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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 9 �n U IS Y na�.w�OP. yf 'D9�♦ fLOp'� O`'� N QTY OF SU33 F 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. Brightview Landscape Services, Inc. Page 5 of 16 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, Brightview Landscape Services, Inc. Page 8 of 16 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. Brightview Landscape Services, Inc. Page 9 of 16 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