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.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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)
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(Print, Type, or Stamp
Commissioned Name of Notary
Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 13 of 19
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PATRICIA 0 SoTO
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Commission
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Personally Known _ or Produced Identification
Type of Identification Produced:
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(Signature of Notary Pu 1c)
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(Print, Type, or Stamp
Commissioned Name of Notary
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[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