HomeMy WebLinkAboutReso 2006-901
RESOLUTION NO. 2006- q 0 I
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
AN AMENDMENT TO AGREEMENT WITH LUKES'
LANDSCAPING, INC. ("LUKES"'), IN AN ANNUAL
AMOUNT OF FIFTY-TWO THOUSAND DOLLARS
($52,000.00), ATTACHED HERETO AS EXHIBIT "A", IN
ACCORDANCE WITH RESOLUTIONS NO. 2003-556 AND
2001-390, FOR LANDSCAPE MAINTENANCE OF TOWN
CENTER PARK; AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT TO GREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE TERMS OF
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sunny Isles Beach is desirous of maintaining the landscaping of
the Town Center Park; and
WHEREAS, the City wishes to maintain the beauty of the Town Center Park including
landscaping and trash pickup; and
WHEREAS, the City adopted Resolution No. 2003-556 authorizing an agreement with
Lukes' Landscaping, Inc., for landscaping maintenance and Resolution No. 2001-390 awarding
Lukes' a six-year agreement to landscape and maintain the parks, medians and rights-of-way; and
WHEREAS, Lukes' Landscaping, Inc., are under contract with the City and will provide
landscaping and trash pickup services for the Town Center Park at an annual cost of $52,000.00,
consistent with the unit prices established in Lukes' contract with the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Amendment to Agreement. The Amendment to the Agreement with
Lukes' Landscaping, Inc., in accordance with Resolutions No. 2003-556 and No. 2001-390, for
landscaping and trash pickup services for the Town Center Park, in an annual amount of
$52,000.00, attached hereto as Exhibit "A", be and the same, is hereby approved.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
Section 3.
Effective Date. This Resolution will become effective upon adoption.
R2006-90 I Lukes' Landscaping Town Ctr Pk
Page I of2
PASSED AND ADOPTED this 16th day of March, 2006.
ATTEST:.
./
"cl~A~
cJane A. Hines, CMC, City Clerk
Vote: ~-'O
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
---LL(Y es)
V(Yes)
~(Yes)
~Yes)
~(Yes)
R2006- Lukes' Landscaping, lnc,
Moved by:
Co~o~<<C.Q ~L~S'It4-S
\j \Cl"r=. N\ ~O'<l- ~R ~ 2:' tJ
Seconded by:
_(No)
_(No)
_(No)
_(No)
_(No)
2
CITY OF SUNNY ISLES BEACH
AMENDMENT OF LANDSCAPE MAINTENANCE
AGREEMENT DATED NOVEMBER 13,2001
FOR MAINTENANCE OF TOWN CENTER PARK
THIS CONTRACTOR AGREEMENT made and entered into this I (o~day of
MClrc...h ,2006, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a
municipal corporation of the State of Florida, (hereinafter referred as to "City") and LUKE'S
LANDSCAPING, INC., a Florida corporation, authorized to do business in the State of Florida,
(hereinafter referred to as "Contractor"), whose Federal1.D.# is
WHEREAS, pursuant to Bid No. 01-09-01, the City Commission awarded a
Parks/Median/Rights-of- Way Maintenance Service contract to Luke's Landscaping on
November 13,2001 ("Base Contract"); and
WHEREAS, since the initial contract the City has doubled the Scope of Work requested
under Bid No. 01-09-01; and
WHEREAS, the City is pleased with the performance of Contractor and wishes to
continue its employment of Contractor to maintain, advise and assist with the City's landscaping
and beautification; and
WHEREAS, the City now desires to renew the Base Contract and amend said contract to
include additional areas to be maintained and Contractor has given the City a proposal for such
additional work, dated January 31, 2006 and attached hereto as Exhibit "A;" and
WHEREAS, Contractor is qualified, willing and able to provide the desired services on
the terms and conditions set forth herein and attached hereto as Exhibit "A";
NOW THERFORE, in consideration of the premises and the mutual covenants herein
named, the parties hereto agree as set forth below:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part of hereof for reference.
2. SERVICES TO BE PERFORMED. Contractor shall perform the following services as
outlined in response to Bid No. 01-09-01 as well as the following additional services:
a. Additional maintenance coverage of parks, medians and roadways in and about the City
of Sunny Isles Beach, as well as those services more particularly described in Exhibit
"A" dated January 31, 2006, attached hereto and made a pm1 hereof.
b. Contractor will prepare and present oral/written reports as needed or as requested on a
periodic basis while engaged in special projects. Contractor shall provide, on a monthly
basis, to the City Manager, a detailed narrative rep0l1 delineating all services provided by
the Contractor in the previous month. The Contractor shall also provide quarterly,
Luke's Landscaping Supplemental Work Order # I
Attorney/ Agreements/PR
S\B
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
written reports, detailing all of the Contractor's activities in the previous qumier and the
results of the Contractor's efforts. Each repOli required herein will be submitted to the
attention of the City Manager.
c. The total price for these services included under the renewed and amended contract including
the additional service fees outlined in Exhibit "A" attached hereto and made a part hereof, is
Fifty -Two Thousand and No/lOO Dollars ($52,000.00).
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Paragraph 10 hereunder, the term of this Agreement is hereby renewed for an additional
two-year period as provided in response to Bid No. 01-09-01, under the same terms and
conditions, and shall commence from March 16, 2006 and terminate on March 16, 2008 and
shall begin within ten (10) days after notification to proceed. This contract may be renewed
pursuant to the terms of Bid No. 01-09-01. Any renewal of this Contract shall be subject to
appropriation of funds by the City Commission. Any change in fee, terms or conditions shall be
accomplished by written amendment to this contract.
4. COMPENSATION. Payment to Contractor for all charges and tasks under this
Agreement shall be in accordance with this Agreement and the schedule of charges reflected in
Exhibit "A", which fee shall be disbursed on a monthly basis and under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. lnvoices 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 Depmiment for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
c. A vailability 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.
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" on the Contractor's final/last
billing to the City. This celiifies 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 and 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.
Luke's Landscaping Supplemental Work Order # I
Attorney/Agreements/pI'
2
SIB
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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
fUl1her wan'ants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are
discovered during the performance of this Agreement, the City shall have the right to cancel this
Agreement upon thir1y (30) days written notice to Contractor. Upon termination, the City may
re-bid the project if the Contractor fails to perform under this Agreement due to the undisclosed
conditions.
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, pal1ner, 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 incuned by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this agreement. Contractor shall fumish its own
transportation, office and other supplies as it determines necessary in can'ying 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, sub-Contractors or employees, as indicated below:
5. 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, contractors or employees, as more particularly set forth below:
o
Comprehensive General liability insurance, including broad form contractual liability
coverage for all operations, including, but not I imited to, contractual, products, and
completed operations, personal injury and propel1y damage liability with minimum
limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate.
o
Worker's Compensation, as required by law, but with no less than $1,000,000 for
Employer's Liability.
o
Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000) per occurrence, One Million Dollars ($] ,000,000) per accident for
Luke's Landscaping Supplemental Work Order # I
Attorney/Agreements/pI'
3
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City of Sunny Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for
propetty damage.
o Umbrella/Excess Liability coverage in addition to the foregoing limits that when
combined with the foregoing limits provide total coverage of at least Five Million
Dollars ($5,000,000).
Insurance required of the Contractor shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City.
Such insurance shall not diminish Contractor's indemnification and obligations
hereunder. The insurance policy(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 Best Rating of
A- Excellent. Before any work under this Agreement is performed, and at any time upon
request, Contractor shall furnish to the City certificates of insurance evidencing the
minimum required coverage and shall be appropriately endorsed for contractual liability,
with the City named as additional insured. All policies shall contain a waiver of subrogation
endorsement. All policies and celiificates shall be in forms and issued by insurance companies
acceptable to the City's Risk Management Department. All insurance policies and certificates of
insurance shall provide that the policies may not be canceled or altered without thiliy (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-Contractors providing
services hereunder (if any) procures and maintains, until the completion of the services,
insurance of the types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Contractor pursuant to this agreement and related services to this agreement are intended and
represented for the ownership of the City only. Any other use by Contractor or other parties,
shall be approved in writing by the City.
Contractor shall deliver to the City for approval and acceptance, and before being eligible
for final payment or any amounts due, all documents and materials prepared by, and for, the City
under this Agreement.
All oral and written information not in the public domain or not previously known, and
all information and data obtained, developed or supplied by the City, or at its expense, will be
kept confidential by the Contractor and will not be disclosed to any other party, directly or
indirectly, without the City's prior written consent, unless required by a lawful order. All
drawings, maps, sketches, programs, data base, repOlis and other data developed or purchased
under this Agreement for, or at the City's expense, shall be and remain the City's property and
may be reproduced and reused at the discretion of the City.
Luke's Landscaping Supplemental Work Order # I
Attorney/ Agrcements/pr
4
SIB
City of Sunny Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33] 60
(305) 947-0606 phone (305) 949-3 I] 3 Fax
The City and Contractor shall comply with the prOVISIOns of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise
made in writing by any pm1y pursuant hereto, including, but not limited to, any representations
made herein relating to disclosure or ownership of documents, shall survive the execution and
delivery of this Agreement and the consummation of the transactions contemplated hereby.
9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its
officers, agents, and employees from, and against any and all claims, actions, liabilities, losses
and expenses including, but not limited to, attorney's fees for personal, economic or bodily
injury, wrongful death, loss of or damage to prope11y, at law or in equity, which may arise or
may be alleged to have risen from the negligent acts, eITors, omissions or other wrongful conduct
of the Contractor, agents or other personal entity acting under Contractor's control in connection
with the Contractor's performance of services pursuant to that agreement and to that extent the
Contractor shall pay such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses including wrongful termination
or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees
expended by the City in defense of such claims and losses including appeals. The parties agree
that ten percent (10%) of the total compensation is a specific consideration from the City to the
Contractor for this indemnity.
10. TERMINATION.
a. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a
timely manner or otherwise violate any of the covenants, agreements or stipulations material to
this agreement, the City shall have the right to terminate the services then remaining to be
performed. Prior to the exercise of its option to terminate for cause, the City shall notify the
Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10)
days to cure such default. If the default remains uncured after ten (10) days the City may
terminate this agreement.
I. In the event of termination, all finished and unfinished documents,
data and other work product prepared by Contractor (and sub-
Contractor(s]) shall be delivered to the City and the City shall
compensate the Contractor for all services satisfactorily performed
prior to the date of termination, as provided in Paragraph 4 herein.
II. Notwithstanding the foregoing, the Contractor shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of
the agreement by Contractor and the City may reasonably withhold
payments 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.
Luke's Landscaping Supplemental Work Order # I
Attorney/ Agreemcnts/pr
5
SIB
City of Sunn)' Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
111. After receipt of a Termination Notice and except as otherwise directed
by the City, the Contractor shall:
1. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts
relating to the performance of the terminated work.
3. Transfer all work in process, completed work and
other materials related to the terminated work to
the City.
4. Continue and complete all parts of that work that
have not been terminated.
b. Telmination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed in the event the Contractor
is placed either in voluntary of involuntary bankruptcy or makes any assignment for the benefit
of creditors.
c. Termination for Insolvency. The City also reserves the right to terminate the
remaining services to be performed in the event the Contractor is placed either in voluntary or
involuntary bankruptcy or makes any assignment for the benefit of creditors.
11. 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.
12. TIME OF COMPLETION. The services to be rendered by the Contractor shall be
commenced upon execution of this contract and shall be completed within the time specified in
this Agreement. A reasonable extension of time shall be granted in the event the work of the
Contractor is delayed or prevented by the City or by circumstances beyond the reasonable
control of the Contractor including weather conditions of acts of God which render the
performance of the Contractor's duty impracticable.
13. AUTHORITY TO PRACTICE. Contractor hereby represents and warrants that it has
and will continue to maintain all licenses and approvals required to conduct its business and that
it will at all times conduct its business activities in a reputable manner. Proof of such licenses
and approvals shall be submitted to the City prior to commencement of work under this
Agreement.
14. MODIFICA TIONS OF WORK. The City reserves the right to make changes in the
work, including alterations, reductions or additions thereto. Upon receipt of the City's
notification of a contemplated change, the Contractor shall (1) if requested by the City, provide
Luke's Landscaping Supplemental Work Order # I
Attorney/Agreements/pI'
6
SIB
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
City of any estimated change in completion date, and (3) advise the City in writing if the
contemplated change shall affect the Contractor's ability to meet the completion dates or
schedules of this Agreement.
15. COORDINA TION OF SERVICES. The City's representative/liaison during the
performance of this Agreement shall be James Watts, Public Works Director, telephone
number 305/947-0606. Contractor shall not respond to requests for services under this
Agreement unless the request is received directly from James Watts or designated personnel.
Any requests received from other City depariments/divisions shall be referred to the City
Manager's Department representative designated above. Services performed without
authorization by James Watts, Public Works Director, shall be considered unauthorized
and shall not be compensated/paid by the City.
16. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the pariies and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. The non-prevailing party shall pay all
costs of arbitration and attorneys' fees incurred by the parties or, if neither pariy prevails on the
whole, each party shall be responsible for a pOliion of the costs of arbitration and their respective
attorneys' fees as may be determined by the court on confirmation.
17. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of Ten (10) years subsequent to that date upon which
the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
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 in a couli of equity for
violating such provisions.
18. NOTICES. All notices and communications hereunder shall be in writing and shall be
deemed given when sent postage prepaid by registered or celiified mail, return receipt requested
and, if intended for City to A. John Szerlag, City Manager, with a copy to Hans Ottinot, City
Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny lsles Beach, Florida 33160,
and, if intended for Contractor, shall be addressed to Luke Facarazzo, President, Luke's
Landscaping, Inc., 3920 NW 94th Avenue, Hollywood, Florida 33024.
19. GOVERNING LAW. The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of the
State of Florida, without regard to principles of conflict of laws thereof. The location of any
action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade
County, in the State of Florida.
Luke's Landscaping Supplemental Work Order # I
Attorney/ Agrecments/pr
7
S\B
City of Sunny Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
20. 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.
21. NON-DISCRlMINA TION. 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 I 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/family 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 payor
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.
22. 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
Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully
set fOlih herein, in connection with the Agreement conditions hereunder.
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly that should conflict in any manner or degree with the performance of the services.
23. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede
any other conflicting provisions that are contained in any other document.
24. MISCELLANEOUS.
a. The rights granted to Contractor hereunder are nonexclusive, and the City reserves the
right to enter into agreements with other persons or firms to perform services including those
provided hereunder.
b. Contractor and its employees shall promptly observe and comply with applicable
provisions of all published federal, state and local laws, rules and regulations which govern or
apply to the services rendered by Contractor hereunder, or to the wages paid by Contractor to its
employees.
Luke's Landscaping Supplemental Work Order # I
Attorney/Agreements/pI'
8
SIB
City of Sunny Isles Beach
] 8070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-31 13 Fax
c. Contractor shall obtain and keep in force during the term of this Agreement all necessary
licenses, registrations, celiificates, permits and other authorizations as are required by law in
order for Contractor to render the service(s) required hereunder.
d. Contractor shall not use the name or official seal of the City in any promotional material
without the prior written consent of the City.
e. Except as expressly provided for in this Agreement, Contractor is not authorized to act as
the City's Agent hereunder and shall have no authority, expressed or implied, to act for or bind
the City hereunder, either in Contractor's relations with sub-Contractors, or in any other manner
whatsoever.
25. ENTIRE AGREEMENT. This Agreement and Attachment Exhibit "A," which is
expressly incorporated herein by reference, shall constitute the entire agreement between the
parties with respect to the subject matter hereof, and it shall supersede all previous and
contemporaneous oral and written negotiations, commitments, agreements and understanding
relating hereto. This Agreement may be executed in multiple identical counterpmis, each of
which shall be deemed an original for all purposes.
26. AMENDMENT. Any modification of this Agreement shall be effective only if in
writing and signed by the parties to this Agreement. No waiver of any provision of this
Agreement shall be valid or enforceable unless such waiver is in writing and signed by the
pmiing granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement 111
duplicate on the day and year first written above.
WITNESS:/~
6 d~J2-
Print Name: &J/-jri,ljJ J~L
~[~
Pri am~A-e:r.A j)t L/4.CJ.JEI;"'TA
LUKE:S LANDSCA~PIN:' NC.
By: B ~ -.2t&..p<J
. ...-' President
Print/type Name: LuJt.c -/{1('JA-f2V-}-2--l-V
ATTEST: I 1 .
By ~tM.t A. ~
Jane A. Hines, CIvIC, City Clerk
AS TO FORM
ICIENCY
Luke's Landscaping Supplemental Work Order #]
Attorney/ Agreements/pr
9
SIB
LUKES' LANDSCAPING, INC.
2950 NORTH 28TH TERRACE
HOLLYWOOD, FL 33020
(954) 431-1111 FAX: (954) 433-1111
/iK'
ij \
J&{T
Sunny Isles, City
17070 Collins Avenue # 250
Sunny Isles Beach, Florida 33160
EXHIBIT "A"
DATE
PROPOSAL #
1/31/2006
106077
PROPOSAL
PROJECT I contract 106077
REP
LF
DESCRIPTION OTY COST TOTAL
TOWN CENTER PARK SUNNY ISLES MAINTENANCE
- CONSIST OF THE FOLLOWING:
TRASH PICK-UP
MONDA Y - FRIDAY - (2 hrs daily / 10 hrs wk.)
SATURDA Y AND SUNDAY - (I hr dailyl2 hrs wk.)
TOTAL HOURS = 12 HRS A WEEK X 52 WEEKS = 624 624 20.00 12,480.00
HRS/YR @ $20.00
6 (20 YD) TRASH CANS PER YEAR @ $400.00 EA. 6 400.00 2,400.00
TRASH BAGS @ $10.00 PER WEEK = $10.00 X 52 52 10.00 520.00
WEEKS
BERMUDA
100 CUTS PER YEAR - (4 hrs per cut/400 hrs yr.)
TOTAL HOURS = 400 HRS PER YEAR@ $35.00 400 35.00 14,000.00
Phone # Fax # E-mail
954-431-1111 954-433-1111 gdaca l@lukeslandscaping.biz
If the above Proposal is acceptable, please sign &
retum
Page 1
TOTAL
SiB
LUKES' LANDSCAPING, INC.
2950 NORTH 28TH TERRACE
HOLLYWOOD, FL 33020
(954) 431-1111 FAX: (954) 433-1111
DATE
PROPOSAL #
1/31/2006
106077
Sunny Isles, City
17070 Collins Avenue # 250
Sunny Isles Beach, Florida 33160
PROPOSAL
PROJECT I contract 106077
REP
LF
DESCRIPTION QTY COST TOTAL
ST. AUGUSTINE GRASS - 44 CUTS PER YEAR,
INCLUDES: EDGE SIDEW ALS, EDGE BEDS, TRIM
GRASS AROUND STEVETURES, BLOW OFF
SIDEW ALKS, INSTALL MULCH, WEED BEDS, SPRAY
GROUND AND IRRIGATION
MAINTENANCE/ADJUSTMENT
3 MEN - 8 HOURS EA. = (24 hrs per cutll056 hrs yr.) 1,056 20.00 21,120.00
SHRUB MAINTENANCE
2 MEN @ 8 HOURS EA. = (16 hrs per mo./ 192 hrs yr.)
16 HOURS PER MONTH X 12 MONTHS = 192 HRS @ 192 20.00 3,840.00
$20.00 HR.
2 (20 YDS) TRASH CANS PER YEAR @ $400.00 EA. 2 400.00 800.00
CHEMLA WN - FERTILIZE AND SPRAYS
BERMUDA GRASS 1 2,640.00 2,640.00
ST. AUGUSTINE GRASS 1 1,140.00 1,140.00
TREE TRIMMING - FIRST YEAR ONLY 1 4,200.00 4,200.00
EQUIPMENT NEEDED - "NO CHARGE"
TOTAL: $63,140.00/YEAR
Phone # Fax # E-mail
954-431-1111 954-433-1111 gdacal@lukeslandscaping,biz
TOTAL
If the above Proposal is acceptable, please sign &
return
Page 2
SIB
LUKES' LANDSCAPING, INC.
2950 NORTH 28TH TERRACE
HOLLYWOOD, FL 33020
(954)431-1111 FAX: (954)433-1111
DATE
PROPOSAL #
1/31/2006
106077
Sunny Isles, City
17070 Collins Avenue # 250
Sunny Isles Beach, Florida 33160
PROPOSAL
PROJECT I contract 106077
REP
LF
DESCRIPTION QTY COST TOTAL
LESS DISCOUNT -11,140.00 -11,140.00
Phone # Fax # E-mail
954-43]-1111 954-433-1111 gdacal@]ukeslandscaping.biz
TOTAL
$52,000.00
!fthe above Proposal is acceptable, please sign &
return
Page 3
SiB
City Commission
Norman S. Edelcup
Mayor
Roslyn Brezin
Vice Mayor
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
Lewis J. Thaler
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
March 30, 2006
Luke Facarazzo, President
Luke's Landscaping, Inc.
3920 N.W. 94 Avenue
Hollywood, Florida 33024
Re:
Amendment to Landscape Maintenance Services Agreement
Dear Mr. Facarazzo:
At its regular meeting of March 16,2006, the City Commission adopted Resolution No.
2006-901, which approved an amendment to the Landscape Maintenance Services
Agreement with Luke's Landscaping, Inc. Attached are an executed, original agreement
and a copy of the approving resolution for your files.
Thank you.
Very truly yours,
~u-OOe>-W~
Priscilla Walker
Deputy City Clerk
Attachments
cc: A. John Szerlag, City Manager (w/o attachments)
Hans Ottinot, City Attorney (w/o attachments)
Jim Watts, Public Works Director
Jean Watson, Finance Director (original)
Shaun Gelvez, Contracts Administrator
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Lukes Landscap Amend Exec Agrmt Trans Ltr
City Commission
Norman S. Edelcup
Mayor
Roslyn Brezin
Vice Mayor
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
Lewis J. Thaler
Commissioner
A. John Szerlag
City Manager
Hans Ottino!
City Attorney
Jane A. Hines
City Clerk
March 22, 2006
Luke Facarazzo, President
Luke's Landscaping, Inc.
3920 N.W. 94 Avenue
Hollywood, Florida 33024
Re:
Amendment to Landscape Maintenance Services Agreement
Dear Mr. F acarazzo:
At its regular meeting of March 16,2006, the City Commission adopted Resolution No.
2006-901, which approved an amendment to the Landscape Maintenance Services
Agreement with Luke's Landscaping, Inc. Enclosed are the three (3) original
agreements for witnessing and execution by Luke's Landscaping, Inc.
Upon completion, please return both originals to my attention. We will then finalize
processing of the agreements and return an original, executed agreement and a copy of
the approving resolution to you.
Thank you.
Very truly yours,
~~uJ~
Priscilla Walker
Deputy City Clerk
Enclosures
cc: A. John Szerlag, City Manager (cover letter only)
Hans Ottinot, City Attorney (cover letter only)
Jim Watts, Public Works Director (cover letter only)
Shaun Gelvez, Contracts Administrator (cover letter only)
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Lukes Landscap Amend For Sig Trans Ltr
1 . .
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis Thaler, Commissioner
(305) 947-0606 City Hall
(305) 949-3 1 1 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
Memorandum
The Honorable Mayor & City Commission
James E. Watts, Director 0
Public Works DepartmenUj
March 16,2006
APPROVAL OF AMENDMENT TO AGREEMENT WITH LUKES'
LANDSCAPING, INC. FOR MAINTENANCE OF TOWN CENTER PARK
RECOMMENDATION:
It is recommended that the City Commission approve the Amendment to Agreement
with Lukes' Landscaping, Inc. for the maintenance of Town Center Park, adding a
$4,333.33 monthly payment. This adds $52,000.00 to the annual expense from
$358,126.00 ($29,843.83 Monthly) to $410,126.00 ($34,177.16 monthly).
REASON (S):
Town Center Park is a large park with much landscape material and more to come. The
Saint Augustine on the outer perimeter is mown once each week, however the area of
Bermuda Grass inside the sidewalk requires mowing twice weekly.
OTHER INFORMATION:
The original estimate of costs in man power and equipment amounted to $63,140.00
annually. The current figure was reached after some items were omitted and/or
trimmed.
Agenda Item I 0 E..
Date 3 - \ L- ()&:,