HomeMy WebLinkAbout2020 Merging Documents�OPICAL
Match I3, 2020 ...providing professional services with a pall I touch.
City of Sebastian
1225 Main Street
Sebastian, Florida 32959
As you are aware, Tropical Property Management, LLC ("Company'), and the City of Sebastian ("Customer")
are parties to a contract for lawn maintenance services dated January 15, 2016 ("Agreement).
In an effort to continue providing the best landscape and irrigation services in South Florida, the Company
recently merged its controlling interest into SSS Brevard OPCO, LLC dba Tropical Property Management
(`Tropical Property Management') (the "Transaction'), and the Company will assign the Agreement to Tropical
Property Management (the "Assignment'). Tropical Property Management intends to continue the business of
the Company uninterrupted after the Transaction, with Tim Velde and staff providing the same reliable service
you have grown accustomed to. Following the Assignment, and upon consummation of the Transaction,
Tropical Property Management will be liable for all obligations under the Agreement.
The Company may not assign the Agreement without Customer's written consent. By signing below, Customer
acknowledges the terms of this Letter Agreement, consents to the Assignment and agrees that this Letter
Agreement satisfies any and all requirements for the Assignment. Customer agrees that the Agreement is
between the Customer and Tropical Property Management.
Except as provided herein, all other provisions of the Agreement shall remain in full force and effect.
Date: MafGh Iq, 2020 Very truly yours,
Company:
Tropical Property Management, LLC
Signature:
Name: Tim Vel e
SSS Brevard OPCO, LLC dba Tropical Property
Management
Signature:
Name: Seen Cosmic
ACKNOWLEDGED AND AGREED TO
ON BEHALF OF CUSTOMER BY:
City of Sebasti
Signature:,
Name. Paul E. da,/1 is,a
Title: Cifft Mtlna'U
P.O. Box650395 a Vero Beach, Fl • 32965-0395 • OHIce. 772-562-1800 • Fax. 772-562-4045
ma
SEMS' f't a f� 1 Adminlstraave Services Department
��" V v Procurement Division
�® 1225 Main Street
Sebastian, FL 32859
HOME OF PELICAN ISLAND (772) 3888232
DOCUMENT NOTIFICATION AFFIDAVIT
STATEOF
COUNTYOF O(ttMY
I, Vinr'on� _StttJd CL&Sar'Ic acknowledge that l have legal
(Prin(ed Name)
authorization to contractually bind 5S5 for Z-4 OPCo I IX —
(Company Name)
I acknowledge that I have read and reviewed the following notifications:
• Insurance Requirements
• Non -Collusive Affidavit
• Drug -Free Workplace Provisions
• Public Entity Crimes Notification
• E-Verify Acknowledgement
• Scrutinized Vendor Certification
• Vendor Performance Acknowledgement
I hereby swear or affirm that I have read and that I understand and accept all the requirements
and regulations imposed by the above -referenced notifications.
The foregoing Affidavit was subscribed and sworn to before me this I$ day of
Karch , 2020, by V- Set r, Cv5A -�- who Is
personally known to me or who has produced as identification and who did
take an oath.
�U�inn ruin
NotaMpublic Name:
Notary Public Signature:
Notary Commission Expiration: • 2520
s unmaean e a, se,wa
NOTARY PUBLIC
—STATE OF FLORIDA
Cammp FFRS5373
t Expires 4/26/2020
arvor
SERA n _
HOME OF PELICAN ISLAND
OFFICE OF THE CITY MANAGER
1225 MAIN STREET - SEBASTIAN, FL 32958
PHONE 772-388-8200 - FAX 772-581-0149
PearlisleCkcitvofsebastian.ore -w .cityofsebastian.ore
March 16, 2020
Mr. Tim Velde
Tropical Property Management
P.O. Box 650395
Vero Beach, FL 32965
RE: Assignment of Contract Services
Dear Mr. Velde,
This letter is in reference to your request to transfer the CRA Landscape Service Agreement dated
January 15, 2016, to SSS Brevard OPCO, LLC dba Tropical Property Management due to the recent merge
of your company with them.
The current agreement under Section 1 Teem is for three years and two automatic one-year terms,
which would conclude the contract, barring any circumstances to the contrary to January 15, 2021. The
Sub -Contracts and Asshmability Clause under Section 14 allows for the transfer, but only with the
expressed written consent of the City Manager.
By way of this letter I am granting the transfer of the CRA Landscape Services Agreement from Tropical
Property Management Inc. to SSS Brevard OPCO, LLC dba Tropical Property Management, under the
same terms and conditions as in the original Agreement provided the following conditions are met.
SSS Brevard OPCO, LLC dba Tropical Property Management must execute the attached document
notification affidavit.
Please advise as to when this assignment is set to begin and the required documentation will be
submitted.
Tha
Paul E. Carlisle
City Manager
Or
SEAT_"
HOME OF PELICAN ISLAND
NOTIFICATIONS
Administrative Services Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772)388-8232
INSURAJJCE REOUIEjEM, ItjS
Contrac or o o iagrees n and maintain Liability, Property Damage and Workers
Compensation Insurance, naming the City of Sebastian as additional insured. It is the
Contractor's responsibility to ensure that the City is provided a current Insurance Certificate at
all times.
NON -COLLUSIVE AFFIDAVIT
The Contractor and its officers, partners, owners, agents, representatives, employees or parties
in interest, swears and attests that it is fully informed respecting the preparation and contents of
the attached Solicitation, and of all pertinent circumstances respecting the provision of the
goods or services to the City of Sebastian. The offer or submittal being made is genuine and is
not collusive or a sham.
I certify that all information contained in the submittal is truthful to the best of my knowledge and
belief. I further certify, under oath, that this submittal is made without any colluded, conspired,
connived or agreed, directly or indirectly, with any other firm, person or corporation responding
to this solicitation for the same product or service. I certify that the offer quoted/proposed in the
attached submission is fair and proper and are not tainted by collusion, conspiracy, connivance,
or unlawful agreement on the part of the firth or any other of its agents, representatives, owners,
employees or parties in interest, including this affidavit.
DRUG -FREE WORKPLACE PROVISIONS
In accordance with Florida Statue 287.087, firm certifies that:
(1) Publish a written statement notifying that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace
named above and specifying actions that will be taken against violations of such
prohibition.
(2) Informs employees about the dangers of drug abuse in the work place, the firm's policy
of maintaining a drug free working environment, and available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug use violations.
(3) Gives each employee engaged in providing commodities or contractual services that are
under bid or proposal, a copy of the statement specified above.
(4) Notifies the employees that as a condition of working on the commodities or contractual
and will notify the employer of any conviction of, plea of guilty or nolo contenders to, any
violation of Chapter 1893, or of any controlled substance law of the State of Florida or
the United States, for a violation occurring in the work place, no later than five (5) days
after such conviction, and requires employees to sign copies of such written (')
statement to acknowledge their receipt.
(5) Imposes a sanction on, or requires the satisfactory participation in, a drug abuse
assistance or rehabilitation program, if such is available in the employee's community,
by any employee who is so convicted.
(6) Makes a good faith effort to continue to maintain a drug free work place through the
Implementation of the drug free workplace program.
PUBLIC
II understand t at a Vpubc entity) criime"las defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with aspect to and directly related to
the transaction of business with any public entity or with an agency or political subdivision of any
other sate or with the United States, including, but not limited to, any bid or Agreement for
goods or services to be provided to any public entity or an agency or political subdivision of any
other state or of the United States and involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of
a plea of guilty or nolo contenders.
I understand that "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
(1) A predecessor or successor of a person or a corporation convicted of a public entity
crime, or
(2) An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime, or
(3) Those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active In the management of an affiliate, or
(4) A person or corporation who knowingly entered into a joint venture with a person who
has been convicted of as public entity crime in Floridallduring the preceding 36 months.
EMPLOYContractor acknowledges dgelslTY and agrees Ao luDtilize t6eEU.$E DepartmentofHomeland Security's
Employment Eligibility Verification System (E-Verify) to do the following:
(1) Enroll in the U.S. Department of Homeland Security's E-Verify system;
(2) Utilize E-Verify to verify the employment eligibility of all new employees hired during the
term of the Contract;
(3) Utilize E-Verify to verify the employment eligibility of all employees assigned to the
Contract; and
(4) Expressly require any subcontractors performing work or providing services pursuant to
the Contract to likewise utilize E-Verify to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
SCRUTINIZFp_D yyEND R CERTIFICA ON
6ontractor frereby cart ies under pena ties of perjury, as of the date of this solicitation to provide
goods and/or services to the City of Sebastian, that it:
(1) Does not participate in a boycott of Israel; and
(2) Is not on the Scrutinized Companies that Boycott Israel List; and
(3) Is not on the Scrutinized Companies with Activities in Sudan List; and
(4) Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List; and
(5) Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City of
Sebastian 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 the
receipt of the notice to respond in writing and demonstrate that the determination of false
certification was made 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 § 287.135.
Section 287.135, Florida Statutes, prohibits state agencies and departments, and local
government entities from: 1) Contracting with companies for goods or services in any amount if
at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the
company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for
goods or services over $1,000,000.00 that are on either the Scrutinized Companies with
activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are
engaged in business operations in Syria.
yFf R PERFOignh CE ACKNOWLEDGMENT
A City esignee wilt evaluate the services provided, noting the overall service performance of
the Contractor.
Contractor acknowledges that performance ratings will be used to evaluate the performance
and conformance to contract requirements, specifications and standards of good workmanship.
END OF DOCUMENT