HomeMy WebLinkAboutReso 2023-3556RESOLUTION NO. 2023-
A
023
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, WAIVING THE BIDDING REQUIREMENTS SET FORTH IN CHAPTER 62
OF THE CODE OF ORDINANCES; APPROVING AN AGREEMENT WITH
BRIGHTVIEW LANDSCAPING, INC. TO PROVIDE LANDSCAPING MAINTENANCE
SERVICES FOR CITY RIGHT-OF-WAYS AND FACILITIES, IN AN AMOUNT NOT TO
EXCEED NINE HUNDRED THOUSAND DOLLARS AND NO CENTS ($900,000.00);
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, in 2018, the City of Sunny Isles Beach ("City") issued and awarded Invitation
to Bid No. 18-03-03 (the "ITB") to Lukes' Landscaping Inc. ("Lukes") to provide landscape
maintenance services for City right-of-ways and facilities ("Services") for an initial term of
twenty-six (26) months, with the option to renew for three (3) additional one (1) year terms
("Initial Agreement"); and
WHEREAS, on September 17, 2020, via Resolution No. 2020-3108, the City Commission
ratified a First Amendment to the Initial Agreement assigning all contractual interests to
Brightview Landscaping, Inc. ("Brightview"); and
WHEREAS, in subsequent years, the City exercised each of the three (3) renewal options
provided in the Initial Agreement; and
WHEREAS, the fourth and final renewal option is set to expire on September 31, 2023;
and
WHEREAS, Brightview has expressed their desire and ability to continue providing the
Services to the City for an additional one (1) year period, until September 2024, with a five (5)
percent contract rate increase; and
WHEREAS, the City Manager directed City staff to conduct a due diligence review and
market trend analysis ("Analysis") for comparables to the City's desired Services; and
WHEREAS, upon completion of the review, the City Manager has recommended waiving
the bidding requirements of Chapter 62 of the City's Code, as it is in the best interest of the
City; and
WHEREAS, pursuant to section 62-12 of the City's Code, the City Commission may
authorize the waiver of competitive bidding procedures upon the City Manager's
recommendation; and
WHEREAS, the City Commission wishes to waive the bidding requirements of Chapter 62
of the City's Code and approve an Agreement with Brightview to provide the Services for a one-
year period, in an amount not to exceed Nine Hundred Thousand Dollars and No Cents
($900,000.00), attached here to as Exhibit "A".
@BCL@E807E1E3.Doc Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Waiver of Bidding Requirements. The City Commission hereby waives the
bidding requirements set forth in Chapter 62 of the City Code.
Section 2. Approval of Agreement. The City Commission hereby approves an Agreement
with Brightview Landscaping, Inc. to provide landscape maintenance services for the City's
right-of-ways and facilities for a period of one (1) year, in an amount not to exceed Nine
Hundred Thousand Dollars and No Cents ($900,000.00), attached here to as Exhibit "A".
Section 2. Authorization of the 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 shall become effective upon adoption.
PASSED AND ADOPTED upon this 21St day of Sepeembei 2023.
Larisa Svechin, Mayor
ATTEST: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
e
Mauricio Betancur, C C, City Clerk Ain E. Boi eau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by: r.�!' `F Seconded by: Z! -
Vote:
Mayor Svechin {°Yes) (No)
Vice Mayor Joseph ]��Yes) (No)
Commissioner Lama (Yes) No)
Commissioner Stuyvesant (Yes) iJ (No)
Commissioner Viscarra Z(Yes) (No)
@BCL@E807E1E3.Doc Page 2 of 2
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AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND BRIGHTVIEW LANDSCAPE SERVICES, INC.
CONTRACT NO. 2023-6603
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate,
this JLS�day of September, 2023, by and between the CITY OF SUNNY ISLES BEACH,
Florida, (hereinafter referred to as "City"), and BRIGHTVIEW LANDSCAPE SERVICES,
INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as
"Contractor") whose Federal I.D. # is 95-4194223.
RECITALS
WHEREAS, the City is in need of a Contractor to provide recurring Landscape
Maintenance Services throughout the City's rights-of-way, as well as City Facilities, including bus
shelters, parking lots, and beach access paths, as more particularly described in the Contractor's
proposal, attached hereto as Attachment "A," which is incorporated herein by reference ("Basic
Services); and
WHEREAS, the City is also in need of a Contractor to provide supplemental on -demand
Landscape Maintenance Services throughout City's rights-of-way and City Facilities
("Supplemental Services"); and
WHEREAS, Contractor is qualified, willing and able to provide the desired Basic and
Supplemental Services (hereinafter collectively "Services") subject to the terms and conditions
contained herein; and
WHEREAS, pursuant to the City's procurement code, Section 62-12, "[t]he City
Commission may authorize the waiver of competitive bidding procedures upon the
recommendation of the City Manager that it is in the City's best interest to do so, to obtain
goods and services which cannot be acquired through the normal purchasing process due
to insufficient time, the nature of the goods or services, or other factors;" and
WHEREAS, the City Manager has recommended that waiver of the competitive
bidding procedures as it relates to the Services, and under the terms and conditions set
forth herein, are in the City's best interests; and
WHEREAS, the City has conducted a good faith review of available sources and
negotiation as to price, delivery and terms for the Services; and
WHEREAS, the City desires to enter into this Agreement with Contractor to provide the
recurring Basic Services in a total amount not to exceed Five Hundred Twenty -Three Thousand
Eight Hundred Fifty Dollars and Forty -Four Cents ($523,850.44), and Supplemental Services in
an amount not -to -exceed Three Hundred Seventy -Six Thousand One Hundred Forty -Nine Dollars
and Fifty -Six Cents ($376,149.56), in accordance with Attachmente "A," for a total contract not -
to -exceed amount of Nine Hundred Thousand Dollars and No Cents ($900,000.00); and
NOW THEREFORE, in consideration of the promises and the mutual covenants herein,
the Parties agree as follows:
Brightview Landscape Services, Inc. Page 1 of 16
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 the Services, as more particularly described in
Attachment "A." 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 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.
3. TERM. Subject to the provisions relating to the termination of this Agreement as
set forth in Section 8 hereunder, the term of this Agreement shall have an effective commencement
date of October 1, 2023, and shall terminate on September 30, 2024. There shall be no renewal
terms.
Payment will be made only for work completed to the satisfaction of the City. The terms of
Sections 16 and 18 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
Basic Services, on a recurring basis, in a total amount not to exceed Five Hundred Twenty -Three
Thousand Eight Hundred Fifty Dollars and Forty -Four Cents ($523,850.44), and Supplemental
Services in an amount not -to -exceed Three Hundred Seventy -Six Thousand One Hundred Forty -
Nine Dollars and Fifty -Six Cents ($376,149.56), in accordance with Attachment "A," for a total
contract not -to -exceed amount of Nine Hundred Thousand Dollars and No Cents ($900,000.00).
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 "A," 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 recurring monthly Basic Service payments of
Forty -Three Thousand Six Hundred Fifty -Four Dollars and Twenty Cents
Brightview Landscape Services, Inc. Page 2 of 16
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
($43,654.20). All Supplemental Services, not previously described as Basic
Services, will be invoiced at the unit rate, as described in Attachment "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
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 Adjustment 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
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.
E. 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. 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
Brightview Landscape Services. [tic. Page 3 of 16
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 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 duties under this Agreement.
6. 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. Comprehensive General liability insurance, including broad form contractual liability
coverage for all operations, including, but not limited to, contractual, products, and
completed operations, personal injury and property damage liability with minimum
limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars
($2,000,000.00) aggregate.
B. Worker's Compensation and employer's liability coverage, as required pursuant to
Florida law.
C. Business Automobile Liability which shall include coverage for all owned, non -owned
and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily
injury and Five Hundred Thousand Dollars ($500,000) per accident for property
damage.
The Commercial General Liability, and Automobile policies must include the City of Sunny Isles
Beach as Additional Insured, be based on a Primary /Non -Contributory basis, and include a Waiver
of Subrogation on behalf of the City of Sunny Isles Beach.
Workers' Compensation must include a Waiver of Subrogation on behalf of the City of Sunny
Isles Beach.
7. DEFECTIVE WORK.
A. 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.
Briginview Landscape Services, Inc. Page 4 of 16
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
B. 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.
C. 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 warranty
provided, 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.
D. 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.
E. 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.
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 thirty (30) days to cure such default. If the default
remains uncured after thirty (30) 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
incurred by the City as a result of paying a third party to cure such failure, which
amounts shall be substantiated with receipts or invoices reflecting payments made.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 will only be responsible for paying the Contractor for
Services satisfactorily performed prior to the date of termination. Under
no circumstances will the City be responsible for monthly service charges
for the remaining, unexpired portion of the then existing term.
2. 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 thirty (30) days written notice. The terms of Paragraph I IA(1) and A(2)
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.
9. 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 this
Agreement expires or is terminated, 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 law or in equity, to
enjoin the Contractor from violating such provisions.
10. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not
subcontract, assign, or transfer any work under this Agreement without the prior written consent
of the City. Should the Contractor subcontract any services under this Agreement, it shall be done
with continued liability for the Contractor. The Contractor shall remain responsible for services,
responsibilities, and liabilities of any person or entity acting under Contractor.
11. 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 electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by
Brightview Landscape Services, Inc. Page 6 of 16
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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
City Attorney
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Ave.
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
Tel: (305)-792-1701
Tel: (305)-792-1702
smorrisgsibfl.net
aboileaugngnlaw.net
If to the Contractor:
Charles Gonzalez
Senior Vice President
2711 SW 36th Street
Dania Beach, FL 33312
Tel: (954) 43 1 -1111
Charles.Gonzalezgbrighty iew.com
12. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform the
service.
B. 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.
C. 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.
D. 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
Brightview Landscape Services, Inc. Page 7 of 16
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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, 4th Floor, Sunny Isles Beach, Florida 33160.
13. 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.
14. 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 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.
15. 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.
16. 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,
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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. The parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Contractor for the indemnification set forth in this Agreement.
17. 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 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.
18. 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.
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City of'Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
19. CONFLICTING PROVISIONS. The terms and conditions 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 Contractor's proposal attached hereto as Attachment "A."
20. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not
subcontract, assign, or transfer any work under this Agreement without the prior written consent
of the City. Should the Contractor subcontract any services under this Agreement, it shall be done
with continued liability for the Contractor. The Contractor shall remain responsible for services,
responsibilities, and liabilities of any person or entity acting under Contractor.
21. 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 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 Attachment `B." 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.
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 Consultant enters into a contract with a
subcontractor, the subcontractor must provide the Consultant 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, Consultant is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Consultant during the
contract term. Further, Consultant must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Consultant 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
Brightview Landscape Services, Inc. Page 10 of 16
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Consultant must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "D."
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. 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.
D. 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.
E. This Agreement contains the entire agreement of the parties, and may be amended,
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 term, 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]
Brightview Landscape Services, Inc. Page I I of 16
Citta of Stunt), Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
BRIGHTVIEW LANDSCAPE
SERVICES, INC.
BY:
Charles Gonzalez, Senior Vice -President
STATE OF FLO jJDA:
COUNTY OF �vlt�rl Cc
The foregoing instrument was acknowledged before me by means of E7 physical presence or ❑
online notarization, this day of September, 2023, by Charles Gonzalez, as Senior Vice -
President of Brightview Landscape Services, Inc.
(SEAL)
...... PATRICIA SOTO
"':
, ; MY COMMISSION # GG 929629
EXPIRES: November 6, 2023
y�F°c;°�'• Bonded Thru Notary Public Underwriters
Personally Knownor Produced Identification
Type of Identification Produced:
Notary Publi State of loVida
(Signature of o lic)
bIU
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
Brightview Landscape Services, Inc. Page 12 of 16
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATTEST,'A, / I CITY OF UN Y ISLES BEACH
BY: BY:
M*uiB tancui CMC, City Clerk Larisa S chin, Mayor
Department Head
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Brightview Landscape Services, Inc. Page 13 of 16
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
Brightview Landscape Services, Inc. Page 14 of 16
2711 SW 36th Street
Dania Beach FI. 33312
954.431.1111
GROUP "A" RIGHTS-OF-WAY
BrightView
Landscape Services
FY2023 10/1/2023-9/31/2024
Ref No.
DESCRIPTION
5% CPI Increase
5% CPI Increase
Collins Avenue (including
10' easement on west side
Al
from 195 St. to 156 St.)
$ 154,654.50
$162,387.23
Sunny Isles Boulevard
A2
(eastbound and
$ 28,119.00
$29,524.95
westbound including
Business Loop)
A3
William Lehman Causeway
$ 1,365.00
$1,433.25
A4
174th Street (including
$ 42,178.50
$44,287.43
medians)
A5
158th Street/Bayview
$6,748.56
$7,085.99
Drive
A6
159th Street/Kings Point
$ 9,279.27
$9,743.23
Drive
A7
Atlantic Isles Entrance &
$ 5,623.80
$5,904.99
Bridge
Isle Bridge planters and
A8
WASA Pump
$ 5,623.80
$5,904.99
Station
A9
Atlantic Isles Cul-de-sac
$ 2,811.90
$2,952.50
North Bay Road (from S.
A10
Isles Blvd. to 172
$ 6,748.56
$7,085.99
St.)
172nd Street
All
(from N. Bay Road to
$ 5,623.80
$5,904.99
Collins Ave.
175th Terrace
Al2
(from Atlantic Blvd. to
$ 1,405.95
$1,476.25
Collins Ave.
North Bay Road
A13
(from 174 St. to 183 St.)
$ 7,029.75
$7,381.24
Subtotal Section
A $ 323,044.26 $339,196.47
GROUP "B" BUS SHELTER AND BENCH
Ref No. I DESCRIPTION I
Increase I Increase
B1
Atlantic Boulevard
$ 4,217.85
$4,428.74
A14
(from 175 Terr. to 183 St.)
$ 5,061.42
$5,314.49
177th Drive
A15
(from Church Dr. to
$ 1,687.14
$1,771.50
Atlantic Blvd.
Church Drive
A16
(from 178 Dr. to 177 Dr.)
$ 1,687.14
$1,771.50
178th Drive
A17
(from N. Bay Rd. to Collins
$ 1,687.14
$1,771.50
Ave.
178th Street
A18
(from N. Bay Rd. to Collins
$ 2,249.52
$2,362.00
Avenue
A19
179th Drive(from N. Bay
$ 2,249.10
$2,361.56
Rd. to 178 St.)
A20
180th Drive(from N. Bay
$ 2,249.10
$2,361.56
Rd. to Atlantic Blvd.)
A21
181st Drive(from N. Bay
$ 2,249.10
$2,361.56
Rd. to Atlantic Blvd.)
A22
182nd Drive(from N. Bay
$ 2,249.10
$2,361.56
Rd. to Atlantic Blvd.)
A23
183rd Street(from N. Bay
$ 2,249.10
$2,361.56
Rd. to Atlantic Blvd.)
A24
Bridgefrom 174th St. to
$ 6,467.37
$6,790.74
172nd St.
A25
Daily Litter Pickup for
$ 11,247.60
$11,809.98
B1—B2(7 Days A Week,
Twice per Day)
A26
Daily Litter Pickup for
$ 4,499.04
$4,723.99
B3—B23(7 days A Week —
Once per Day)
Subtotal Section
A $ 323,044.26 $339,196.47
GROUP "B" BUS SHELTER AND BENCH
Ref No. I DESCRIPTION I
Increase I Increase
B1
(3) Extra -Large Bus Shelter
$ 4,217.85
$4,428.74
location
B2
(35)Large Bus Shelter
$ 6,186.18
$6,495.49
Under the William Lehman
location
$ 22,495.20
C1
B3
(8)Small Bus Shelter
$ 2,530.71
$2,657.25
Bride East/West
location
$4,428.74
Subtotal Section
Isles Boulevard
$ 12,934.74
$13,581.48
B
$ 1,405.95
Ramp
GROUP "C" PARKING LOTS
Ref No.
DESCRIPTION 5% CPI Increase
5% CPI Increase
Under the William Lehman
Government Center 18070
$ 22,495.20
C1
Causeway
$ 4,217.85
Bride East/West
Stormwater Pond at Sunny
$4,428.74
Under the north bound
Isles Boulevard
$ 11,247.60
C2
William Lehman Flyover
$ 1,405.95
Ramp
$1,476.25
C3
Ellen Wynne Parking
$ 2,811.90
Lot/Beach Access
Pier Park Parking Lot
$2,952.50
C4
$ 8,435.70
(including fishing pier)
$8,857.49
C5
Bella Vista Parking Lot
$ 4,499.04
$4,723.99
Parking lot behind the
C6
Walgreens
$ 1,687.14
at 17534 Collins Avenue
$1,771.50
Daily Litter Pickup for E1—
C7
E6
0
7 Da s A Week
$0.00
Subtotal Section
$ 23,057.58
$24,210.46
C
GROUP "E" GOVERNMENT FACILITIES
Ref No. I DESCRIPTION I 5% CPI I 5% CPI
Increase I Increase
Sunny Isles Beach
D1
Government Center 18070
$ 22,495.20
$23,619.96
Collins Avenue
Stormwater Pond at Sunny
D2
Isles Boulevard
$ 11,247.60
$11,809.98
and Collins Avenue
GROUP "D" BEACH ACCESS PATHS
Ref No. DESCRIPTION 51,6' CPI 5116' CPI
Increase Increase
Stormwater Pond at Sunny
D3
Isles Boulevard
$ 5,623.80
$5,904.99
and North Bay Road
B2
Stormwater Pond at Sunny
$ 2,775.58
$2,914.36
D4
Isles
$ 4,217.85
$4,428.74
Boulevard on West end
D5
Norman S. Edelcup K-8
$ 16,871.40
School
$17,714.97
Public Works Compound
D6
under Wm
$ 5,623.80
$5,904.99
Lehman Causeway
Daily Litter Pickup for F1—F6
D7
(7 Days A Week)
$ 5,623.80
$5,904.99
Town Center Conservation
D8
Area
$ 8,435.70
$8,857.49
(17620 Atlantic Blvd.)
Bella Vista Conservation Area
D9
(500 Sunny Isles Blvd.)
$ 4,217.85
$4,428.74
Subtotal Section
$ 84,357.00
$88,574.85
D
GROUP "D" BEACH ACCESS PATHS
Ref No. DESCRIPTION 51,6' CPI 5116' CPI
Increase Increase
Regalia (north side)
B1
19501 Collins Avenue
$ 2,775.58
$2,914.36
Oceans I (north side)
B2
19405 Collins Avenue
$ 2,775.58
$2,914.36
William `Bill' Lone
B3
19101 Collins Avenue
$ 2,775.58
$2,914.36
Cecile Sippin
B4
Near 189th Street on Collins
$ 2,775.58
$2,914.36
Avenue
Future location of Varadero
B5
IV
$ 2,775.58
$2,914.36
18801 Collins Avenue
B6
Marenas (north side)
$ 2,775.58
$2,914.36
18683 Collins Avenue
B7
Millennium (north side)
$ 2,775.58
$2,914.36
18671 Collins Avenue
Porsche Design Tower(North
B8
Side)
$ 2,775.58
$2,914.36
18555 Collins Ave
Porsche Design Tower (South
B9
Side)
$ 2,775.58
$2,914.36
18555 Collins Ave
Trump Beach Resort (south
side)
B10
18001 Collins Avenue
$ 2,775.58
$2,914.36
combined w/ Acqualina
(north side)
Walter Bresslour
B11
Near 178th Street on Collins
$ 2,775.58
$2,914.36
Avenue
Pinnacle (north side)
combined w/
B12
17555 Collins Avenue
$ 2,775.58
$2,914.36
Mansions at Acqualina
(south side)
Florida Ocean Club (north
B13
side)
$ 2,775.58
$2,914.36
17275 Collins Avenue
Ocean IV (south side)
B14
17201 Collins Avenue
$ 2,775.58
$2,914.36
combined w/ Muse (north
side)
B15
Jade Ocean (north side)
$ 2,775.58
$2,914.36
17121 Collins Avenue
Jade on the Beach (south
side) combined
W/
B16
17001 Collins Avenue
$ 2,775.58
$2,914.36
combined w/ Future location
of Jade Signature (north
B17
Oceania (south side)
$ 2,775.58
$2,914.36
16425 Collins Avenue
B18
Sayan (north side)
$ 2,775.58
$2,914.36
16275 Collins Avenue
Trump Tower III (south side)
15811 Collins Avenue
B19
combined w/ Ritz Carlton
$ 2,775.58
$2,914.36
Residences (north side)
B20
Trump Tower 1
$ 2,775.58
$2,914.36
Subtotal Section
B
$55,511.60
$58,287.18
TOTAL $498,905.18
$523,850.44
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "B"
Brightview Landscape Services, Inc. Page 15 of 16
MARKET ANALYSIS BASED ON HISTORICAL BID TABULATIONS
City of Sunny Isles Beach — Right -of -Ways &Facilities Maintenance Bid
2018*
2020**
RIGHT-OF-WAYS AND
NAME OF
FACILITIES LANDSCAPE
CITY LANDSCAPING
% INCREASE FROM
BIDDER:
MAINTENANCE
SERVICES
2018 to 2020:
'
Lukes'
*
$482,417.50
ass
*Lukes' assigned
g
N/A
Sawgrass
AWARDED BID
contractual interest to
Landscape
`
Brightview.
Brightview
$800,848.25
$1,160,632.54
19%
Landscape
*Due to the substantial
Services
PARKS: $586,288.04
increase on ROW, the city
ROW: $574,344.50
awarded Visualscape the 2020
ITB Parks, and remained in the
2018 contract for R -O -W with
Brightview (F/K/A Lukes'). The
proposed 10/1/23-9/31/2024
amount for monthly recurring
services for Brightview is
$523,850.44.
Visualscape,
No bid
$1,115,150.88
N/A
Inc.
ROW: $793,424.75
PARKS: $321,726.13
SFM Services,
$581,707.46
$1,191,083.52
14%
Inc.
ROW: $661,571.76
PARKS: $529,511.76
Superior
$553,673.00
$1,747,212.25
69%
Landscaping
Lawn Service
ROW: $935,734.25
PARKS: $811,478.00
*Annual Totals based on Monthly Recurring Base Bid
**Bid specifications may be added/removed after advertising a new bid which may affect the
bid total*
City of Sunny Isles Beach — Parks Maintenance
2018*
RIGHT-OF-WAYS AND
FACILITIES
2020**
LANDSCAPE
CITY LANDSCAPING
% INCREASE FROM
NAME OF BIDDER:
MAINTENANCE
SERVICES
2018 to 2020:
Lukes' Sawgrass
$338,030.00
*Lukes' assigned
N/A
Landscape
contractual interest to
Brightview.
Brightview
No bid
PARKS: 586,288.04
N/A
Landscape Services
SFM Services, Inc.
$501,004.12
PARKS: $525,446.76
5%
VisualScape, Inc.
No bid
PARKS: 321,726.13
N/A
AWARDED CONTRACT
Superior Landscaping
$365,680.00
PARKS: $811,478.00
122%
Lawn Service.
Mainguy
$672,296.80
No bid
N/A
Environmental
*Annual Totals based on Monthly Recurring Base Bid
**Bid specifications may be added/removed after advertising a new bid which may affect the
bid total*
Comparison of cities with readily accessible bid tabulations on their websites:
City of Aventura - Parks
NAME OF BIDDER:
2016*
Parks Landscape
Maintenance
Services
2018**
Parks Landscape
Maintenance
Services
% change from
2016 to 2018
Brightview Landscape Services
$398,509.75
$431,220. 88
8%
Lukes' Landscaping, Inc.
$405,535.00
$389,800. 20
-3.9%
Superior Landscaping Lawn Service.
$532,000.00
$1,010,358.00
90%
*Annual Totals based on Monthly Recurring Base Bid
**Bid specifications may be added/removed after advertising a new bid which may affect the
bid total*
City of Aventura - Right -of -Ways, Public Works & Landscape Maintenance Services
2016*
Right -of -Ways,
Public Works &
2022**
Landscape
Right -of -Ways, Public
Maintenance
Works & Landscape
% change from
NAME OF BIDDER:
Services
Maintenance Services
2016 to 2022
Lukes' Landscaping, Inc
$999,477.00
*Lukes' assigned
N/A
contractual interest to
Brightview.
Superior Landscaping Lawn
$1,162,000.00
$1,654,710.00
42% Increase
Service.
Brightview Landscape Services
$1,325,715.50
$952,451.92
-28% Decrease
VisualScape, Inc.
$1,745,273.60
$1,294,477.70
-26% Decrease
*Annual Totals based on Monthly Recurring Base Bid
**Bid specifications may be added/removed after advertising a new bid which may affect the
bid total*
Town of Miami Lakes - Comprehensive Landscape Maintenance Services
NAME OF BIDDER:
2017*
2022**
% Increase
Brightview Landscape Services
Grounds Maintenance
Grounds Maintenance
from 2017 to
Gorgeous Landscapes & Lawns,
Services for Pocket Parks
Services for Pocket
2022
SFM Services, Inc.
and Street
Parks and Street
52%
NAME OF BIDDER:
Rights of Way/Medians
I Rights of Way/Medians
62%
Town of Miami Lakes had multiple bid submissions, however tabulations were not readily available
online
SFM Services, Inc.
$802,795.81
$1,100,818.60
37,9
AWARDED BID
AWARDED BID
Village of Key Biscayne - Comprehensive Landscape Maintenance Services
NAME OF BIDDER:
2020*
Comprehensive
Landscape
Maintenance
Service
2023**
Comprehensive
Landscape and Parks
Maintenance Service
% Increase
from 2020 to
2023
Brightview Landscape Services
$1,019.604.65
$1,205,030.53
18%
Gorgeous Landscapes & Lawns,
$885,502.00
No bid
No bid
SFM Services, Inc.
$ 698,547.70
$1,106,514.88
52%
Superior Landscaping Lawn
$1,076,093.90
$1,744,034.08
62%
VisualScape, Inc.
$662,051.04
No bid
N/A
*Annual Totals based on Monthly Recurring Base Bid
**Bid specifications may be added/removed after advertising a new bid which may affect the
bid total*
SUNNY l�f
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
0.
��I'�•i10 0.��y
i 6. SUN
[PURSUANT TO FLORIDA STATUTE § 287.135]
I, WVI DC7 Mil �n behalf of l
Print Name eompany Name
1620 4t", C .
certifies that S 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.
Signature
Title
Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "C"
Brightview Landscape Services, Inc. Page 16 of 16
E -Verify Affidavit
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.e-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 Namo / 0
OfferorSignature
C/Wec, Z �/
Print Name
Federal Employer Identification Number (FEIN)
Date
Title
Notary Public Information
Sworn to and subscribed before me on this this day of Se 2023.
By -And (_ ) -C-
Is personally known to me
In Has�roduced ider _ ati (ty�e Qf identification produced: )
Signature of 165tary Public ;yo�!PA7RICIASOTO
MY COMMISSION Al GG 929629
• o[= EXPIRES: November 6, 2023
OFBonded Ther Notary Public undervmlers
Vv W v
Pri t or Stamp oNotafy Public Expiration Date
C'7r 3F u.9 ti h+a:i
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Genesis Cuevas, Purchasing Manager
September 21, 2023
Approval of an Agreement with Brightview Landscape Services, Inc., fo
Right -of -Ways and Facilities Landscape Maintenance Services
RECOMMENDATION:
Staff recommends the approval of this Resolution.
REASONS:
In 2018 the city issued and awarded ITB # 18-03-03, titled Right -of -Ways and Facilities Landscape
Maintenance Services to the lowest responsive and responsible bidder, Lukes' Landscaping Inc. Since
then, Lukes' Landscaping has assigned contractual interest to Brightview Landscaping, Inc.
The scope of Work of the ITB was as follows: The Contractor shall provide all labor, materials
equipment, tools, qualified and certified supervision, and other items and services both necessary and
incidental to ensure that the Landscape Maintenance Services are performed in a manner that will
maintain a healthy landscape and present a neat, clean, and professional appearance of all rights-of-
way, bus shelter locations, parking lots and government facilities. The Work shall include, but not be
limited to, weeding, mowing, turf maintenance, edging, pruning, hedge trimming, raking, sweeping,
blowing and vacuuming sidewalks, herbicide applications including preventive and corrective
applications, fertilization and pest management services using Integrated Pest Management principles,
irrigation system maintenance, monitoring and repair, maintaining and replacing, if necessary, any
plants lost due to negligence of the Contractor, seasonal color replacement, removing graffiti on a
daily basis, daily removal of all litter including dead animals, shopping cart removal and litter pick up
Item Number: 10.1
seven days per week, or as defined by the City.
The city's contract with Brightview Landscaping, Inc. for Right -of -Ways and Facilities expires
September 31, 2023, with no options to renew. Prior to expiration, Brightview approached the city
and proposed locking in their contract rates at a 5% increase for an additional year. As a result of this
proposal, the Purchasing Division conducted a Market Trend Analysis of landscaping bid submittals
and noted that bidders increase their bids anywhere between 5% - 122% after an agency goes out for
bid, which is usually every five (5) years, subject to vendor performance.
The City of Sunny Isles Beach intends to directly engage with the city's existing Right -of -Way anc
facilities Contractor, Brightview Landscaping Service, Inc. through a bid waiver, until September 2024,
for a total NTE amount of $523,850.44 for monthly recurring "basic services" and $376,149.56 for
Supplemental "On Demand" services, for a total NTE contract amount of $900,000.Pursuant to
Chapter, Section 62-12. - Waiver of competitive bidding procedures. The City Commission may
authorize the waiver of competitive bidding procedures upon the recommendation of the City
Manager that it is in the City's best interest to do so.
Furthermore, the latest Consumer Price Index (CPI), for Miami -Fort Lauderdale -West Palm Beach as c
June 2023 reflects that area prices are up 6.9% over the past 12 months. Therefore, to pursue cost
avoidance opportunities, the City Manager has determined that utilizing competitive bidding for RO\A
landscape services is not advantageous this year. Additionally, the Parks maintenance contract with
Visualscape has two (2) additional one-year renewals left, if the city elects to renew, the Parks
contract expires October 2024. The city intends on going out for bid in 2024 for Parks and R -O -V1
services combined, opposed to separate ITBs.
Please see attached Market Analysis.
ADDITIONAL INFORMATION:
Why Action is Necessary:
Pursuant to Chapter 62, Section 62-13 Exception to Bid Requirements, (C) Bids and Contracts fron
Other entities, and Section 62-7, the City Manager is authorized to procure all supplies, materials,
equipment, and services from other governmental units, when the best interests of the City would be
Item Number: 10.1
served subject to the requirement that any purchase in excess of $50,000 requires City Commission
approval.
Pursuant to Chapter, Section 62-12. - Waiver of competitive bidding procedures. The City Commissior
may authorize the waiver of competitive bidding procedures upon the recommendation of the City
Manager that it is in the City's best interest to do so, to obtain goods and services which cannot be
acquired through the normal purchasing process due to insufficient time, the nature of the goods or
services, or other factors. Purchases authorized by waiver process shall be acquired after conducting a
good faith review of available sources and negotiation as to price, delivery and terms.
FUNDING SOURCE:
Funds are budgeted in the general fund of the proposed budget.
ATTACHMENTS:
Market Analysis
Resolution
Agreement
Item Number: 10.1