Loading...
HomeMy WebLinkAboutReso 2022-3416RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH BCREMIN HOLDINGS, LLC, D/B/A FOREVERLAWN, FOR THE INSTALLATION OF ARTIFICIAL TURF IN THE DOG PARK SECTION OF SENATOR GWEN MARGOLIS PARK, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FOUR THOUSAND SIX HUNDRED NINETEEN DOLLARS AND SEVENTY-SEVEN CENTS ($104,619.77); 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 of Sunny Isles Beach ("City") is in need of a contractor to install artificial turf in the dog park section of Senator Gwen Margolis Park located within the City ("Services"); and WHEREAS, BCREMIN Holdings, LLC, d/b/a ForeverLawn ("Contractor") is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, Sourcewell, a State of Minnesota local government unit and service cooperative, issued Request for Proposals RFP #031622, "Artificial Turf and Tracks with Installation, Related Equipment, Materials and Supplies", which was awarded to the Contractor; and WHEREAS, the Contractor is willing and able to provide the City with the Services pursuant to the pricing and terms and conditions under Sourcewell Contract No. 031622-FVL; and WHEREAS, pursuant to Chapter 62 of the City's Code of Ordinances, purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor, are exempt from the City's competitive bidding procedures; and WHEREAS, the City Commission wishes to approve an Agreement with ForeverLawn to install artificial turf in the dog park section of Senator Gwen Margolis Park, in an amount not to exceed One Hundred Four Thousand Six Hundred Nineteen Dollars and Seventy -Seven Cents ($104,619.77), which amount includes a ten percent (10%) contingency, if needed, in the amount of Nine Thousand Five Hundred Ten Dollars and Eighty -Nine Cents ($9,510.89), 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. Approval of Agreement. The City Commission hereby approves an Agreement with ForeverLawn to install artificial turf in the dog park section of Senator Gwen Margolis Park, @BCL@E40B7011.docx Page 1 of 2 in an amount not to exceed One Hundred Four Thousand Six Hundred Nineteen Dollars and Seventy -Seven Cents ($104,619.77), which amount includes a ten percent (10%) contingency, if needed, in the amount of Nine Thousand Five Hundred Ten Dollars and Eighty -Nine Cents ($9,510.89), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. 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. PASSED AND ADOPTED this 20th day of October 2022. Dana Robin Goldman, Mayor ATTEST APPROVED AS TO FORM AND LEG7,-FICIENCIY: r Maur io Betancur CMC, City Clerk ward A. Dion, City Attorney Moved by: C Seconded by:6A,// Vote: / Mayor Goldman 4/ (Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) @BCL@E40B7011.docx Page 2 of 2 OSu p1NY ,S`E@ U 1 2 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH 9F �'9>• FLOPOp `. AND BCREMIN HOLDINGS, LLC D/B/A FOREVERLAWN 0 NORTH MIAMI CONTRACT NO. 2022-8055 THIS CONTRg UAL AGRE MENT (hereinafter referred to as the "Agreement") is made in duplicate, thisay of , 2022, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI, a limited liability company authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 87-4172103. RECITALS WHEREAS, the City is in need of a contractor to install artificial turf in the dog park section of Senator Gwen Margolis Park located within the City ("Services"); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, Sourcewell, a State of Minnesota local government unit and service cooperative, issued Request for Proposals RFP #031622, "Artificial Turf and Tracks with Installation, Related Equipment, Materials and Supplies", and on June 21, 2022, approved an award to Contractor for an initial four (4) year term, terminating on May 26, 2026, with the option to renew for one (1) additional one (1) year term; and WHEREAS, the City desires to enter into an agreement with Contractor, using Sourcewell's solicitation information and the Contractor's response thereto, attached hereto as Exhibit "A", as well as the Contractor's proposal to the City for the Services attached hereto as Exhibit `B", subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor, are exempt from the City's competitive bidding procedures; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Exhibit `B" in an amount of Ninety -Five Thousand One Hundred Eight Dollars and Eighty -Eight Cents ($95,108.88), with a ten percent (10%) contingency of Nine Thousand Five Hundred Ten Dollars and Eighty -Nine Cents ($9,510.89), if needed, for a total contract amount not to exceed One Hundred Four Thousand Six Hundred Nineteen Dollars and Seventy -Seven Cents ($104,619.77). NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of Sourcewell issued Request for Proposal ("RFP") RFP # 031622, "Artificial Turf and Tracks with Installation, Related Equipment, Materials and Supplies" and Contractor's response thereto which are specifically incorporated herein as Exhibit "A", as well as Contractor's Proposal to the City which is incorporated herein as Exhibit "B" (hereinafter referred to as "Contract Documents"). 3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in the Contract Documents, as more particularly described in Contractor's proposal to the City attached hereto as Exhibit `B" (hereinafter referred to as "Services"). 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 workmanlike 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 all 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 befitting 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 for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall be for a period of four (4) months, beginning when this Agreement is fully executed by both parties. Contractor is to commence performance of the Services from the date of this Agreement and continue in a diligent manner until completion of the Services. The terms of Sections 18 and 19 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor for Services performed under this Agreement, in a total amount of Ninety -Five Thousand One Hundred Eight Dollars and Eighty -Eight Cents ($95,108.88) as more particularly set forth in Contractor's Proposal, attached hereto as Exhibit "B". There shall be a contingency in the amount of Nine Thousand Five Hundred Ten Dollars and Eighty -Nine Cents ($9,510.89), which may only be released upon written authorization of the City, thereby bringing the total contract not to exceed amount to One Hundred Four Thousand Six Hundred Nineteen Dollars and Seventy -Seven Cents ($104,619.77). BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax The City agrees to pay Contractor a deposit equal to 50% of the Compensation, in the amount of Forty -Seven Thousand Five Hundred Fifty -Four Dollars and Forty -Four Cents ($47,554.44), upon the full execution of the Agreement. The City shall pay the remaining balance of the total compensation after successful completion of the Services. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the schedule of charges as reflected in Exhibit `B", under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payment will be made by the City in accordance with the Invoicing provisions contained in Sourcewell's RFP # 031622 attached hereto as Exhibit "A". 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 contract number assigned hereto. C. 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 Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. d. 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. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. 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 BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 services 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 duties under this Agreement. 7. 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 or employees, as indicated below: a. Workers' Compensation and Employer's Liability. Worker's Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below. Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease b. Commercial General Liability Insurance. Contractor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate C. Commercial Automobile Liability Insurance. During the term of this Agreement, Contractor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax d. Umbrella Insurance. During the term of this Contract, Contractor will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 e. Network Security and Privacy Liability Insurance. During the term of this Contract, Contractor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Contractor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy 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 named as additional insured. 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. Contractor shall also require and ensure that each of its sub -Contractors 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 REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. WARRANTY OF SERVICES. It is intended by the Parties that the City obtain the most expansive warranty services available in the Contract Documents. Unless otherwise provided in Exhibits "A" and "B", the Contractor's Warranty of Services shall be as follows: 8.1 The Contractor shall warrant the labor performed for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 8.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 8.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. 9. DEFECTIVE WORK. 9.1 The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non -defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. 9.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. 9.3 If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 9.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 9.5 Where the City or its designee becomes aware of faults, defects or non -conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. 10. TERMINATION AND REMEDIES FOR BREACH. 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 prepared 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 l0A(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. 11. CONFIDENTIAL 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, BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 law or in equity, to enjoin the Contractor from violating such provisions. 12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. 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 parry 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. 13. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either parry 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: Stan Morris With a copy to: City Manager Edward Dion, Esq. City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: 305 792-1766 If to the Bobby Cremin Contractor: Owner Bob Cremin Holdings, LLC d/b/a Forever Lawn North Miami 19 Heritage Drive Easton, CT 06612 bobb nmiami.foreverlawn.com 14. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI g City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (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 term 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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA 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, CityClerk@sibfl.net, 18070 Collins Avenue, 41' Floor, Sunny Isles Beach, Florida 33160. 15. 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. 16. 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 1975, 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 free 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 BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 17. 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 the City of Sunny Isles Beach Ordinance No. 99-82, 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 Services under this Agreement. 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 contract or to any benefit arising therefrom. 18. 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 cause, in whole or in part, by the professional 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. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 19. 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, BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Exhibit "A", `B", "C" and "D". 21. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized Companies that Boycott4srael List or that is engaged in the boycott of Israel is prohibited. Contractors 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 July 1, 2018 shall be 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 Exhibit "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 287.135. 22. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Exhibit "D". BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 23. 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. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. 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. [Remainder of page intentionally left blank] BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: . e �A 41' �- za & Signature � o,nCote4111, Print Name ATTEST: Mauri Io Bdtanc CMC Citv Clerk Department Head BCREMIN HOLDINGS, LLC D/B/A FOREVERLAWN NORTH MIAMI Bobby Cremin, Owner CITY OF SUNNY ISLES BEACH BY: Aa @&oKbinGo71dd-7man7,Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: war A. Dion, City Attorney BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 13 ��RNMEN7gN0 V� FSG z H Sourcewell RFP #031622 REQUEST FOR PROPOSALS for Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies Proposal Due Date: March 16, 2022, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than March 16, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published Pre -proposal Conference Question Submission Deadline: Proposal Due Date: Opening: January 27, 2022 February 23, 2022, 10:00 a.m., Central Time March 8, 2022, 4:30 p.m., Central Time March 16, 2022, 4:30 p.m., Central Time Late responses will not be considered. March 16, 2022, 6:30 p.m., Central Time See RFP Section V.G. "Opening" Rev. 3/2021 Sourcewell RFP #031622 Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies Page 1 ) \ ) . / .2 ) ) � \\ � \lo ) ,\ ƒ|\ {k \ 04 EE E »!!§¥ 2 ! E. [ k! / ) �" |§} - .2 f :_ )(o 0 ty �� 2 . - $) - \� a ; ;m 1. u;G� § J ! � \ \ \ / o \lo ) ,\ ƒ|\ {k EE »!!§¥ E. K9Grass 15 -Year Limited Warranty and Closed Loop Warranty System Warranty valid upon registration. The ForeverLawn® Fifteen Year Limited Warranty is part of our Closed Loop Warranty System, which registers your K9Grasse purchase and ensures premium service over the life of the product. Registration of your K9Grass purchase connects the product with the address of installation or use and connects you, the warranty holder, directly with the warranty provider—ForeverLawn Inc. ForeverLawn Inc. warrants that your K9Grass product will be free from defects in materials for a period of fifteen (15) years from the original purchase date. Additionally, ForeverLawn Inc. warrants against excessive or premature wear (stipulated as more than 20% decrease in pile height defined by the specifications sheet) and ultraviolet degradation. Transferability: Upon registration, the warranty is connected to the address of use or installation and becomes transferable to a new owner of the property. Because the Closed Loop Warranty System links the K9Grass purchase to an address, notification of a change in ownership is not required; however, if you would like to update the owner contact information in our Closed Loop Warranty System, you can do so by e -mailing us at warranty@foreverlawn.com. What is not covered: • Damage from misuse, abuse such as digging or chewing, or vandalism. • Damage from external sources including, but not limited to, flames or heat from barbeque grills or vehicle exhaust. • Damage caused by magnified light sources including window reflection or other light magnifying or reflective objects. • Damage caused by vehicles or heavy equipment driving on the turf. • Normal wear and tear including, but not limited to, laying down or compression of fibers and discoloration due to residue build up on the fibers. • Conditions arising from a change in site condition such as shifting earth or nearby structures. • Acts of God such as, but not limited to, fire, flood, and lightning damage. • Installation related issues. What you must do: • Identify problem area with photographs and documentation. • Contact ForeverLawn Inc. via telephone (866.992.7876) or e-mail (warranty@foreverlawn.com) with description and documentation of issue. Include in this contact: name, contact information, and address of installation. What we will do: • ForeverLawn Inc., at its discretion, will repair or provide replacement for the defective product or component at a cost to the purchaser/owner based on the following table. The "price" is the cost of the defective product or component at the time the warranty claim is made, or the price of a comparable product or component if the original product or component is no longer in production. • This warranty covers replacement product and re -installation of defective turf when installed by an exclusive ForeverLawn dealer. Months After Original Purchase Date Purchaser/Owner's Cost 0-36 months No cost 37-48 months 30% of replacement price 49-60 months 50% of replacement price 61-84 months 60% of replacement price 85-108 months 70% of replacement price 109-144 months 80% of replacement price 145-180 months 85% of replacement price Limitations: • Your exclusive remedy, IN LIEU OF ALL INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR NEGLIGENCE, is limited to repair or replacement of any product or component deemed to be defective under the terms and conditions stated above. ForeverLawn Inc. will bear no other damages or expenses. • Repair or replacement of a product or component under the terms of this limited warranty in no way lengthens the limited warranty period. Outside the terms and conditions specifically outlined herein, ForeverLawn Inc. does not make any representations or warranties, whether written or oral, statutory, express or implied, including without limitation, any warranty of merchantability or of fitness for a particular purpose. ForeverLawn Inc. disclaims any liability for any special, incidental, or consequential damages of any nature whatsoever. Fo4erLawtri ForeVerLawn NORTH MIAMI Project Specifications Scope of Work Remove grass and top layer of dirt 3-4" deep Install synthetic 2"x4"nailer board around perimeter of areas and around requested trees Install 3-4" 3/8"angular limestone gravel base, level and compact Lay out and install Foreverl-awn K9 Classic+, including trimming, seaming and attaching to nailer boards Clean up work space [1025] Rev. 01 Sep 1, 2022 Fo4erLawn NORTH MIAMI Product Detail K9Grass@ by ForeverLawn® K9Grass® is the artificial grass designed specifically for dogs. No other surfacing product offers the exclusive flow- through backing, short, dense blade structure, infill -free design, and antimicrobial protection of K9Grass. When seeking a superior surfacing solution for dogs, look no further than K9Grass by ForeverLawn. Pet facilities benefit from long-term savings, added cleanliness, and increased revenues they see after installing K9Grass. Homeowners enjoy a yard without spots, and pets that don't dig holes or track mud into the house. Our patented K9Grass Flushing System even allows for successful indoor installations. Safe, clean, beautiful, and durable — K9Grass is everything you want and need from a surfacing product. PRODUCTS PROPOSED K9Grass® Classic+ Durable, drainable, cleanable, and antimicrobial. High performance with extreme durability and superior realism. Tech Specs 4Grasl [1025] Rev. 01 Sep 1, 2022 Fo4erLawn NORTH MIA111 K9Grass System Installed over soil with softscape and hardscape edges Proprietary knitted Flow -Through Backing"' Stainless steel staples Ve ` Grass blades are knitted creating a mesh backing Typically 1" narrow crown Hardscape edge --- i Concrete sidewalk, curb, pavers, etc. / Plastic 2x2'//// Typically recessed 1/2" from adjacent walking surfaces Mrass by ForeverLawn° Concrete anchor i / Highly drainable aggregate 3/8"-1/2" angular stone Typical depth of T'4" Rebar // Holds the board into place KIlGrass® ly For4rLawti Stainless steel staples Nailer board Typically plastic 2x4 Softscape surface i.e. large decorative stones Soil Allows liquids to percolate 866.992.7876 • foreverlawn.com 9211111 CAD® By K. Karmie 10/20 Fo4erLawn 8007 Beeson St., Louisville, OH 44641 Scale Not to scale microsite.caddetails.com/1148 Drawing No. I M1599 [1025] Rev. 01 Sep 1, 2022 ForeVerLawtt NORTH MIAMI Pricing Name Price QTY Subtotal Foreverl-awn K9 Classic+ $6.52 8184 $53,359.68 PSF Ground Removal $0.50 8184 $4,092.00 PSF Perimeter Boards $4.50 548 $2,466.00 Per Linear Foot Gravel Base $0.90 8184 $7,365.60 PSF Installation $3.15 8184 $25,779.60 PSF Supplies $0.25 8184 $2,046.00 PSF Subtotal $95,108.88 Tax $0.00 Total $95,108.88 [1025] Rev. 01 Sep 1, 2022 Fo4erLawn NORTH MIAMI# A warranty is only as good as the company behind it. That is why the ForeverLawn warranty is the best in the industry. With over ten years and tens of thousands of successful projects, ForeverLawn is proud to offer another ground -breaking industry first: the ForeverLawn Closed <hp` Loop Warranty System (CLWS). The CLWS closes the loop between customer, t,, i y p installed, and manufacturer. / o iV The ForeverLawn CLWS isn't just a collection of words on paper, it is a thorough I `I 1! i warranty system backing up a superior synthetic grass product. What else would you expect from a company built on integrity, quality, and innovation? What Makes our Warranty Superior? Ultimate Peace Completely Fully Simply Satisfaction. of Mind. Streamlined. Transferable. Reliable. A guarantee that Protection for your Online registration Adding value From a company we're willing to investment from and superior claims to your installation older than the stand behind. day one. tracking. for years to come. warranty itself. A Warranty you can Trust. "Because integrity is a core value of ForeverLawn, we stand behind every promise we make." [1025] Rev. 01 Sep 1, 2022 OF SUNNY �q�eSe f r n V _ P CONTRACTOR ANTI -BOYCOTT CERTIFICATION <'DD> - S C�>> ♦ p S N [PURSUANT TO FLORIDA STATUTE § 287.1351 �,� �Or on behalf of ft,� N, � , Print Name Company Name certifies that�0« Je` .*, , NA MO^- does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. XA Signat e Title I Date Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.a-verify.gov/emplovers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Company Name Offeror Signature Print Name Federal Employer Identification Number (FEIN) Date Title Sworn to and subscribed before me on this this day of 12022. By ❑ Is personally known to me ❑ Has produced identification (type of identification produced: ) Signature of Notary Public Print or Stamp of Notary Public Expiration Date C,rt OF 54F N' t�T'4 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Gayle Vasile, Cultural & Community Services Director DATE: October 20, 2022 RE: Ratifying an Agreement with ForeverLawn for Artificial Turf at the Dog Party at Senator Gwen Margolis Park RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The Bone Zone, our leash -free dog park located at Senator Gwen Margolis Park, continuously require! sod replacement to maintain it as a quality facility. This is due to the large shade trees and plenty of dog activity. In addition to the expense, this creates a great inconvenience to our dog park users when it must remain closed during the restoration process. The Cultural and Community Services Department budgeted for, and City Commission approved, tc replace the natural sod with artificial turf last fiscal year to resolve this issue with a long-term solution and ultimate cost savings. To ensure that we proceeded with the best solution for our exact situation, a recommended product and installation was finalized in September 2022 to utilize the budgeted funds. We recommend a ratification of the attached agreement with Forever Lawn North Miami in an amount of $95,108.88, plus a 10% contingency for a not to exceed contract amount $104,619.76 for purchase and installation of the artificial turf lawn at the Bone Zone at Senator Gwen Margolis Park. ADDITIONAL INFORMATION: This Agreement is entered into through a piggyback of a Sourcewell contract which includes a 10% discount from original pricing. The product is an artificial turf designed specifically for dog parks named K9 Classic+. FUNDING SOURCE: Item Number: 10.E Funds have been appropriated in account no. 001-6-5720-463000-00000. ATTACHMENTS: Resolution Agreement Item Number: 10.E