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HomeMy WebLinkAboutReso 2024-3714RESOLUTION NO. 2024 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING INVITATION TO BID NO. 24-06-02 TO, AND APPROVING AN AGREEMENT WITH, BRIGHTVIEW LANDSCAPE SERVICES, INC. TO PROVIDE CITYWIDE LANDSCAPING SERVICES AS THE SECONDARY AWARDEE, IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($500,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") is in need of a contractor to provide citywide landscape maintenance services, on an as -needed basis (the "Services"); and WHEREAS, the City issued and advertised Invitation to Bid No. 24-06-02 (the "Bid") for Citywide Landscape Services, and received three (3) responses with Brightview Landscape Services, Inc. (the "Secondary Awardee") being the second lowest responsive and responsible bidder; and WHEREAS, the Secondary Awardee has represented to the City that it possesses the requisite qualifications, expertise, and licenses to perform all necessary work in connection with the Services specified in the Bid Specifications; and WHEREAS, the City Commission wishes to award the Bid to, and approve an Agreement with, the Secondary Awardee to provide the desired Services, in an amount not to exceed Five Hundred Thousand Dollars and No Cents ($500,000.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Award of Bid No. 24-06-01 and Approval of Agreement. The City Commission hereby awards Bid No. 24-06-01 to, and approves an Agreement with, Brightview Landscape Services, Inc. to provide citywide landscaping services as the secondary awardee, on an as - needed basis, in an amount not to exceed Five Hundred Thousand Dollars and No Cents ($500,000.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. @BCL@OCOBD625.doc Page 1 of 2 229 PASSED AND ADOPTED this 19th d y of eptember, 2024. Larisa Svechin, Mayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mau ccic Betan ur, CMC, City Clerk Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:eQ�,(�/�,� ,1,}�Seconded by: Vote: Mayor Svechin (Yes) Vice Mayor Lama (Yes) Commissioner Joseph "(Yes) Commissioner Stuyvesant (Yes) Commissioner Viscarra " (Yes) (No) (No) (No) (No) (No) @BCL@OCOBD625.doc Page 2 of 2 230 OS,NtVY 1S`F@ AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND BRIGHTVIEW LANDSCAPE SERVICES, INC. 01 CONTRACT NO. 2024-6603 C.fr OF 5Uµ'NO THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this _Z� day of September, 2024, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and BRIGHTVIEW LANDSCAPE SERVICES, INC., a Florida corporation, whose Federal Employer Identification (FEI) Number is 95-4194223 (hereinafter referred to as "Contractor"). RECITALS WHEREAS, the City is in need of a secondary Contractor to provide citywide landscaping services, including City parks and rights-of-way landscape maintenance services, on an as -needed basis, as more particularly described in Invitation to Bid No. 24-06-02, entitled "Citywide Landscape Maintenance Services," attached hereto as Attachment "A," and incorporated herein by reference and made a part hereof (hereinafter "Services); and WHEREAS, upon evaluation, Contractor was determined to have submitted the second lowest responsible and responsive bid; and WHEREAS, Contractor is qualified, willing and able to provide the Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide, as primary non-exclusive contractor, the Services in a total not -to -exceed amount of Five Hundred Thousand Dollars and No Cents ($500,000.00); NOW THEREFORE, in consideration of the promises and the mutual covenants set forth herein, the Parties agree as follows: 1. RECITALS. The recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as ITB No. 24-06-02, appended hereto as Attachment "A," and Contractor's Response thereto, appended hereto as Attachment `B" (hereinafter referred to collectively as "Contract Documents"). In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement Between the City of Sunny Isles Beach and Brightview Landscape Services, Inc. — Contract No. 2024-6603. B. Invitation to Bid No. 24-06-02, entitled "Citywide Landscape Maintenance Services." C. Second, Contractor's Response to ITB No. 24-06-02. 3. SERVICES. Contractor shall provide the Services, as secondary contractor, on an as - needed basis, as more particularly described in Attachment "A." 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 parks and recreational facilities areas, rights-of-way, bus shelter locations, Page 1 5 231 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax parking lots, and government facilities. The Services shall include, but not be limited to, weeding, mowing, turf maintenance, edging, pruning, hedge trimming, raking, sweeping 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, removing graffiti, removal of all litter including dead animals, shopping cart removal and litter pick up. The Contractor shall adhere to the City Noise Ordinance, including the amendment stating Contractors cannot blow debris onto other people's properties, referenced in Chapter 193. All Work shall be accomplished anytime between the hours of 7:00 A.M. to 5:00 P.M. Monday through Sunday unless pre -approved by The City due to FDOT requirements or specific maintenance needs. The Contractor is responsible to provide additional staff as needed to perform this work and all other work contained in this Agreement. 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. 4. TERM. Subject to the provisions relating to the termination of this Agreement asset forth herein, the term of this Agreement shall have an effective commencement date of November 1, 2024, and shall terminate on October 31, 2026. Prior to, or upon completion of that initial term, the City shall have the option at its sole discretion to renew this contract for three (3) additional one-year renewal terms. Payment will be made only for work completed to the satisfaction of the City. The terms of Sections 18 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. It is hereby further agreed and understood that this Agreement may be extended for an additional thirty (30) day transitional period after the stated expiration date of the Agreement, including any extensions exercised under the initially established option period terms of the Agreement. During this transitional period, Contractor agrees to continue the same or a reduced level (if such reduction is mutually agreed to and appropriately documented) of service to the City at the same prices while a new Agreement, also in force, is being mobilized. 5. COMPENSATION. During the term of this Agreement, Contractor agrees to provide the Services, on a recurring basis, in a total amount not to exceed Five Hundred Thousand Dollars and No Cents ($500,000.00). Payment to Contractor for all charges and tasks under this Amement BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 2 of 19 232 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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. BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 3 of 19 233 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor 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. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage, and liabilities caused by Contractor, its agents or employees, as indicated below: A. Comprehensive General Liability with minimum limits of Five Million Dollars ($5,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Premises and Operation 2. Workers Compensation (Statutory Limits) 3. Independent Contractors 4. Products and/or Completed Operations Hazard 5. Broad Form Property Damages 6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold 7. Harmless and/or indemnification agreement. a. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. B. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Owned Vehicles; 2. Hired and Non -Owned Vehicles; 3. Employers' Non -Ownership. C. Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. Workers' Compensation must include a Waiver of Subrogation on behalf of the City of Sunny Isles Beach. BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 4 of 19 234 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Insurance required of the Contractor shall be primary to, and not contributory with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. Contractor shall also require and ensure that each of its sub -Contractor providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. PENALTIES FOR UNSATISFACTORY WORK. Contractor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any unsatisfactory work that fails to conform to the Contract Documents regardless of completion status of the Services ("Unsatisfactory Work"). If Unsatisfactory Work is identified, through planned, random or unannounced inspections, or any other circumstance through which the City becomes aware of Unsatisfactory Work, Contractor will be notified in writing within two (2) business days. All corrections shall be made within two (2) business days after such rejected defects, deficiencies, and/or Unsatisfactory Work are verbally reported to Contractor by the City, who may confirm all such verbal reports in writing. Contractor shall bear all costs of correcting such work. If Contractor fails to correct the Unsatisfactory Work within the period specified, the City may, at its discretion, notify Contractor, in writing, that Contractor is subject to default if the corrections are not completed to the satisfaction of City within one (1) business day of receipt of the notice. If Contractor fails to correct the work within the period specified in the notice, City may place Contractor in default. In addition to random or unannounced inspections, City will conduct planned inspections each month, which will be conducted prior to Contractor submitting its monthly invoice. When either planned or unplanned inspection efforts identify Unsatisfactory Work, Contractor will be notified per the procedure set forth above and City will conduct a subsequent inspection to ensure compliance. City will incur additional administrative expenses for the additional time required to re -inspect Contractor's work. Upon failure of Contractor to complete the work within the time specified for final completion, City shall impose deductions to Contractor's invoice. A report shall be provided to Contractor in the form provided in the Contract Documents along with the unsatisfactory inspection notice. The deductions which may be made under this Agreement include, but are not limited to, those items set forth below with the corresponding penalty: BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 5 of 19 235 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax a. Deduction of M to $200 per instance: Failure to comply with conditions, specifications, reports, schedules and/or directives from the City and Purchase Order, including but not limited to, failure to adequately remove trash/debris/weeds in a timely manner, apply chemicals, prune, etc. Deduction may be based upon costs provided by Contractor on the Fee Schedule contained in the Contract Documents, or as deemed appropriate by City. b. Deduction of up to $200 per instance per workday: Failure to provide adequate equipment in compliance with City specifications and/or as requested by the City. c. Deduction of up to $250 per occurrence: Failure to protect public health and/or correct safety concerns. These include, but are not limited to, policing City property for hazards, responding to emergencies, providing adequate traffic control measures (per M.U.T.C.D. Guidelines). d. Deduction of up to $250 per occurrence: Failure to comply with water restrictions imposed by any agency having authority to do so. Additionally, Contractor shall be responsible for any imposed penalties. e. Deduction up to $250 per occurrence: Major irrigation deficiencies shall be repaired within 12 hours. 9. 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. 1. 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. BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 6 of 19 236 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 9A(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. 10. BACKGROUND CHECKS. Prior to performing work in the City pursuant to the Agreement, Contractor, and managers, employees, independent contractors, and any subcontractors of Contractor (collectively "Personnel") that will perform work under this Agreement shall be required to undergo a criminal background check consisting of a Florida Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any Personnel not meeting this requirement will not be permitted to perform work under this Agreement. The background check will be performed by the City's Human Resources Department, at the Contractor's sole expense. Failure of Contractor to comply with this provision, shall be cause for termination of the Agreement. 11. CONFIDENTIAL INFORMATION. The Contractor skull 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. 12. 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. 13. 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 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: BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 7 of 19 237 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 smorris wsibfl.net aboileau(i02nlaw.net If to the Contractor: Charles Gonzalez Senior Vice President 2711 SW 36th Street Dania Beach, FL 33312 Tel: (954) 43 1 -11ll Charles.Gonzaleza,bridhtview.com 14. 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 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 BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 8 of 19 238 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 15. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 16. 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. 17. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent caused, in whole or in part, by the negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this Section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 18. 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 Countv, BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 9 of 19 239 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall 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." 21. 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. 22. 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. BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 10 of 19 240 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 23. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is 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 "C." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 24. 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 Consultant must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "D." 25. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as Attachment `B," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 11 of 19 241 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. 26. 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 h� 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". [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 12 of 19 242 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax BRIGHTVIEW LANDSCAPE SERVICES, INC. BY: Darren McDonough V Senior Vice -President STATE OF FLORIDA: COUNTY OF j The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this Qeday of September 2024, by Chess don z, as Senior Vice - President of Brightview Landscape Services, Inc. 'D0r1(194 AG �', pnpu%v_� (SEAL) Personally Known _ or Produced Identification Type of Identification Produced: Nsl6�ry­Public, Stalte, of Flor (Signature of Notary Pu 1c) qC4Z—)-A 6--p (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 13 of 19 'ipt;0.Y p`F PATRICIA 0 SoTO Notary public • State of Florida Commission 4`,.- °! ^ ••'' 4 HH 464088 My Comm. Expires Nov 13, 2027 Bonded through National Notary Assn, Personally Known _ or Produced Identification Type of Identification Produced: Nsl6�ry­Public, Stalte, of Flor (Signature of Notary Pu 1c) qC4Z—)-A 6--p (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 13 of 19 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST. CITY OF SYNNY4SLES BEACH BY: Department Head BY: CMC, City Clerk Larisa Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: A&6"' wj Alain E. Boileau, for Nabors, Giblin — & Nickerson, P.A., City Attorney BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 14 of 19 244 +y�' sJ, City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305)949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Genesis Cuevas, Purchasing Manager DATE: September 19, 2024 RE: Award ITB No. 24-06-02 and approve an Agreement with Brightview Landscape Services, Inc., for Citywide Landscape Maintenance Services as Secondary Contractor, as -needed. RECOMMENDATION: Staff recommends the approval of this Resolution. REASONS: Per Section 2.8 of the ITB, titled, Multiple Award, the City may award multiple Bidders (primary, secondary and tertiary) as available, by line item, by group, by locations, Rights of Way vs Parks, or in its entirety as it is deemed in the best interest of the city. The City will endeavor to utilize Bidders in order of award. It is the city's recommendation to award Brightview as the Secondary Contractor. Upon contract award, the term of this Agreement shall have an effective commencement date of November 1, 2024, and shall terminate on October 31, 2026, for a Not -to -exceed amount of $500,000. This amount includes recurring monthly services and as -needed supplemental scope of service. On June 24, 2024, the city issued ITB # 24-06-02 titled Citywide Landscape Services. The solicitation was uploaded on DemandStar.com, and distributed to over 700 contractors, in which 22 became Planholders. Planholders are for bidders subscribed to receive all the notifications related to the solicitation. On August 2, 2024, the City received three (3) electronic bid submissions, Brightview Item Number: 10.M 226 Landscape Services, Inc, Visualscape, Inc. and Superior Landscaping& Lawn Services. The scope of the ITB is as follows: The City of Sunny Isles Beach (the "City") intends to secure the services of qualified, experienced and licensed contractor(s) (the "Contractor") to provide citywide (Parks & Right-of-ways) Landscape Maintenance Services, in accordance with the terms, conditions and specifications contained in this Invitation to Bid (ITB). 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 parks and recreational facilities areas, 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 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 seven days per week, or as defined by the City. This Bid contained Minimum Qualification Requirements (MQRs) which the Bidder must meet in order for the Bidderto be considered responsive. The "MQRs" were as follows: A. Prime and/or Sub -Contractor must be an FDOT Pre -qualified vendor under "Landscaping" work class in order to be considered for this project. B. The Prime contractor and/or staff must be licensed with a minimum of the following FDOT TTC certification: one (1) Advanced Certification, 1 Intermediate Certification, and 2 Flagger Certification. C. The Prime contractor and/or staff must be licensed as an ISA Arborist. Provide name of Certified Arborist and license number. D. The Prime bidder and/or staff and/or Sub -Contractor must be a licensed Professional Mangrove Trimmer (PMT) with the State of Florida. E. The Prime bidder must submit a Miami -Dade County Landscaper Permit. Bidder must provide a copy of the applicable license(s) with Firm's response. F. The Prime bidder and/or Sub -Contractor must be a member, in good standing of the following organizations: Florida Nursery, Growers and Landscape Association (FNGLA) membership, Florida Certified Landscape Contractor (FCLC) certification, Tree Care Industry Association (TCIA) and/or International Society of Arboriculture (ISA) membership, Irrigation Association (IA) Item Number: 10.M 227 Certified irrigation technician (CIT). G. The Proposing bidder must have been awarded a Prime Contract and successfully performed three (3) projects of similar or greater size, scope, and complexity to the specifications of the ITB within the last five (5) years. H. G. The Proposing Bidder shall provide reference letters for no less than three (3) contracts in which Contractor served as Prime Contractor for projects similar in size and scope. Please note that the references must be for the same projects in response to MQR "F" above. ADDITIONAL INFORMATION: Why Action is Necessary: Pursuant to Chapter 62, Section 62-13 Exception to Bid Requirements, (C) Bids and Contracts from 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 served subject to the requirement that any purchase in excess of $50,000 requires City Commission approval. Copies of the complete contract are on file with the Office of the City Clerk and are available upon request. FUNDING SOURCE: Funds are budgeted in the general fund and street construction & maintenance fund of the proposed budget. ATTACHMENTS:' Resolution Agreement Item Number: 10.M 228