HomeMy WebLinkAbout12-09-2020 CRA Agendai. CHRISTOPHER LAWHON, IN REGARDS TO LOT 16, BLOCK 493, SEBASTIAN
HIGHLANDS UNIT 15, LOCATED AT 242 DICKENS AVENUE, IS REQUESTING A
VARIANCE TO ALLOW A 280 SF SHED TO BE TWO (2) FEET FROM THE SIDE
PROPERTY LINE AND WITHIN A DEDICATED UTILITY EASEMENT, WHEREAS
THE CODE REQUIRES THE STRUCTURE TO BE TEN (10) FEET FROM THE SIDE
YARD PROPERTY LANE IN THE RS-10 (RESIDENTIAL SINGLE-FAMILY) ZONING
DISTRICT. (Transmittal, Staff Report, Exhibits, Application)
ii. CHRISTIAN ELLIS, IN REGARDS TO LOT 20, BLOCK 231, SEBASTIAN
HIGHLANDS UNIT 6, LOCATED AT 702 CARNATION DRIVE, IS REQUESTING A
VARIANCE TO CONSTRUCT A FENCE SIX (6) FEET IN HEIGHT ON A CORNER
LOT WITHIN THE SECONDARY FRONT YARD AREA, SPECIFICALLY ELEVEN
AND ONE-HALF (11.5) FEET FROM THE CORNER PROPERTY LINE, WHEREAS
THE CODE WOULD REQUIRE SUCH FENCE TO BE TWENTY (20) FEET FROM
THE CORNER PROPERTY LINE. (Transmittal, Report, Exhibits, Application,
Signatures)
— 10. ADJOURN THE BOARD OF ADJUSTMENT MEETING AND CONVENE THE
COMMUNITY REDEVELOPMENT AGENCY MEETING
A. Approval of September 28, 2020 CRA meeting minutes.
Award Bid (ITB#21-02) Landscaping Maintenance in the CRA District to SSS
Brevard OPCO LLC dba Tropical Property Management with an Annual Expense of
$171,684 (Transmittal, Bid Tab, Ex. A, Reference Checks, Specs)
—� 11. ADJOURN THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND
RECONVENE THE REGULAR CITY COUNCIL MEETING
12. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member City Council so requests; in which event, the
item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent
agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the
meeting or by raising his/her hand to be recognized.
A. Approval of Minutes — November 18, 2020 Regular City Council Meeting
B. Resolution No. R-20-33 — Expressing Support for an Innovative Pilot Project by
AguaCulture, LLC (Transmittal, R-20-33)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SUPPORTING AN INNOVATIVE PILOT PROJECT BY AGUACULTURE, LLC TO REMOVE
INVASIVE AQUATIC VEGETATION AND UNCONSOLIDATED SLUDGE FROM LAKE
OKEECHOBEE WHICH WILL REDUCE CONFLICTS; PROVIDING FOR SCRIVENER'S
ERRORS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
C. Notification and Ratification Request of Emergency Contract for Ground Application
Services from Aquatic Vegetation Control, Inc., using South Florida Water
Management District Contract #4600004255 in an Amount Not to Exceed $50,000
(Transmittal, Agreement, Notice, Certificate, Rate Sched., Cover Page, Information)
Special City Council Meeting
2"d FY20/21 Budget Hearing
September 28, 2020
Page 2
Attorney, Special Counsel Dan Abbott, the City Manager and Court Reporter Greg
Campbell. The session was expected to last one hour.
The City Clerk confirmed the meeting notice was was on the corkboard in City
Hall's lobby, on the website, and distri uted to a standing e-mail list as well as the
Council Members.
Council then convenedto2nd floor conference room at 5:03 p.m. and terminated the
attorney client sess9rrat 5:36 p.m.
6. REOPEN G`OF PUBLIC MEETING TO ANNOUNCE TERMINATION OF ATTORNEY-
CLIW SESSION
Mayor Dodd reconvened the public portion of the meeting at 6:00 p.m. All Council
Members were present.
7. CONVENE PUBLIC HEARING FOR THE COMMUNITY REDEVELOPMENT AGENCY
FY20121 BUDGET
A. Conduct Public Hearino on CRA Budoet for FY20/21 — CRA Resolution No. 21-01
(Transmittal. CRA 21-01, Ex. A)
A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT
AGENCY (CRA) ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBE_R
1, 2020 AND ENDING SEPTEMBER 30, 2021; MAKING FINDINGS; AUTHORIZING
AMENDMENTS AND TRANSFERS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENER'S ERRORS, AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title to CRA Resolution No. 21-01. The City Manager said this
was required to be adopted separately but will be incorporated into their overall budget
document.
There was no public comment.
MOTION by Vice Chairman Hill and SECOND by Mr. McPartlan to approve CRA
Resolution No. 21-01 adopting the FY20/21 Community Redevelopment Agency budget.
Roll call: Chairman Dodd - aye
Vice Chairman Hill - aye
Mr. Jones - aye
Mr. McPartlan - aye
Mr. Nunn -aye
Motion carried. 5-0
8. MAYOR DODD RECONVENED THE CITY COUNCIL MEETING AT 6:03 P.M.
On w
SEBAS_F'NN
HOME OF PELICAN ISLAND
CRA BOARD AGENDA TRANSMITTAL
Council Meetina Date: December 9, 2020
Agenda Item Title: Award Invitation to Bid (ITB) #21-02 Landscape Maintenance in Sebastian
CRA District to SSS Brevard OPCO LLC dba Tropical Property Management
with an annual expense of $171,684 for a 3-year contract term.
Recommendation: The Procurement Division, on behalf of the Community Development
Department, recommends that CRA Board AWARD ITB #21-02 to SSS
BREVARD OPCP LLC DBA TROPICAL PROPERTY MANAGEMENT with
an annual expense of $171,684 for a 3-year contract term.
Backaround: An ITB soliciting these services was advertised via local newspaper and
released on November 2, 2020 via the City's website; DemandStar.com and myVendorLink.com. All bids
were due electronically on November 20, 2020, in which one (1) bid was received. The bid was reviewed for
responsiveness by the Procurement Division and reviewed by the end -user departments to ensure all
requirements were met as provided in the solicitation documents and specifications. This ITB replaces a
contract for these services awarded in 2016. The proposed contract cost for the services currently being
provided will decrease by an annual amount of $8,766 and additional services were added.
It is recommended to award ITB 921-02 to the lowest, responsive and responsible Bidder, SSS BREVARD
OPCP LLC DBA TROPICAL PROPERTY MANAGEMENT for Landscape Maintenance in Sebastian CRA
District. This award will result in a 3-year contract term with the option to renew for two (2) — one (1) year
terms contingent upon Contractor's performance and availability of budget.
I Monthly Cost (w/ Fertilization Oct. - May): $12,657 (8 months) = $101,256
I Monthly Cost (w/o Fertilization June — Sept.): $11,607 (4 months) = $46,428
1 ADDITIONAL SERVICES: US Highway 1 (monthly) lj$2,000 ((2 months) = $24,000
1 TOTAL ANNUAL: $171,684
If Apenda Item Reauires Expenditure of Funds:
Budgeted Amount: $171,684.00
Total Cost: $171,684.00
Funds to Be Utilized for Appropriation: CRA and Stonnwater Utility Fund
Attachments:
1. Bid Tabulation ITB 21-02
2. Bid Form submitted by Recommended Bidder (Exhibit A" of Agreement)
3. Reference Checks for Recommended Bidder
4. Proposed Agreement with Specifications
Administrative Services Department view. 1J. `
City Attorney Review:
k5_ IL 0
Procurement Division Review, if app#Cable: 4I'
City Manager Authorization:
Date: IL411�
LIT) lY
SE�T�N
HOME OF PELICAN ISLAND
BID TABULATION
Administrative Services Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772)388-8231
ITB 21-02 LANDSCAPE MAINTENANCE IN SEBASTIAN CRA DISTRICT
Due Date: November 20, 2020 at 2:00 PM EST
Date: November 23, 2020
Bids Received
MONTHLY ANNUAL BID
TOTAL TOTAL ALTERNATIVE
SSS BREVARD OPCO LLC
$11,607.00
dba TROPICAL PROPERTY
(June 1 —Sept. 30) $147,684.00 $ 2,000.00
$12,657.00
MANAGEMENT
(Oct. 1 — May 31)
Notes:
1. The above list of bids received is made available for information purposes only, requested in
the form of a Public Records Request in accordance with Chapter 119, Florida Statutes.
2. The City of Sebastian has a pending review of the bids by the Procurement Division and
end -user department to determine lowest, most responsive and responsible Bidder.
3. The City of Sebastian shall have no liability to any successful Bidder unless and until the
City executes a contract with such Bidder.
4. If additional information is requested, Bidder(s) will be contacted and such notice will be
provided.
5. Any and all notices will be posted on the City's website, DemandStar.com and
VendorLink.com.
If there are any questions or request for clarification regarding this list of bids received, please
contact Ann -Marie Fraser, CPPB, MBA — Procurement/Contracts Manager at
afrase r(dcitvofse basti an. o rci.
Thank you for your interest in doing business with the City of Sebastian.
HOME OF PELICAN ISLAND
LANDSCAPE MAINTENANCE IN SEBASTIAN CRA DISTRICT
n8921-az I EIECIRONICSID FMM
M DLS1RICr IAKD EMAIHIENANCE
COMPANY NAME: SSS Brevard OPCO, LLC d/b/a Tropical Property Management
COMPANY ADDRESS: 6300 1st St SW, Vero Beach, FL 32968
CONTACT PERSON: Tim Velde (TITLE: Senior Branch Manager
PHONE: 772-562-1800 EMAI I office@tpmlandscape.com
The awarded Contractor agrees to furnish all supervision, labor, materials and equipment tools, transportation, supplies, traffic control and expertise
necessary for providing services in a good, rrrm, substantial and workmanlike manner, in accordance with the specifications listed in Section 4 of the
ITS Document.
I A. TURF AND LAWN MAINTENANCE I
1 Monthly Cost 1 $ 7,296•001
B. ORNAMENTAL AND SHURB MAINTENANCE
Monthly Cost 1 $ 1,924.001
C. TREE MAINTENANCE I
Monthly Cost $ 912.00
D. PEST CONTROL
Monthly Cost $ 1,575.D0
cost
I. MONTHLY TOTAL
E. FERTILIZATION
ITAL W/ FERTILIZATION APPLICATION (A+B+C+D+E)1 $ 12,657.00 1
ANNUAL COST ((I x 12)+(II x8))J $ 8,:o -00 IS 147,684.00
81 LG07 x IZ = b 139.284
-- -- - ;1.050x8=SS400
Q9
511.607 x 4 = $46.428
512.657 x 8=SIDI256
The Bid Total shall remain in full force and effective for a period of sixty (60) days after the time bids are due. During this time, Bidder will not
revoke or cancel this bid or withdraw from the competition. The Bidder further attests that the Bid Total herein proposed represents and
includes the entirety of the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per the ITB documents.
The Bidder, if awarded, agrees to the following:
- Contractor is responsible for submission of completed permit documents to City's Building Department. City will be responsible for all permit
costs.
-Shall maintain a neat and orderly job site, cleanup and consolidation for site storage is a must on a daily basis
- Contractor shall provide a one (1) y ar warranty (nit defects on all workmanship and materials
IsiGNATURE:�yC i_./ _ _ — (DATE:
Page 1 of 1
ono
58—PWRAN rM #21-02 FORM
NOW OF D PUKM WM CRA LANDSCAPE MAINTENACE
REFERENCE LIST
Bidder's Name: n!P,--tl LL-( 4b.TXnMCQA
a=pk J llhr�
List a minimum of three (3) client references that can speak to the Bidders experience and
performance, within the last five (5) years. References from public sector clients are preferred. The City
will send Reference Check Surveys via email to the references provided. If the contact Information Is
incorrect or the reference does not respond, the Bidder will lose points awarded for this criterion.
qReferences #f
Company Name: mil' 'Prow-rlhe5
Location (City, State): jaecL&, 1p L.
Contact PersonMtle:
Email Address: Owe. stair 0 W irglabefi 61icka -C&M
Dates of Service;
�Services Provided:
Issues Experienced, if
none write N/A.
--I
Company Name:
Location (City, State): &4 zo CCV'ZXW
Contact Personffitle:
Phone# 7 7>) ef qq -
Email Address:
Dates of Service:
Services Provided:
Issues Experienced, it
none write NIA.
Saes -rxo�S . A-rZ-
in I'D) /Je -To euzAfjr
LArAA ; LA ICA"r-lAim'? 2:
Ria
Company Name:Stut,vgirucpi &mwAoirl
Location (City, State):
contact Personmtie: j-,jXXLJ I -Y I Phone#:
On) -01-1
Email Address: - 0)0111 AW14WJO r* cw-rz) XcAaDeA. tn^A
Dates of Service —+6:5 /11 - -r-- cugow—'
Services Provided: LAWA)i IA..qLcgt, UT
Issues Experienced, if /VA
none write WA:
Failure to WIlvaornolete and submit this List may result in reiection of the submittal
Page 21 of 26
zc�
PROCUREMENT DIVISION
1225 Main Street, Sebastian, FL 32958 1 Office: (772) 388.8231 1 afraser@Dcityofsebastian.org
HOME or PELICAN IgLkw REFERENCE CHECK SURVEY
SUBMIT VIA EMAIL: REFERENCESO-CITYOFSEBASTIAN.ORG
Contractor Being Surveyed
Contractor Name: I SSS BREVARD OPCO LLC dba TROPICAL PROPERTY MANAGEMENT
Person Completing the Surve,,
Company Name: Windsor Properties
Name: Dave Blair I Date: 1112102r2020
Title: Community Association Manager Email or Phone #: I dave.blair@windsorflodda.com
If you do not have sufficient knowledge of Derformance in a specific area, write N/A.
1. What services did the Contractor provide to your company? Lawn and Landscape Maintenance
Lawn and Shrub Fertilization and Pest Control
Rate each criterion on a scale of 1-5, 5 beinq very satisfied and 1 beinn very unsatisfied.
2. Contractor's Qualifications and Fee Structure
4. Quality of Work
SCORE (1 -5)
5
5
5
Circle one option for each question. Provide details whe
!i. Were project(s) completed on time?
6. Were project(s) completed within budget?
7. Were there any problems encountered? If yes, describe in comments.
8. Would you recommend this Contractor?
9. How would you rate this Contractor overall?
10. Comments
•e necessary.
ES NO
ES NO
YES ®0
ES NO
POOR AVERAGE®'
SpASTIA
PROCUREMENT DIVISION
1225 Main Street, Sebastian, FL 329581 Office: (772) 388-8231 1 afraser@cityofsebastian.org
aoMrarl ucnwuuwo REFERENCE CHECKSURVEY
SUBMIT VIA EMAIL: REFERENCES(rQCITYOFSEBASTIAN.ORG
Contractor Being Surveyed
Contractor Name: I SSS BREVARD OPCO LLC dba TROPICAL PROPERTY MANAGEMENT
Person Completing the Survey
Company Name: I Insite Solutions, Inc.
Name: Jodie Love Date: 12/02/2020
Title: I Administration to Owner Email or Phone #: 772-999-3494
If you do not have sufficient knowledae of performance in a soecific area. write NIA.
1. What services did the Contractor provide to your company? Lawn and Landscape Maintenance
Fertilization and Pest Control
Rate each criterion on a scale of 1.6, 5 being very satisfied and 1 beinq very unsatisfied
CRITERIA $CORE (144
2. Contractor's Qualifications and Fee Structure 5
3. Customer Service and Response Time to Inquiries 5
4. Quality of Work Performed 5
Circle one option for each question. Provide details where necessary.
6. Were project(s) completed on time? YES NO
6. Were project(s) completed within budget? ES NO
7. Were there any problems encountered? If yes, describe in comments. YES Q
8. Would you recommend this Contractor? ES NO
9. How would you rate this Contractor overall? POOR AVERAGE `�
10. Comments We've gone through many companies with the various HOAs that we service and we have never received a
a call from residents. We are happy with their services, they are effiecent.
Ma
i.
HOME OF PELICAN ISLAND
PROCUREMENT DIVISION
1225 Main Street, Sebastian, FL 32958 1 Office: (772) 388-8231 1 afraser@cityofsebastian.org
REFERENCE CHECK SURVEY
SUBMIT VIA EMAIL: REFERENCESng CITYOFSEBASTIAN.ORG
Contractor Being Surveyed
Contractor Name: I SSS BREVARD OPCO LLC dba TROPICAL PROPERTY MANAGEMENT
Person Completing the Survey
Company Name:
Orchid Island Goff & Beach Community Association
Name:
Larry Hoffman
bate:
Email or Phone #:
11210212020
Tittle:
Property Manager
1 772-581-0310
If you do not have sufficient knowledge of performance in a soecifrc area. write N/A.
1. What services did the Contractor provide to your company? Lawn and Landscape Maintenance
Lawn and Shrub Fertilization and Pest Control
Rate each criterion on a scale of 1-5, 5 beinq very satisfied and 1 beincf very unsatisfied.
CMTERJA — —
2. Contractor's Qualifications and Fee Structure
3. Customer Service and Response Time to Inquiries
4. Quality of Work Performed
SCORE (1-5)
5
5
5
Circle one option for each question. Provide details whet
5. Were project(s) completed on time?
G. Were project(s) completed within budget?
7. Were there any problems encountered? If yes, describe in comments.
8. Would you recommend this Contractor?
9. How would you rate this Contractor overall?
e necessary.
ES NO
(ED NO
YES Q)
ES NO
POOR AVERAGE ®'
10. Comments Extremely accommodating and a pleasure to work with. Company is stable, same employees working with
them for years. Size of the company allows for them to complete big projects on time.
CRA DISTRICT LANDSCAPE MAINTENANCE AGREEMENT
ITB #21-02: Landscape Maintenance in Sebastian CRA District
This Agreement is entered into by the parties this day of
1. Parties:
City of Sebastian, a municipal corporation of the State of Florida, (City).
and
SSS Brevard OPCO LLC dba Tropical Property Management (Contractor).
2. Designated Contact Person as to City:
Lisa Frazier (PROJECT MANAGER)
Community Development Director
1225 Main Street
Sebastian, Florida 32958
Phone:772-388-8228
Email: [frazier@rityofsebastian.org
2020.
3. Designated Contact Person as to Contractor:
Tim Velde
Senior Branch Manager
6300 1' St SW
Vero Beach, FL 32968
Phone: 772-562-1800
Email: office@tpmlandscape.com
4. Agreement Document. In resolving conflicts, errors, discrepancies, and disputes concerning the
scope of services or other rights or obligations of the parties, precedence shall be given in the
following order (1) a fully executed Amendment to this Agreement, (2) provisions of this Agreement,
(3) provisions of the Invitation to Bid, (4) provisions of Contractor's Bid Submission, (5) provisions of
the Purchase Order, and (6) provisions contained in any governmental regulation incorporated herein
by reference. There are no understandings or agreements except as herein expressly stated.
1. Exhibit "A" — Bid Form submitted by Contractor
2. Exhibit "B" — Contractor's Bid Submission
3. Exhibit "C" — ITB #21-02 Solicitation Documents, including any addenda, plans and specifications
5. Services. Contractor is to furnish all supervision, labor, materials, equipment, tools, transportation,
supplies and expertise necessary for providing services. Components of the landscaping
maintenance services include but are not limited to: turf, ornamental and shrub maintenance; tree
maintenance, fertilization and pest control, in accordance with the specifications listed in Exhibit "C".
6. Term. The effective date will be on January 15, 2021 for a three (3) year term, with the option to
renew for two (2) — one (1) year terms contingent upon Contractor's performance and budget
availability. Proposed changes to fees shall be communicated, in writing, to the City 90 days prior to
agreement expiration. The intent to extend the agreement will be by written notification to the
Contractor by the Procurement Division 60 days prior to agreement expiration.
NOTE: The City, at its sole discretion, reserves the right to exercise this renewal option.
Compensation. City shall pay Contractor for the completion of the work, in accordance with the
Bid Form set forth on the attached Exhibit "A" in the annual cost of ONE HUNDRED SEVENTY-ONE
SIX HUNDRED EIGHTY-FOUR DOLLARS AND ZERO CENTS ($171,684.00). Item quantities can
be modified as determined by the City, unit prices shall be consistent with Bid Form - Exhibit "A".
Completed work must be inspected and accepted by the City of Sebastian's designated Project
Manager.
NOTE: The City reserves the right to request additional information or documentation to detail
items on payment request.
City of Sebastian, Florida / SSS Brevard OPCO LLC dba Tropical Property Management
ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 1 of 10
B. COVID-19 Disclaimer. Due to the public health and safety concerns relating to the COVID-19 Virus,
the Stakeholder may, in their sole discretion, unilaterally alter the Term or other terms of the
Agreement(s) or purchase order(s) to ensure the safety and welfare of the Stakeholders residents
and employees. No prior written notice shall be necessary to modify the Term pursuant to this
paragraph. Unless otherwise explicitly stated, all other provisions of the Agreement or Purchase
Order shall be binding upon the parties.
9. Notices. All notices between City and Contractor, as required under the Agreement, shall be by
telephone, facsimile, e-mail, mail, or by personal delivery to the respective designated contact person
identified above. Either designated recipient may notify the other, in writing, if someone else is
designated to receive notice.
10. Modification of Agreement. The Agreement may only be modified or amended upon mutual written
agreement of City and Contractor. No oral agreements or representations shall be valid or binding
upon City or Contractor. No alteration or modification of the Agreement terms, including substitution
of product, shall be valid or binding against City. Contractor may not unilaterally modify the terms of
the Agreement by affixing additional terms by incorporating such terms onto Contractor's documents
forwarded by Contractor to City for payment. City's acceptance of product or processing of
documentation on forms furnished by Contractor to City for approval or payment shall not constitute
acceptance of the proposed modification to terms and conditions.
11. Services Provided by Contractor. The Services to be provided by Contractor are summarized in
Exhibit "C", attached to this Agreement. If City identifies any additional Services to be provided by
Contractor that are not covered under the original Agreement, such additional services shall be made
a part of this Agreement by a written Amendment.
12. City's Project Manager. City shall designate a Project Manager. All work done by the Contractor
shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any
and all technical questions which may arise as to the quality, completeness and acceptability of work
performed, or work to be performed, interpretation of plans/specifications and all technical questions
as to the acceptable fulfillment of the Agreement on the part of the Contractor, shall be referred to the
City Manager who will resolve such questions. All work shall be subject at all times to inspection and
review by the Project Manager and the City.
13. Materials, Services, and Facilities: It is understood that, except as otherwise specifically stated in the
Agreement, Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power,
transportation, supervision, temporary construction of any nature, and all other services and facilities of
any nature whatsoever necessary to execute, complete, and deliver the Services within the specified
time. The City will provide Contractor with access to the Facilities so as to permit Contractor to meet its
obligations herein.
THIS PAGE INTENTIONALLY LEFT BLANK
City of Sebastian, Florida / SSS Brevard OPCO LLC dba Tropical Property Management
ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 2 of 10
14. Insurance. During the term of the Agreement, Contractor, at its sole expense, shall provide insurance
of such a type and with such terms and limits as noted below. Providing and maintaining adequate
insurance coverage is a material obligation of Contractor. Contractor shall provide City a certificate(s)
of insurance, evidencing such coverage. It is the Contractors responsibility to ensure that the City
has current Certificate(s) of Insurance at all times during the duration of the agreement, including
renewal terms.
14.1 Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect
the primary interests of City, and these coverage's, limits or endorsements shall in no way be required
to be relied upon when assessing the extent or determining appropriate types and limits of coverage to
protect Contractor against any loss exposures, whether as a result of the Project or otherwise. The
requirements contained herein, as well as City's review or acknowledgement, is not intended to and
shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this
Agreement.
Comprehensive Liability Not less than $1,0e300,000 Combined Single Limit per each occurrence.
Automobile Liability Not less than $500,000 Combined Single Limit
In accordance with Florida Statutes 440, maintain worker's
Worker's Compensation compensation insurance to the extent required by law for all their
employees to be engaged in work under this Agreement.
14.2 Other Insurance Provisions:
14_2.1 City of Sebastian, its council members, officers, employees and agents are to be covered
as an Additional Named Insured on all policies except Worker's Compensation. The
coverage shall contain no special limitation on the scope of protection afforded to the City,
its council members, officers, employees and agents. Contractor shall provide a Certificate
of Insurance to City with a thirty (30) day notice of cancellation and/or changes in policy
language, and ten (10) day notice if cancellation is for nonpayment of premium. The
certificate shall indicate if coverage is provided under a "claims made" or "occurrence"
form.
14_2.2 Contractor has sole responsibility for all insurance premiums and shall be fully and solely
responsible for any costs or expenses as a result of a coverage deductible, co-insurance
penalty, or self -insured retention; including any loss not covered because of the operation of
such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or
limitation. For deductible or self -insured amounts that exceed $10,000, Contractor shall
maintain a Commercial Surety Bond or Letter of Credit in an amount equal to said
deductible or self -insured retention.
14_2.3 Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the
City, its officials, employees or volunteers shall be excess of Contractor's insurance and
shall be non-contributory.
14_2.4 For all policies of insurance: Contractor and its insurance carrier waive all subrogation
rights against City for all losses or damages that occur during the agreement and for any
events occurring during the agreement period, whether the suit is brought during the
agreement period or not. The City requires General Liability policies to be endorsed with
CG 24 04 Waiver of Transfer of Rights of Recovery Against Others to Us or similar
endorsement, and a WC 00 0313 Waiver of Our Right to Recover from Others for Workers
Compensation coverage.
City of Sebastian, Florida / SSS Brevard OPCO LLC dba Tropical Property Management
ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 3 of 10
15. Change Orders. City may at any time, as the need arises, order changes within the scope of the
services without invalidating the Agreement. If such changes result in an increase or decrease in the Bid
Price(s), or in the time required for performance of the Services, an equitable adjustment shall be
authorized byway of a Change Order.
16. Indemnification. The Contractor shall indemnify and hold the City harmless from any and all
personal injury or property damage claims, liabilities, losses or causes of action which may arise out
of the use and occupancy of the property by the Contractor, its family, associates, Contractors,
agents, employees, customers and attendees. Nothing in this agreement shall be construed as the
City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or
governmental immunity. The selected Proposer shall pay all claims and losses in connection
therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the
name of the City, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney's fees which may be incurred thereon. The selected Proposer expressly
understands and agrees that any insurance protection required by this agreement or otherwise
provided by the selected Proposer shall in no way limit the responsibility to indemnify, keep and save
harmless, and defend the City or its officers, employees, agents, and instrumentalities as herein
provided.
17. Termination of Agreement. Either party may terminate this Agreement by giving the other party
thirty (30) days written notice. If either party defaults in the performance of this Agreement or
materially breaches any of its provisions, the non -defaulting party may, at its option, terminate this
Agreement by giving written notification thereof to the defaulting party. In the event of termination,
City will be responsible for compensating Contractor only for those Services satisfactorily completed
or partially completed up to the date of termination. Contractor shall not be entitled to compensation
for loss of anticipated profit.
18. Licenses and Certifications. Contractor, or its sub-Contractor(s), shall possess and maintain during
the term of this Agreement any and all licenses required to perform the Services covered under this
Agreement, as stipulated by the State of Florida and The City of Sebastian.
19. Public Records: Contractor will keep and maintain public records required by the City to perform the
service. Upon request from the City's custodian of public records, Contractor will provide the City with
a copy of the requested records or allow the records to be inspected or copied within a reasonable
time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as
otherwise provided by law. Contractor will ensure that the 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 term of the Agreement and following completion of the
Agreement if Contractor does not transfer the records to the City. Upon completion of the
Agreement, Contractor will transfer, at no cost, to the City all public records in possession of the
Contractor or keep and maintain public records required by City to perform the service. If Contractor
transfers all public records to City upon completion of the Agreement, Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If Contractor keeps and maintains public records upon completion of the Agreement,
Contractor shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's custodian of public records,
in a format that is compatible with the information technology system of the City. If Contractor does
not comply with the City's request for public records, the City shall enforce the provisions of the
Agreement in accordance with the terms of the Agreement and may cancel the Agreement.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF
PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL:
jwilliams@cityofsebastian.org; PHONE: 772-388-8215.
City of Sebastian, Florida / SSS Brevard OPCO LLC dba Tropical Property Management
ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 4 of 10
20. Payment of Payment Requests:
20.1 Prompt Payment. City shall make payment of a payment request in accordance with Chapter
218, Part VII of the Florida Statutes "Local Government Prompt Payment Act" from the date
which a properly received payment requestlinvoice is recorded as received by City, for Services
completed to the satisfaction of City.
20.2 Form of Request. If the payment request is not received in proper order, City may reject the
payment request within ten (10) business days after the date on which the payment request is
recorded as received by City. City shall provide Contractor with a written notification of the
rejection specifying the deficiency and corrective measures necessary to make the payment
request proper. Upon receipt of a payment request that corrects the deficiency, City shall make
payment in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government
Prompt Payment Act", or reject the payment request, within ten (10) business days after the date
on which the corrected and proper payment request is recorded as received by City.
20.3 Resolution of Payment Request Disputes. In the event of a dispute between Contractor and
City concerning the full or partial payment of a payment request, such disagreement shall be
finally determined by City. If the dispute between Contractor and City involves a portion of a
payment request, the undisputed portion shall be paid by City in a timely manner, as long as the
payment request for the undisputed portion is in proper order. Proceedings to resolve the
dispute will be commenced within forty-five (45) business days after the date the payment
request in dispute was recorded as being received by City. The proceedings may include
meetings between the parties, telephone conferences or such other measures to clarify the
dispute and attempt to resolve the problem; they will be concluded by a final written decision by
City within sixty (60) business days after the date on which the payment request was recorded
as being received by City. Such procedures do not constitute an administrative proceeding that
prohibits a court from deciding de novo any action arising out of the dispute.
20.4 Payments to Subcontractors. When Contractor receives from City any payment for Services
covered under the Agreement, Contractor must pay such moneys received to each
subcontractor or supplier in proportion to the percentage of the Services completed by each
subcontractor or supplier within ten (10) business days after Contractor's receipt of the payment.
If Contractor receives less than full payment, then Contractor shall be required to disburse only
the funds received on a pro rate basis to its subcontractors and suppliers, each receiving a
prorated portion based on the amount due on the payment. If a subcontractor receives payment
from Contractor for labor, services or materials furnished by subcontractors or suppliers hired by
the subcontractor, the subcontractor must remit payment due to those subcontractors or
suppliers within seven (7) business days after the subcontractor's receipt of payment from
Contractor.
THIS PAGE INTENTIONALLY LEFT BLANK
City of Sebastian, Florida / SSS Brevard OPCO LLC dbe Tropical Property Management
ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 5 of 10
21. Warranties:
21.1 Warranty of Ability to Perform. Contractor warrants that, to the best of its knowledge, there are
no pending or threatened actions, proceedings, investigations, or any other legal or financial
conditions, that would in any way prohibit, restrain, or diminish Contractor's ability to satisfy its
obligations under the Agreement.
21.2 Warranty Against Defects in Workmanship. Contractor shall warrant its Services against
defects in materials and workmanship for a minimum period of one (1) year from acceptance of the
Services by City. Should any defects in materials or workmanship appear during the warranty
period, Contractor shall replace the materials or equipment, or repair or re -do the service,
immediately upon receipt of written notice from City, at no additional expense to City. Contractor
shall warrant such replaced materials or equipment, or repaired or re -done Services, for a period of
one (1) year after acceptance of such by City.
21.3 Warranty of Standard Care. In the performance of professional services, Contractor will use
that degree of care and skill ordinarily exercised by other similar professionals in the field under
similar conditions in similar localities. Contractor will use due care in performing its Services and
will have due regard for acceptable professional standards and principles. Contractor's standard
of care shall not be altered by the application, interpretation, or construction of any other
provision of this Agreement. If any of the Services performed by Contractor do not comply with
the foregoing warranties and City notifies Contractor of such, then Contractor shall (at its sole
expense) promptly re -execute the nonconforming Services. All such re -performed Services shall
be performed on a mutually agreed schedule. Contractor shall and does hereby assign to City
the benefits of any of Contractor's sub consultant's or subcontractor's warranties. Such
assignment shall not relieve Contractor of its warranty obligations for performance or standard of
care to City under this Agreement.
21.4 Warranty of Title. Title to any work product fumished by Contractor under the Agreement shall
pass to City to the extent of the payments made for such by City, or on the date that City accepts
the completed Services of Contractor. When title passes to City in accordance with the
Agreement, Contractor warrants that the work product furnished will be free and clear of all
security interests, liens and encumbrances or claims of any party.
22. Additional Terms and Conditions (alphabetically listed):
22.1 Assignment. Neither City nor Contractor shall sell, assign or transfer any of its rights, duties or obligations under the
Agreement without the prior written consent of the other Party. In the event of any assignment, Contractor remains
secondarily liable for performance of the Agreement, unless City expressly waives such secondary liability.
22.2 Bankruptcy or Insolvency. Contractor shall promptly notify City in writing of the filing of any voluntary or involuntary
petition for bankruptcy and/or of any insolvency of Contractor or any of its subcontractors who are involved in the
provision of the Services under this Agreement.
22,3 Compliance with Laws. Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that
are applicable to the conduct of its business, including those of Local, State and Federal agencies having jurisdiction and
authority. These laws, shall include, but not be limited to, Chapter 287 of the Florida Statutes, the Uniform Commercial
Code, the Immigration and Nationalization Act, the Americans with Disabilities Act, the United States Occupational
Safety and Health Act, the United States Environmental Protection Agency, the State of Florida Department of
Environmental Protection, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national
origin, handicap, marital status, sexual orientation, gender identity or expression or veteran's status. Violation of such
laws shall be grounds for termination of the Agreement.
22.4 Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner of degree with the performance of the Services covered under this Agreement. Furthermore,
Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee
working solely for Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for Contractor any fee,
commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this
Agreement. Contractor, and its subcontractors at any tier, certify that they have not entered into any agreement, sub -
agreement, or arrangement In connection with the Project covered under this Agreement, or of any property included or
planned to be included in the Project, in which any member, officer, of employee of Contractor or its subcontractors,
during its tenure, or for two years thereafter, has any interest, direct or indirect.
City of Sebastian, Florida / SSS Brevard OPCO LLC dba Tropical Property Management
ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 6 of 10
225 Correction of Services. Contractor shall promptly remove from the premises all Services rejected by City for failure to comply
with the Agreement, whether incorporated into the Project or not, and Contractor shall promptly replace and re -execute the
Services in accordance with the Agreement, without additional expense to City, and shall bear the expense of making good all
Services of other Contractor's work destroyed or damaged by such removal or replacement. All removal and replacement of
Services shall be done at Contractor's expense. If Contractor does not take action to remove such rejected Services within
ten (10) calendar days after receipt of written notice from City, City may remove such Services on their own and store the
materials at the expense of Contractor.
22.6 City Funds. If sufficient funding is not available for Contractor to complete the Services, City reserves the right to modify
the terms and conditions of the Agreement to change the Scope of Services to reduce the cost to match any available
funding. If such modifications to the Scope of Services are not feasible, or if funding has been totally exhausted prior to
Contractor's completion of its Services, the Agreement shall be terminated on terms reasonably acceptable to both
parties. Additionally, in accordance with Section 216.347, Florida Statutes, and as provided herein, Contractor may not
expend any City funds for the purpose of lobbying the legislature, or local, state or federal agencies.
22.7 Debarment Contractor certifies to the best of their knowledge and belief, that they and their principals 1) are not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Municipal, City, State or Federal department or agency, 2) have not, within a three-year period
preceding execution of this Agreement, been convicted of or had a civil judgment rendered against them for commission
of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or agreement under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving
stolen property, 3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated above, 4) have not within a three-year
period preceding execution of this Agreement had one or more public transactions (Federal, State or local) terminated for
cause or default, and 5) will advise City immediately if their status changes and will provide an explanation for the
change in status.
22.8 Discriminatory Vendor. Contractor certifies that they are not subject to Section 287.134 (2)(a) which specifies that an
entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/bid on an agreement to
provide any goods or services to a public entity, may not submit a Bid/Bid on an agreement with a public entity for the
construction or repair of a public building or public work, may not be awarded or perform work as a Contractor, supplier,
sub -Contractor, or consultant under an agreement with any public entity, and may not transact business with public
entity.
22.9 Dispute Resolution, For any dispute concerning performance of the Agreement, which Includes without limitation
controversies based upon breach of agreement, mistake, misrepresentation, or other cause for agreement modification
or rescission, City shall attempt to reach a mutual agreement as to the settlement and resolution of the dispute with
Contractor. Should a mutual agreement not be reached, City shall render a decision and reduce such to writing and
serve a copy on Contractor. The decision shall be final and conclusive.
22.10 Disposal of Wastes. Contractor shall handle any waste materials generated in the performance of the Services in full
compliance with all laws, regulations, and requirements of all governmental authorities and those of City. Contractor
shall use only disposal facilities which have proper permits and are in full compliance with all Laws. Contractor agrees
that City has the right to reject, for any reason, Contractor's use of any particular disposal facility. All unusable materials
and debris shall be disposed of in an appropriate manner.
The use of a roll off is permitted. Upon final completion, the Contractor shall thoroughly clean up all areas where Work
was done as mutually agreed upon with the Project Manager. Contractor shall at all times, during the performance of
Services, keep the Worksite free and clear of all rubbish and debris. Any material or waste generated by Contractor or Its
employees, agents and Subcontractors shall be removed and disposed of by the Contractor at its expense, to the
satisfaction of the City. In the event Contractor falls to remove all rubbish, debris, materials and waste from the Worksite,
the City may employ labor and equipment necessary to clear the site and charge Contractor for the City's cost incurred
cleaning the site.
Contractor shall restore in an acceptable manner or replace all property, both public and private, which has been
displaced or damaged by the Contractor during the execution of the work. Contractor shall leave the Worksite
unobstructed and in a neat and presentable condition. The term 'property" shall include, but is not limited to, roads,
sidewalks, curbs, driveways, walls, fences, landscaping, awnings, utilities, footings and drainage structures.
22.11 Documentation. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this
Agreement, as well as all data collected, together with summaries and charts derived there from, will be considered
works made for hire and will become the property of City upon expiration or termination of the Agreement without
restriction or limitation on their use. Upon delivery to City of said document(s), City will become the custodian thereof in
accordance with Chapter 119, Florida Statutes. Contractor will not copyright any material and products or patent any
invention developed under this Agreement. Copies of these documents are not to be sold or distributed to third parties
without the written consent of City.
22.12 Drug Free Workplace: Contractor certifies that it has in place a Drug -Free Workplace Program In accordance with the
Drug -Free Workplace Act of 1988 (41 U.S.C. 702-706). Refer to Forth F submitted with Bid.
22.13 Electronic Signature(s). Contractor, if and by offering an electronic signature in any form whatsoever, will accept and
agree to be bound by said electronic signature to all terms and conditions of this Agreement. Further, a duplicate or copy
of the Agreement that contains a duplicated or non -original signature will be treated the same as an original, signed copy
of this original Agreement for all purposes.
City of Sebastian, Florida / SSS Brevard OPCO LLC dba Tropical Property Management
ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 7 of 10
22.14 Employees, Subcontractors and Agents. All Contractor employees, subcontractors, and agents performing any of the
Services under the Agreement shall be properly trained to meet or exceed any specified training qualifications. Upon
request, Contractor shall fumish a copy of certification or other proof of qualification. All employees, subcontractors, and
agents of Contractor must comply with all security and administrative requirements of City. City may conduct and
Contractor shall cooperate in, a security background check or otherwise assess any employee, sub -Contractor, and
agent of Contractor. City may refuse access to, or require replacement of, any of Contractor's employee, subcontractor
and agent for cause, including, but not limited to, technical or training qualifications, quality of services, change in
security status, or non-compliance with City's security or other requirements. Such refusal shall not relieve Contractor of
its obligation to perform all Services in compliance with the Agreement. City may reject and bar from any facility for
cause any of Contractors employees, subcontractors, or agents. City shall have the right to review and approve any
sub -Contractor used by Contractor. Contractor shall be fully responsible to City for the acts and omissions of its
subcontractors, and persons directly or indirectly employed by them. It is Contractor's responsibility to ensure that their
subcontractors are properly licensed to do business in the State ofFlodda and City of Sebastian, as required by law.
All workmen must have sufficient knowledge, skill and experience to properly perform the work assigned to them. All
workmen must have proper FDOT safety vest or safety shirts during any mowing, staging of MOT or clean-up operation.
22.15 Environmental Issues. All notifications regarding environmental issues or requirements shall be sent Immediately to
City's Contact Person. Unless directed otherwise by City, Contractor is not to contact any local, state or federal
govemmental agencies concerning environmental issues involving the Project Site,
22.16 Equal Employment Opportunity. Contractor shall not discriminate on the basis of race, color, sex, age, national origin,
religion, and disability or handicap In accordance with the Provisions of: Title VI of the Civil Rights Act of 1964 (42 U.S.C.
§ 2000 et seg. , Title VII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et sea.), Florida Civil Rights Act of 1992 (§
760.10 et sec.), Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title
49 CFR 26 for Disadvantaged Business Enterprises, Age Discrimination Act of 1975 (42 U.S.C. § 6101, et se . , Title 49
CFR 21 and Tide 49 CFR 23, Nondiscrimination on the basis of handicap, Tide 49 CFR 27, Americans with Disabilities
Act of 1990 (42 U.S.C. 12102, et. sec.), Federal Fair Labor Standards Act (29 U.S.C. § 201, at sea.), and any other
Federal and State discrimination statutes. Contractor shall furnish pertinent information regarding its employment
policies and practices as well as those of their proposed subcontractors as the State of Florida Department of
Transportation, the Secretary of Labor, or City may require. The above shall be required of any sub -Contractor hired by
Contractor. All Equal Employment Opportunity requirements shall be included In all non-exempt sub -agreements
entered into by Contractor. Sub -agreements entered into by Contractor shall also include all other applicable labor
provisions. No sub -agreement shall be awarded to any non -complying sub -Contractor. Additionally, Contractor shall
insert in its sub -agreements a clause requiring subcontractors to include these provisions in any lower fier sub -
agreements that may in turn be made. Contractor shall comply with all state laws and local ordinances.
22.17 E-Verification System. Contractor shall comply with the Executive order No. 12989 as amended, and Executive Order
No. 11-116, and agrees to utilize the U.S. Department of Homeland Security's E-Verify system, h s://e-
verifv.uscis.gov/emo, to verify the employment eligibility of (1) all persons employed by Contractor during the agreement
term to perform any duties within Florida, and; (2) all persons, including subcontractors, assigned by Contractor to
perform work pursuant to this Agreement. Contractors meeting the terms and conditions of the E-Verify System are
deemed to be in compliance with this provision.
22.18 Force Majeure Event. Neither party shall be considered to be in default in the performance of its obligations under this
Agreement, except obligations to make payments with respect to amounts already accrued, to the extent that
performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the
reasonable control, and not a result of the fault or negligence of, the affected party (a "Force Majeure Event'). If a party is
prevented or delayed in the performance of any such obligations by a Force Majeure Event, such party shall immediately
provide notice to the other party of the circumstances preventing or delaying performance and the expected duration
thereof. Such notice shall be confirmed in writing as soon as reasonably possible. The party so affected by a Force
Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall
resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include, but not
be limited to acts of civil or military authority (including courts or regulatory agencies), act of God (excluding normal or
seasonal weather conditions), war, riot, or insurrection, inability to obtain required permits or licenses, hurricanes and
severe floods.
22.19 Governing Law and Venue. The Agreement shall be governed in accordance with the laws of the State of Florida. In
the event of litigation with respect to the obligation of the parties to the Agreement, the jurisdiction and venue of such
action shall be an appropriate State Court in Indian River County, Florida.
22.20 Governmental Restrictions. If Contractor believes that any governmental restrictions have been imposed that require
alteration of the materials used, the quality, workmanship or performance of the Services offered under the Agreement,
Contractor shall immediately notify City in writing, indicating the specific restriction. City reserves the right and the
complete discretion to accept any such alteration or to cancel the Agreement at no further expense to City.
22.21 Immigration and Nationality Act: Contractor shall comply with all immigration laws as outlined in 8 USC � 1324a -
Unlawful emoloyment of aliens. City will not intentionally award City agreements to any Contractor who knowingly
employs unauthorized Alien workers. Any violation of the employment provisions outlined in the Immigration and
Nationality Act throughout the term of any Agreement with City may result in immediate termination of the Agreement.
City will consider the employment of unauthorized aliens a violation of Section 274A (a) of the Immigration and
Nationality Act. Such violation will be cause for unilateral cancellation of the Agreement, by City, If Contractor knowingly
employs unauthorized aliens.
City of Sebastian, Florida / SSS Brevard OPCO LLC dba Tropical Property Management
ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 8 of 10
22.22 Inspection, Performance, Supervision. City reserves the right to inspect the Services provided by Contractor, whether
partially or fully completed, at any time, as deemed appropriate by City for the purpose of ensuring Contractor's
performance under the Agreement. Such inspections performed by City, shall not be construed as a final approval of
Contractor's Service, and shall not relieve Contractor from its obligations under the Agreement. City reserves the right to
Inspect, at any reasonable time with prior notice, Contractor's facilities to assess conformity of the provision of the
Services with the Agreement requirements. City reserves the right to investigate or inspect, at any time, whether the
provision of the Services complies with the Agreement requirements. Contractor shall at all times during the Agreement
tern remain responsive and responsible. Contractor must be prepared, if requested by City, to present evidence of
experience, ability, and financial standing, as well as a statement as to capacity of Contractor for the performance of the
provision of the Services covered under the Agreement. This paragraph shall not mean or imply that it Is obligatory
upon City to make an investigation either before or after award of the Agreement, but should City elect to do so,
Contractor is not relieved from fulfilling all Agreement requirements. Contractor shall supervise and direct the performance
of its Services and shall be solely responsible for the means, methods, techniques, sequences, and safety of construction and
operations. Contractor will employ and maintain at the Project Site a qualified supervisor or superintendent who shall have
been designated in writing by Contractor as the Contractor's representative at the Project Site. The supervisor or
superintendent shall have full authority to act on behalf of Contractor and all communications given to the supervisor or
superintendent shall be as binding as if given directly to Contractor. The supervisor or superintendent shall be present on the
Project Site at all times as required to perform adequate supervision and coordination of the Contractor's Services.
22.23 Lawful Claims and Demands. Should any outstanding claims by subcontractors or suppliers incurred in the
performance of the Services materialize after City has made Payment to Contractor, Contractor will indemnify and save
City harmless from such claims. Acceptance by Contractor of payment shall be and shall operate as a release to City of
all claims and all liabilities to Contractor, other than claims in stated amounts as may be specifically excepted by
Contractor for things done or furnished in connection with the provision of the Services, and for every act and neglect of
City and others relating to or arising out of the provision of the Services covered under this Agreement. Any payment,
whether final or otherwise, shall not release Contractor or his sureties from any obligations under the Agreement.
22.24 Lobbying, Contractor shall not, in connection with the Agreement, directly or indirectly (1) offer, confer, or agree to
confer any pecuniary benefit on anyone as consideration for any City officer or employee's decision, opinion,
recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give
to anyone any gratuity for the benefit of, or at the direction or request of, any City officer or employee. For purposes of
clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment,
gifts, meals, lodging, loans, subscriptions, advances, deposits of money, Services, employment, or agreements of any
kind.
22.25 Non -Collusion. Contractor agrees that neither it, nor any of its officers, partners, agents or employees have entered into
any agreement, participated In any collusion, or otherwise taken any action which is in restraint of a free competitive
solicitation in connection with this Agreement, and that Contractor intends to do the work with its own bona fide
employees or subcontractors and has not provided a response for the benefit of another Contractor. Furthermore,
Contractor certifies that its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation
by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act
prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to submitting a response on any public
agreement
22.26 Non -Funding Clause. In the event sufficient budgeted funds are not available or depleted, City shall notify Contractor of
such occurrence and agreement shall terminate without penalty or expense to the City.
22.27 Non -Performance Clause. The Contractor recognizes that due to the nature of the services to be performed under this
Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by
the City. Non-performance/deficiencies as identified by the City to the Contractor shall be addressed 1. Verbally 2.
Written Notice. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the
City may have the work performed by either its internal personnel or a third party and charge the cost against payments
due the Contractor. Repeated deficiencies may result in the termination of this Agreement.
22.28 Permits. The Contractor shall apply for all required building permits from City of Sebastian and is responsible for any
associated fees.
22.29 Project Site Conditions. Contractor shall be deemed to have examined Project Site(s), if applicable and to have
secured full knowledge of all conditions under which the Services are to be executed and completed.
22.30 Protection of Persons. Contractor will be responsible for the safety of its employees and the employees of its
subcontractors, during the provision of the Services. Contractor will be responsible for initiating, maintaining and
supervising all safety programs in connection with the provision of the Services In accordance with applicable safety
standards and regulations, as promulgated by the United States Occupational Safety and Health Act. Contractor shall
report promptly to City any accident or unusual occurrence during performance of the Services, including personal injury
or death to any Contractor employee, sub -Contractor employee or any member of the public, or any damage to any of
City's property, the Project Site, or adjacent property.
22.31 Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, bid, or reply on an agreement to provide any goods or services to a public
entity; may not submit a bid, bid, or reply on an agreement with a public entity for the construction or repair of a public
building or public work; may not submit bids, bids, or replies on leases of real property to a public entity; may not be
awarded or perform work as a Contractor, supplier, subcontractor, or consultant under an agreement with any public
entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017,
Florida Statutes for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
City of Sebastian, Florida / SSS Brevard OPCO LLC dba Tropical Property Management
ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 9 of 10
22.32 Relationship. Contractor is an independent Contractor to City in the provision of the Services under this Agreement and
is not an employee, agent, joint -venture, or partner of City.
22.33 Remedies. If any event of default occurs, City shall have the right, at the option of City, to pursue all remedies available
at law or equity, including the termination of this Agreement and all rights of Contractor hereunder. Notwithstanding City's
termination of the Agreement, Contractor shall remain liable to City for all claims for damages, costs or attorney's fees
arising prior to such termination.
22.34 Risk of Loss. Until the Services have been accepted by City, risk of loss or damage to any materials, equipment,
supplies or work product, whether partially or fully completed, that are associated with the Services shall remain with
Contractor.
22.35 Schedules, Reports and Records. Contractor shall submit to City cost schedules, progress schedules, estimates,
records, reports, and any other data, as related to the provision of the Services covered under the Agreement.
Furthermore, City reserves the right to inspect and audit Contractor's books and records relating to the Agreement, when
deemed appropriate by City. All schedules, reports and records of Contractor, as they relate to the Agreement, shall be
retained by Contractor for a period of three (3) years from the date of final payment under the Agreement.
22.36 Security and Confidentiality. Contractor shall comply fully with all security procedures of City in the performance of the
Agreement. Contractor shall not divulge to third parties any information obtained by Contractor or its agents,
distributors, resellers, subcontractors, officers or employees in the course of the provision of the Services without the
written consent of City. However, Contractor shall be permitted to release information to third parties if such information
is publicly available through no fault of Contractor, information that Contractor developed independently without relying
on City's information, or information that is otherwise obtainable under State and Federal law as a public record. To
insure confidentiality, Contractor shall take appropriate measures as to its personnel, agents, and subcontractors. The
warranties of this paragraph shall survive the Agreement.
22.37 Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced
only to the extent that it is not In violation of law or is not otherwise unenforceable and all other provisions shall remain in
full force and effect.
22.38 Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will
survive completion or termination of the Agreement for any reason.
22.39 Taxes. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in
accordance with the laws and regulations of the State of Florida which are applicable to the provision of the Services
under the Agreement. City will not pay for any personal property taxes levied on Contractor or for any taxes levied on
Contractor's employees' wages. City is a political subdivision of the State of Florida and holds a State of Florida Sales
Tax Exemption Certificate (No. 85-8012621778C-1). All purchases made by City directly from a dealer, distributor or
manufacturer for materials, equipment or supplies ("direct purchase") instead of through the Contractor are exempt from
sales, consumer, use and other similar taxes.
22.40 Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or
be deemed a waiver of Citys right thereafter to enforce those rights, nor shall any single or partial exercise of any such
right preclude the City of any other or further exercise thereof or the exercise of any other right.
23. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so
and to bind the respective party to the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and
year noted above.
GULFSTREAM BUILDING GROUP, INC
BY:
Scott Holmes
PRESIDENT
ATTEST (SEAL):
Jeanette Williams, MMC
CITY CLERK
THE CITY OF SEBASTIAN, FLORIDA:
BY:
Paul E. Carlisle
CITY MANAGER
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon, Jr.
CITY ATTORNEY
City of Sebastian, Florida / SSS Brevard OPCO LLC dba Tropical Property Management
ITB #21-02 Landscape Maintenance in Sebastian CRA District Page 10 of 10
SEBAsT AN
HOME OF PELICAN ISLAND
IT I #21-02
CRA LANDSCAPE MAINTENACE
SECTION 4—SPECIFICATIONS
The awarded Contractor to perform landscape maintenance and other related work in the Sebastian
Community Redevelopment Agency (CRA) District (refer to page 27 for CRA Map). Contractor is to
furnish all supervision, labor, materials, equipment, tools, transportation, supplies and expertise
necessary for providing services. The CRA District consists of an area bounded on the north, east,
and south by the City limits and on the west by the FEC Railroad right-of-way. Components of the
landscaping maintenance services include but are not limited to: turf, ornamental and shrub maintenance;
tree maintenance, fertilization and pest control.
Expectations of the Contractor
✓ Invoices shall be provided monthly and reflect all bid amount(s) and line item(s). Invoice
Requirements will be provided at the time Notice to Proceed (NTP) is issued.
✓ Services shall only occur Monday — Friday, between 7:30 am and 5:00 pm; never on Sundays or City
observed holidays; exceptions may be authorized by City's Project Manager in case of inclement
weather
✓ Vehicles shall have company name and phone number
✓ Employees will be in uniform (company logo or information) at all times and present themselves in a
professional manner
✓ Perform all duties with courtesy and safety of City's residents and visitors
✓ Use of proper, temporary Maintenance of Traffic (MOT) devices such as safety signs, notices, cones,
flagmen or other warning devices in accordance with FDOT Index 600 standards
✓ Remove trash from street gutters before it gets washed into storm drains
✓ Establish a maintenance -free zone (do not mow, fertilize, or apply pesticides) of at least 10 feet
between lawn or landscape and the water
✓ Follow City's Integrated Pest Management (IPM) Plan for Parks and Properties
✓ Provide listing of proposed chemicals to include commercial name, application rates, type of usage
along with the Material Safety Data Sheet (MSDS) for approval of use prior to beginning the work
✓ Must notify City staff prior to any application of chemicals or fertilizer
✓ Consider recommendations from the Florida -Friendly Landscaping (FFL) Program from University of
Florida's Institute of Food and Agricultural Sciences (UF/IFAS).
✓ Maintain licenses and certifications as listed in ITB minimum requirements
✓ Comply with all laws and regulations as required
4.1 TURF AND LAWN MAINTENANCE
• St. Augustine Turf and Bahia grass will be mowed weekly from April 1b` through October 31 •`
Lawns shall be mowed as needed November 1 s` through March 31s`
• Mowing height will be done in accordance with proper landscape principals and
recommended mowing height for all turf grasses
• Ensure all clippings and debris are not blown into river or Stormwater structures
• Turf will be mowed with mulching mowers in a pattern to direct clippings away from
structures, river, shrub beds sidewalks and streets where possible
• All clipping will be blown off hard surfaces and away from river with each mowing event.
• Mowing will be completed in a systematic and timely fashion to maintain the appearance of
landscape.
• Edging will be done with edger to produce a nice crisp defined edge where required and no
less than every other mow (river banks will be edged to waterline rock area).
• Lawn clippings will be mulched or removed from the grass to avoid excessive grass clipping
being left on turf.
• String trimmers will be utilized in areas that conventional mowing is prohibited. Due care will
be used to not scalp turf grass with string trimmers.
Page 14 of 26
SEBASTIAN
HOME OF PEDCAN ISLAND
Ifi 1. 914Qiya
CRA LANDSCAPE MAINTENACE
TURF AND LAWN MAINTENANCE (continued)
• Parking lots and sidewalks will be blown free of debris weekly
• Fallen branches, palm fronds and trash debris shall be picked up prior to mowing
• Culvert ends and drain grates will be cleared of accumulated clippings, leaves and mulch as
needed. They will be inspected biweekly.
• Culvert ends and drain grates will be cleared two (2) days in advance of a named storm.
• In the event of a festival or event in the park, Contractor will make a pre -festival inspection
and/or treatment (Fire ants, additional trimming, cleanup or mowing if needed) in order to
have the property in the best possible condition for the event.
4.2 ORNAMENTAL AND SHRUB MAINTENANCE
• Shrub and flower beds will be maintained to ensure optimum appearance
• Shrubs will be pruned as needed to maintain the health and proper appearance at least one
time per month
• Pruning of flowering shrubs will be avoided while flowering; unless needed to maintain
standards
• Diseased and dead wood will be removed as soon as practical
• Shrubs will be trimmed leaving a one (1) foot minimum clearance between shrubs and
structures
• Shrub beds and paved areas will be kept free of broadleaf and grassy weeds — utilizing the
City's IPM plan. Walkways, roadways, entry and parking areas will be cleaned of dirt and
debris resulting from the performance of landscape maintenance.
All debris will be removed the same day it is trimmed.
• String trimmers will be utilized in areas that conventional mowing is prohibited. Due care will
be used to not damage shrubs and roots with strong trimmers.
4.3 TREE MAINTENANCE
• All Trees, including Palm Trees will be maintained
• Dead fronds will be removed at least once per month
• Seed pods will be removed where practical to maintain appearance
• Pruning of dead and diseased branches will be done once every quarter
• All debris will be removed the same day it is cut
• String trimmers will be utilized in areas that conventional mowing is prohibited. Due care will
be used to not damage shrubs and roots with strong trimmers.
• Refer to City's IPM Plan for popular pests within the area.
• Fire Ant Control
• Disease control for certain fungus such as brown patch
• Weeds control in driveways, sidewalks, gutters, parking areas and boat ramps will be
maintained per the City's IPM plan.
• Weeds in landscape beds will be performed one (1) time per month for weeds and invasive
plants using City's IPM methods.
• All methods shall be in accordance to the City's IPM for Parks and Properties and
consideration of recommendation from OF/IFAS FFL Program.
Page 15 of 26
'a
SE ITB #21-02
HOME OF PELICAN ISLAND CPA LANDSCAPE MAINTENACE
4.5 FERTILIZATION
• Refer to City Ordinance Sec. 50-5. — Florida -friendly fertilizer use on urban landscapes
https://library. m u nicode.com/fl/sebastian/codes/cod a—of—ordinances?node Id=PTI I COO R—C H
50HESA_S50-5FLI EFEUSURLA
• Liquid micronutrients and fertilizer to help stabilize color and growth
• Fertilization will be applied monthly, excluding Summer months (June 18, — September 30' )
• Granular Fertilizer will be applied in Spring and Fall
• Adjust PH as necessary based on soil tests
4.6 OTHER
• Annually replace plants in entryways or other areas designated by City's Project Manager.
Replacement and planting will be done preferably in spring or fall, or as requested. This
service is an additional cost which will be determined by a submitted estimate from
Contractor based on the number of plants.
• Provide estimates for additional services outside of the items listed above (i.e. removal and
replacement of sod or mulch, etc., as requested by City's Project Manager. Price must be
mutually agreed upon by both Parties prior to work commencing.
4.7 BID ALTERNATE: Landscaoe Maintenance of U.S. Hiahwav 1 (if awarded by the Citvl
• Maintain the following in all medians within City limits on U.S. Highway 1 (US-1)
o Mowing
o Edging
o Weed Eating
o Trimming of Hedges and Trees
o Prevention of weed growth in the pavers and concrete sections of the medians
All work completed by the Contractor at any time during the course of the agreement shall be subject to
inspection by the City. City shall have full power to accept or reject any part thereof. The Contractor shall
remedy any defective or unsatisfactory work at no additional cost to the City.
In the event Contractor fails to initiate corrections within forty-eight (48) hours after written notice, the City
shall have full right to have same done and to bill the Contractor for cost.
Page 16 of 26