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HomeMy WebLinkAboutReso 2017-2733 RESOLUTION NO. 2017- 7-133 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE TENTH AMENDMENT TO THE AGREEMENT WITH LUKES-SAWGRASS LANDSCAPING, INC. FOR CITYWIDE PROFESSIONAL LANDSCAPING MAINTENANCE, IRRIGATION AND ARBORIST SERVICES FOR FISCAL YEAR 2016-2017, IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED FIVE HUNDRED THOUSAND DOLLARS (S500,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR. TO EXECUTE SAID TENTH AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 21, 2012 via Resolution No. 2012-1953 the City Commission awarded RFP No. 12-05-01 and entered into an Agreement with Lukes-Sawgrass Landscaping,Inc.to provide Citywide Landscape Maintenance Services, in an amount not to$650,000.00 for a one year period with four (4) one-year renewal options; and WHEREAS, on February 21, 2013 via Resolution No. 2013-2032 the City Commission approved the First Amendment to the Agreement with Lukes-Sawgrass Landscaping,Inc.to provide additional landscaping services throughout the City, in an amount not to exceed $400,000.00, bringing the total contract amount not to exceed to $1,050,000.00; and WHEREAS,on July 18,2013 via Resolution No.2013-2084 the City Commission approved the Second Amendment to the Agreement with Lukes-Sawgrass Landscaping, Inc. to provide Citywide Landscaping Services, in an amount not to exceed$682,009.00 for a one-year period with three (3) one-year renewal options remaining; and WHEREAS, on November 21, 2013 via Resolution No. 2013-2153 the City Commission approved the Third Amendment to Agreement with Lukes-Sawgrass Landscaping, Inc. to provide Landscaping Services for the City's Capital Projects,$120,000.00,bringing the total contract amount not to exceed to $802,009.00; and WHEREAS, on February 20, 2014 via Resolution No. 2014-2204 the City Commission approved the Fourth Amendment to Agreement with Lukes-Sawgrass Landscaping,Inc.to waive the performance and payment bond requirement required by Section 2.7 of RFP No. 12-05-01; and WHEREAS, on October 16, 2014 via Resolution No. 2014-2313 the City Commission approved the Fifth Amendment to Agreement with Lukes-Sawgrass Landscaping, Inc. to provide Citywide Landscaping Services,in an amount not to exceed$825,756.00 for a one-year period with two (2) renewal options remaining; and WHEREAS, on December 18, 2014 via Resolution No. 2014-2351 the City Commission approved the Sixth Amendment to Agreement with Lukes-Sawgrass Landscaping, Inc. to provide R2017 Lukes-Sawgrass Landscape 10th Amd to Aemt Page 1 of 3 Citywide Landscaping Services, in an amount not to exceed $250,000.00; and WHEREAS, on September 17, 2015 via Resolution No. 2015-2458 the City Commission approved the Seventh Amendment to Agreement with Lukes-Sawgrass Landscaping,Inc.to provide Citywide Landscaping Services, and prior unpaid invoices for special projects Citywide including Capital Improvement Projects, in an amount not to exceed $150,000.00, for a total amount not to exceed $1,225,756.00 for Fiscal Year 2014-2015; and WHEREAS, on October 17, 2015 via Resolution No. 2015-2467 the City Commission approved the Eighth Amendment to Agreement with Lukes-Sawgrass Landscaping,Inc.for Citywide Professional Landscaping,Irrigation and Arborist Services for Fiscal Year 2015-2016,in an amount not to exceed $855,960.00, for a total amount not to exceed $2,081,716.00; and WHEREAS, on September 15, 2016 via Resolution No. 2016-2600 the City Commission approved the Ninth Amendment to Agreement with Lukes-Sawgrass Landscaping,Inc.for Citywide Professional Landscaping,Irrigation and Arborist Services for Fiscal Year 2016-2017,in an amount not to exceed $886,629.00, for a total amount not to exceed $2,968,345.00; and WHEREAS, in support of a variety of Capital Projects,the City needs various professional landscaping maintenance, irrigation,and arborist services on an as-needed and as-requested basis for timely and minimized impacts to and aesthetics of various City facilities; and WHEREAS,the City being satisfied with the landscaping maintenance services of Lukes- Sawgrass Landscaping, Inc. and who has expressed its ability and desire to provide these services, desires to amend the Agreement for an additional one year term; and WHEREAS, the City Commission wishes to approve the Tenth Amendment to the Agreement with Lukes-Sawgrass Landscaping, Inc. for Citywide Professional Landscaping Maintenance,Irrigation and Arborist Services for Fiscal Year 2016-2017,in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00), attached hereto as Exhibit"A", for a total amount not to exceed Three Million Four Hundred Sixty-Eight Thousand Three Hundred Forty-Five Dollars ($3,468,345.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Tenth Amendment to Agreement. The City Commission hereby approves the Tenth Amendment to the Agreement with Lukes-Sawgrass Landscaping, Inc. for Citywide Professional Landscaping Maintenance,Irrigation and Arborist Services,in an amount not to exceed Five Hundred Thousand Dollars($500,000.00)for Fiscal Year 2016-2017,attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Tenth Amendment. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all R2017 Lukes-Sawgrass Landscape 10th Amd to Agmt Page 2 of 3 things necessary to effectuate this Resolution. Section 4. Effective Date. The Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED on this 21st day oSeptember 2017. , George . Scholl, Mayor ` ATT. ESIT• , ? • .'''': I \ op r y � ` �, i 1Vlauricio Betanc'ur, CMC, Acting City Clerk APPROVED AS TO FORM AND _EGA4UFFICIENCY: 114,4 f.!Pi• 'not, City Attorney Moved by: " 1 'v 114Hoe- a0(.tyvt44.1 Seconded by: COV1IMIS,Sta•Ir2 6411-o Vote: Mayor Scholl / (Yes) (No) Vice Mayor Goldman ✓ (Yes) (No) Commissioner Aelion ✓ (Yes) (No) Commissioner Gatto /(Yes) (No) Commissioner Svechin (Yes) (No) 82017 Lukes-Sawgrass Landscape 10th Amd to Agmt Page 3 of 3 ihY(,{<f fs TENTH AMENDMENT TO THE AGREEMENT BETWEEN THE - CITY OF SUNNY ISLES BEACH AND LUKES' LANDSCAPING,INC., DB/A/LUKES-SAWGRASS LANDSCAPE,INC.. p0.' t , CONTRACT NO. C1012-1617-093 ,(i N THISTENTH AMENDMENT to the Agreement between the City of Sunny Isles Beach("City") and Lukes' Landscaping,Inc.,d/b/a/Lukes-Sawgrass Landscape,Inc.,("Contractor")executed this 2-19 day of5vVtQ L , 2017, is made a part of the original Agreement between the parties dated August 21, 2012, Contract No. 1112-057 ("the Agreement") between the City and Contractor attached hereto as Attachment"A",whose Federal Identification# is 59-1587233. The City and Contractor hereby agree as follows: 1. SERVICES TO BE PERFORMED UNDER EMERGENCY DECLARATION AND RECOVERY. The Scope of Services, as set forth in Section Two of the Agreement between the parties, is hereby amended to include Debris Removal for maintenance service of areas affected by Hurricane Irma ("Additional Services"). 2. MONTH TO MONTH RENEWAL. The term of the Agreement shall be extended for a month to month basis unless terminated in writing at any time,upon 15 days' notice by the City. The term shall commence on October 15,2017, and will continue until further notice by the City. 3. ADDITIONAL COMPENSATION FOR THIS TENTH AMENDMENT. The payment to the Contractor, as set forth in Section 5 of the Original Agreement, is hereby amended to include additional compensation for the Services to be performed for this month to month basis, in an amount not to exceed Five Hundred Thousand Dollars($500,000.00).This amendment does not include the total contract amount at the time of expiration of the original Agreement. 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated August 21, 2012, shall remain in full force and effect. 5. CONFLICTING PROVISIONS. The terms and provisions contained in this Tenth Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms and provisions contained in any other document or attachment, including but not limited to Attachment"A". IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: LUKES' LANDSCAPING,INC.,D/B/A .-2- '''C'--- LUKES-SAWGRASS L CAPE,INC. Signature BY: Clr M 1 C 11V - dee Signature and Title - Print Name ATTEST: CITY 0, SUNNY r LES BEACH �� �k -OIII'411 ,•'BY: Lai& - ,( , Mauricio_Betan ur, CMC,Acting City Clerk George •. Scholl,Mayor • F + APPRO ED AS TO FORM AND t' LEGAL SUF IC' CY Ii BY: /fi, a s Ottmot, City •ttorney NY 1st t. ,1 7 > . AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND LUKES' LANDSCAPING,INC., d/b/a LUKES- `‘',, UKES- C. °,t ``°"""l" SAWGRASS LANDSCAPE, INC. CONTRACT NO. C1112-057 THIS AGREEMENT(hereinafter referred to as the"Agreement") is made in duplicate, this 5\ day of , 2012, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and LUKES' LANDSCAPING, INC. d/b/a LUKES-SAWGRASS LANDSCAPE, INC. a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor ") whose Federal I.D. # is RECITALS WHEREAS, the City is need of landscaping services to include maintenance of landscape, irrigation, public right-of-way maintenance, sidewalks, street furniture, facility maintenance,trimming,planting and/or removal of trees ("Services");and WHEREAS, the City advertised City Wide Landscaping Services, Request for Proposal No. 12-05-01, for the Services, and the Contractor submitted a bid in response thereto which is incorporated herein by reference;and. WHEREAS,the Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein;and WHEREAS,the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Six Hundred Fifty Thousand Dollars($650,000.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,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. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in this Agreement, Request for Proposal No. 12-05-01, and the Contractor's response thereto which is incorporated herein by reference(collectively"Scope of Work"). 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 11 hereunder, this Agreement shall commence on the first calendar day of the month succeeding approval of this Agreement by the City Commission and shall end one (1) year thereafter. 4. RENEWAL. Prior to, or upon completion of the initial one year term, the City shall have the option to renew this Agreement for an additional four(4) one year renewal terms. C1112-O57—LUKES-SA1 1 of 8 v4 1 EXHIBIT "A" • 5. COMPENSATION. As the entire compensation under this Agreement and during the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to exceed Six Hundred Fifty Thousand Dollars ($650,000.00) for the performance of the Services. 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 Request for Proposal No. 12-05-01, and the Contractor's response thereto, which is incorporated herein by reference, and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. 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 contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. 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 ten (10) days written notice and the Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of termination. 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 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. 6. ADDITIONAL SERVICES. All payments to Contractor shall be based on invoices submitted to the City. The City shall only reimburse Contractor for services authorized pursuant to this Agreement. Any additional work performed by Contractor that is outside the Scope of C1112-057—LUKES-SAWGRASS LANDSCAPING Page 2 of 8 I ,. • Work shall be required to be pre-authorized in advance in writing by the City Manager or his designee. In the event the Contractor performs work that it outside the Scope of Work,and does not obtain the required pre-authorization in writing from the City Manager or his designee, then the City shall not be under any legal obligation to reimburse Contractor for said services. 7. 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 services 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. 8. 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 coverages 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: (a) General liability insurance with limits of Five Million Dollars ($5,000,000.00) 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: Premises and/or Operations. Workers Compensation(Statutory Limits). Products and/or Completed Operations Hazard. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement. 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. The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Contractor or the acts or omissions of Contractor in connection with such operation. C1112-057—LUKES-SAWGRASS LANDSCAPING Page 3 of 8 S 13 • (b) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (c) Business Automobile Liability Insurance 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: Owned vehicles. Hired and non-owned vehicles. Employers' non-ownership. Such policies of insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. 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 appropriately endorsed for contractual liability with the City named as an additional insured. 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) calendar day's prior written notice to the City Manager or his designee. 9. 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 needs to be approved in writing by the City in order to be properly authorized. 10. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, 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 property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, 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. C1112-057—LUKES•SAWGRASS LANDSCAPING Page 4 of 8 S I ;•y 11. 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 5 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. 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 written notice which shall become effective ten (10) days following receipt by Contractor. The terms of Paragraphs A(i)and(ii)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. 12. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign or transfer any work under this agreement with 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. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements(whether verbal or written)or actions of either of party. 14. 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 parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. C1112-057—LUKES-SAWGRASS LANDSCAPING Page 5 of 8 S • Arbitration shall be held in Miami-Dade County,Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 15. 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 court of equity for violating such provisions. 16. 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 facsimile 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: If to the City: Chief Fred A. Mass With a copy to: Acting City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach,Florida 33160 Fourth Floor Tel: (305)792-1701 Sunny Isles Beach,Florida 33160 Tel: (305)792-1702 If to the ARIFIZSgamie LOre, Wacati2,ZO Contractor: President Lukes' Landscaping,Inc.,d/b/a Lukes-Sawgrass Landscape, Inc. 2200 North 30th Road Hollywood, FL 33021 Tel: (954)431-1111 17. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 18. 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. CI 112-057—LUKES-SAWGRASS LANDSCAPING Page 6 of 8 S 19. 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. 20. 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; andby the City of Sunny Isles Beach Ordinance No. 99-82,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, direct 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.-No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any • benefits arising therefrom. 21. ENTIRE AGREEMENT. This Agreement, together with all terms and conditions contained in Request for Proposal No. 12-05-01, and the Contractor's response thereto, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change,modification, extension and/or rescission is sought. [remainder of page intentionally left blank] t • Cl 112-057—LUKES-SAWGRASS LANDSCAPING Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS#1: LUKES'LANDSCAPING,INC.D/B/A LUKES-SAWGRASS LANDSCAPING, 7// INC. BY:- " ture Signature and Title ,oacci,.440,L7Print Name WITNESS#2: Signature Print Name ATTEST: CITY OF SUNNY ISLES BEACH &N,1B 47/17,4A1jiLLi � Jane A.Hines,CMC,City Clerk orman S.Edelcup,Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY • B ' %�i W ttinot'City Attorney Cl 112-059—LUKES-SA\VGRASS LANDSCAPING Page 8 of 8 'g i • . 'i. CIIY OF SUNN -I S BEACH 18070 Collins Avenue tt • Sunny-Isles Beach,Florida 33160• jai v 7`;.:,..•.,. • 305,947.0606 vovni.sibfl,net *1;/ BID FORM FOR THE LANDSCAPE MAINTENANCE SERVICES NOTE: The quantities shown in this Bid Form are estimates only! They may vary significantly from the actual quantities ordered by the City. Payments shall be for the units ordered, placed, and accepted by the City. The Proposers, by signing this Bid Form and Contract, fully acknowledges that he/she will receive no additional compensation (no overhead, no anticipated profits, etc.)other than the proposal unit price of the items times the number of items authorized,ordered, placed,and accepted by the City. --�--^u Recurring Monthly Services Section NOTE: The quantities shown in this Bid Form are estimates only) They may vary significantly from the actual quantities ordered by the City. Payments shall be for the units ordered, placed, and accepted by the City. The Proposers, by signing this Bid Form and Contract, fully acknowledges that he/she will receive no additional compensation (no overhead, no anticipated profits, etc.) other than the proposal unit price of the items times the number of Items authorized, ordered, placed, and accepted by the City. E. PARKS No. Ref Per Week Extended Item DESCRIPTION Est. Qty Price Total No. 1 Gwen Margolis Park El (17815 North Bay Rd) 52 Days $ Weekly Maintenance per the Specifications C^. �-� 0002 Town Center Park(17200 Collins Avenue) E2 Weekly Maintenance per the Specifications 52 Days $h� ^ ,.;, ��,_ ,, 3 Samson Oceanfront Park(17425 Collins Avenue) 52 Da E3 WeeklyMaintenance per the Specifications Ys 4 Pelican Community Park(18115 North Bay E4 Road)Weekly Maintenance per the 52 Days $ Specifications l y OO ,� 5 Golden Shores Park(201 195 Street)Weekly E5 Maintenance per the Specifications 52 Days $ ,.., 6 Heritage Park(19250 Collins Avenue)Weekly E6 Maintenance per the Specifications 52 Days $. r� .. ' 7 Bella Vista Park(500 Sunny Isles Boulevard) E752 Days $ Weekly Maintenance per the Specifications �:�;� .`• ,•„ l City of Sunny Isles Beach I Request for Proposal No.12-05-01 .47A S U 13' 5o""Y:'sq. City of Sunny Isles Beach ti H\ 18070 Collins Avenue 1'' 1; Sunny Isles Beach, Florida 33160 9, FLOp� ;4 (305)947-0606 City Hall G o, soµ "`' (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Susan Simpson, Cultural & Community Services Director DATE: 9/21/2017 RE: Addendum to Agreement with Luke's Landscaping in an Amount Not To Exceed $500,000.00 RECOMMENDATION: This item is presented for your consideration. REASONS: The City entered into Agreement Number C1012-1516-119 with Luke's Landscaping in September 2016. This agreement provides for a month to month extension at the same rates based on the City's needs and the contractors ability and desire to provide the services. The City of Sunny Isles Beach issued Bid Number 17-05-01 for Citywide Landscape Services in May 2017. Bids were submitted, reviewed and award was planned for September 2017. Due to the extensive damage to the citywide landscaping caused by Hurricane Irma on September 10, 2017, it is recommended to defer that award to a later date. To continue landscape services during this deferral period, the City desires to exercise it's option to continue contracting with Luke's Landscaping on a month to month basis in an amount not to exceed $500,000.00 due to the anticipated expenses related to Hurricane Irma. 252 FUNDING SOURCE: Funding is budgeted for in the General Fund of both Public Works and Parks Department Budgets. ATTACHMENTS: Description Resolution Tenth Amendment Item Number: 10.N. 253