance required of the Contractor shall be primary to, and not contributory with, any insurance or self insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City nained as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City.1'he City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. Contractor shall also require and ensure that each of its sub -Contractor providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIRE' MENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY, 9. TERMINATION AND REMEDIES FOR BREACH. 2020-7556 - VISUALSCAPE, INC A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure, If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepares{ by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. 'Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. CONFIDEN('IAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at Iaw or in equity, to enjoin the Contractor from violating such provisions. II. CONTRACTOR'S EMPLOYEES AND REQUIRED IDENTIFICATION. Employees of the Contractor must be 18 years or older. Contractor's employees shall be considered to be at all times the sole employees of the Contractor under the Contractor's sole discretion and not an employee or agent of the City. The Contractor shall supply competent and physically capable employees, and the City may require the Contractor to immediately remove 2020-7556 - VISUALSCAPE, INC. an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment is not in the best interest of the City. Prior to performing work in the City pursuant to this Agreement, all managers and employees of Contractor, any independent contractors, and any subcontractors (collectively "Personnel") shall be required to undergo background checks as follows: i. The Contractor shall submit to the City's Project Manager within five (5) days of the execution of the Agreement a list of all Personnel proposed to perform work under the Agreement; ii. The list of Personnel identified in subsection (i) shall be updated within twenty-four (24) hours of when changes occur; iii. A thorough State and national background check that identifies an individual's entire criminal history shall be conducted by the City for each of Contractor's Personnel in accordance with Section 435.03, Florida Statutes (level 2 screening) and all other applicable law; iv. The Contractor shall be responsible for the cost of the background check described herein which is $67.75 per person payable to the City; V. A background check shall be conducted on new Personnel prior to performing any work under the Agreement, and on each Personnel automatically at least once every five years. If any Personnel leaves Contractor's employ and returns, the Personnel will need to have their background check cleared again through the City; and vi. Failure of Contractor to comply with the provisions of Section 11, herein, shall be cause for termination of the Agreement. 12 . E-VERIFY. Beginning January 1, 2021, Contractor shall be responsible for complying with the E-Verify requirements set forth in Florida Statute 448.095. 13. JURISDICTION VENUE AND WAIVER OF JURY TRUL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768,28, Florida Statutes. 14. GOVERNING LAW, VENUE AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 2020-7556 - VTSUALSCAPE, INC 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo City Manager City of Sunny Isles Beach 18070 Collins Ave. Sunny Isles Beach, Florida 33160 Tel: (305)-792-1701 If to the Contractor: Ivan C. Vila President 17801 NW 137th Ave Miami, FL 33018 Tel: 305-362-2404 ivila@visualscapeinc.com With a copy to: City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Tel: (305)-792-1702 16. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: (i,) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.) Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract tern and following completion of the contract if the Contractor does not transfer the records to the City. (iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. 2020.7556 , VISUALSCAPE, INC IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORMA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerlc@sihfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 17. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 18. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1.975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are fine from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause, The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 19. PROHIBITION AGAINST CONTRACTING WITH. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractor must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after ,fuly 1, 2018 shall he terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "C". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 2020-7556 - VISTJAI.,SCAPF, INC 20. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this Agreement or to any benefit arising therefrom. 21. DAMAGE TO CITY PROPERTY. Contractor shall inform the City by telephone and confirm in written notice by facsimile or other electronic means, of any event, occurrence, act, omission, circumstance or condition which causes damage to City property within two (2) hours of when Contractor knew or reasonably should have known about the occurrence in the exercise of all due diligence, and submit such information as may be required by the City. Such information shall include, at minimum, the name and telephone number of a contact person for Contractor, a description of the event or occurrence, photographs, videos, and any other depictions of the occurrence and/or the damage. The City shall submit an itemized invoice to the Contractor for services to accomplish the repair or restoration of the City property damaged by Contractor. Contractor shall reimburse the City for costs incurred by the City to repair City property as described herein. 22. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent caused, in whole or in part, by the negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this Section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. Tire parties agree that One Hundred Dollars ($100.00) 2020-7550 - VISUALSCAPI , INC 10 represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 23. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 24, MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 1). Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf Of such party and does so with full legal authority to bind their respective party to this Agreement. L. This Agreement contains the entire agreement of the parties, and may be arnended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. F. If there is a conflict or inconsistency between any teen, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachments "A" "B" and "C" IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. [SIGNATURE PAGE TO FOLLOW] 2020-7556 - VISUALSCAPE, INC I I WITNESS Signature Juan C. Vila Print Name ATTEST BY: r Mauriotanc ir, CMC, City Clerk BY: Department Head VISUALSCAPE, INC. BY: Ivan i a, resident OF SUNNY ISLES BEACH Scholl, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: C-tq-�L '-.,-�ward A. Dion, City Attorney 2020-7556 - VISUALSCAPE, INC 12 at SUNNY IS�6�g City of Sunny Isles Beach A F 'n 18070 Collins Avenue �• Sunny Isles Beach, Florida 33160 p �tiP A97� FLQ¢ h4� (305) 947-0606 City Hall c�r� or suN''�p (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Susan Simpson, Assistant City Manager DATE: 10/15/2020 Award Invitation to Bid No. 20-08-01 to VisualScape Inc. RE: for Landscape Services for Parks and Recreational Facilities (Option A) RECOMMENDATION: This Resolution is presented for your consideration REASONS: The City issued Invitation to Bid No. 20-08-01 for landscape maintenance services. After a thorough review of the bids, VisualScape, Inc. was found to be lowest responsible and responsive bidder for landscape maintenance service for Parks. The City wishes to contract with VisualScape for landscape maintenance services for Parks for an initial 2 year term in an amount not to exceed $1,137,832.00 effective November 1, 2020. The agreement provides for three additional (1) year renewals for a potential total contract term of 5 years. ADDITIONAL INFORMATION: Invitation to Bid 20-08-01 provided two options. One for Parks only which is recommended to be awarded above. The second option was for Citywide landscape services to include Parks, Facilities and Rights - of -Way. Currently, the City has an existing agreement with Brightview Inc. for landscaping services solely for the City's Rights -of -Way. Therefore, those services are not needed at this time. Nevertheless, it is recommended to award Option B to Brightview Inc. as primary and VisualScape as secondary, in the event that Citywide landscape services are needed in the future. These agreements will be entered into for an initial 2 year term with 3 (1) year options to renew for a total of 5 years however, neither agreement will be active until such time that a Notice To Proceed is issued for the Primary first or the Secondary second. At that time, the contract amount will be prorated town amount sufficient to cover the initial contract term based on the pricing terms as set forth in the bid and the remaining agreement. ATTACHMENTS: Description Resolution Agreement M Item Number: 10.K.