HomeMy WebLinkAbout2021 AgreementsE"
HONE OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: January 13, 2021
Title & Recommendation: Award Invitation to Bid (ITS) #21-03 Nuisance Abatement Mowing Services
to CONLON LANDSCAPING, INC.; MICCO LAND SERVICES, LLC.;
MOBLEY IT ENTERPRISES LLC, for a two (2) year contract term. with
renewal options for one (1) — one (1) year term.
Qauc.r
Backaround: The Procurement Division, on behalf of the C:_. :..::, i_._:_,.,._,I
Department, recommends that Council AWARD ITS #21-03 to CONLON LANDSCAPING, INC.; MICCO
LAND SERVICES, LLC.; MOBLEY H ENTERPRISES LLC, for a two (2) year contract term, with renewal
options for one (1)—one (1) year term. The resulting agreement will be used to assign work on an as -needed
basis.
This ITS was advertised via local newspaper and released on November 23, 2020 via the City's website:
DemandStar.com and myVendorLink.wm. All bids were due electronically on December 18, 2020, in which
three (3) bids were received. The bids were 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
recommended Bidders currently provide these services to the City.
IF Agenda Item Re�Lrires Exoandilure of Funds:
Budgeted Amount: $10,000
Total Cost: amount determined by assigned work in accordance with Bidders Bid Form
Funds to Be Utilized for Appropriation: General Fund Contract Mowing Services Account
Attachments:
1. Bid Tabulation ITS 21-03
2. Bid Forms submitted by Recommended Bidders (Ezhibit'A'o/Agreement)
3. Proposed Agreement with SpecBrations
Admintstrabve Services Departme Revi
City Attorney Review:
Procurement Division Review, if applicable'
City ManagerAuthorization:
Dale: W74 /
DocuSign Envelope ID: lE6E5l A7-3D42430B-8"8-0563716BAB73
NUISANCE ABATEMENT MOWING SERVICES AGREEMENT
ITB 021.03: Nuisance Abatement Mowing Services
AGREEMENT APPROVED BY CITY COUNCIL: JANUARY 13.2021
AGREEMENT EFFECTIVE DATE: JANUARY 19.2021
1. Parties:
City of Sebastian, a municipal corporation of the State of Florida, (City).
and
Mloco Land Services (Contractor).
2 Designated Contact Person as to Cat L: 3. Designated Contact Person as to Contractor
Greg Witt (PROJECT MANAGER)
Alvin Moore
Deputy Chief. Police Department
Omer/Operator
1201 Main Street
8144 Bud Douglas Ct
Sebastian, Florida 32958
Mkco, FL 32976
Phone: 772-580-8516
Phone 772473-6144
Pmaak gwiti@cttyofsebastian.org
)mj: mlccolandswvllc@gma#.com
4. Agreement Document. In resolving conflicts, emom, 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 governments] regulation incorporated herein
by reference. There are no understandings or agreements except as herein expressly stated
1. Fxhibi — Bid Forms submitted by Contractors
2. Exhibit'B'— Contractor's Bid Submissions
3. Exhibit 'C'—r18 #21-03 Solicitation Documents, Including any addenda, plans and specifications
6. Services. Contractor is to furnish all supervision, labor, materials, equipment, tools, transportation,
supplies and expertise necessary for providing molding services and/or other abatement work on an
as needed basis, as requested by Code Enforcement Division. These abatement action services
shall be performed at specific vacant, abandoned or occupied properties, as designated by the City's
Code of Ordinance (Sec. W49) and in accordance of Section 182.08 (5). Florida Statute (pages 28-
31). Contractor shall punish all labor, materials, tools, equipment and supervision to successfully
complete services. Refer to Exhibit'C' for complete specifications for assigned vrork.
6. Term. The contract term is a two (2) year period, with the option to renew for one (1) — one (1) year
term, 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 expiradon.
NOTE: The City, at Its sole discretion, reserves the right to exercise this renewal option.
7. Compensation. City shall pay Contractor for the completion of the work, In accordance with the
Bid Forth set forth on the attached Exhibit 'A. Contractor will only be paid for properties that are
actually col. Completed work must be Inspected and accepted by the City of Sebastian's Project
Manager or designee.
NOTE: The City reserves the right to request additional Information or documentation to detail
Items on payment request
City of Sebastian, Florida / MICCO LAND SERVICES
ITB #21-D3 Nuls moe Abatement Mowing Services Page 1 of 10
DocuSlgn Envelope ID: IESESW-M,124308-808-0563716BA813
8. 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 after 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, a -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 terns, 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 fumished 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 Cfiy.
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 constructlon 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.
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City of Sebastian, Florida / MICCO LAND SERVICES
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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 certttloate(s)
of Insurance, evidencing such coverage. It is the Contractor's responsibility to ensure that the City
has current Certificates) 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 noway be required
to be relied upon when assessing the extent or detennming 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 riot in any manner limit or quality the Habllities and obligations assumed by Contractor under this
Agreement
Comprehensive Liability Not lass than $1,0GD,000 Combined Single Limit per each occurrence.
Automobile Liability Not less than $500,000 Comblrmd 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 sore 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.
142.3 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-centribmory.
142.4 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 ! MICCO LAND SERVICES
ITB k21.03 Nulsance Abatement Mowing Services Page 3 of 10
DocuStgn Envelope ID: 1 E6E51A7-3D42430&IWM56371613AB73
16. 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
Pdce(s), or in the time required for performance of the Services, an equitable adjustment shall be
authored byway of a Change Order.
16. Indemni8catfon. 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 arlse 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, at 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
matenally breaches any of its provisions, the non-0efaulfing party may, at its option, terminate this
Agreement by giving written notification thereof to the defaulting party. In the event of temlination,
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 copled within a reasonable
time and at a cost that does not exceed the cost provided In Chapter 119, Flodde 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 1226 MAIN STREET, SEBASTIAN, FL 32958; EMAIL:
jvAlliams@cityofsebastian.org; PHONE: 772-388-8215.
City of Sebastian, Florida / MICCO LAND SERVICES
ITB a21-03 Nuisance Abatement Mowing Services Page 4 of 10
Oocu&gn Envelope In: IE6E51A7-3D42430B-8448-0563716BAB73
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 AG' from the date
which a properly received payment requesUlnvoice 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 Acr, 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 sbdy (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 recelpl 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 subcorihactor's receipt of payment from
Contractor.
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City of21-03SebasVen,Nuisance
Fbdder MICCgiant LAND SERVICES
RB #21-03 Nuisance Abatement Mowing Services Page 5 of 10
Docuttign Envelope ID: IE6E51A7-3D42-430B e448-0563716BA873
21. Warrantles:
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 wanent 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 redo 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 redone 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. Contractors 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 Contractors sub consultants or subcontractor's warentles. 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 TUIe. Title to any work product furnished by Contractor under the Agreement shall
pass to City to the extent of the payments made for such by City, or on the Sate that City accepts
the Completed Services of Contractor. When title passes to City in accordance with the
Agreement, Contractor warrants that Itte work product furnished will be free and clear of all
security interests, liens and encumbrances or claims of any parry.
22. Additional Terms and Conditions (alphabetically listed):
22.1 A tgnmenl. Nether City ner Contactor shall sail, assign w transfer any of Its done. defies w obligations under vie
Aghaement without out the prior carmen consent of the other Party. In tie event of ant assignment. Contractor happens
secondary Ilabie for performance of the Agreement. these CM e>Traesly, wishes such secondary Ilabiloy.
222 aanleuptcy or Insobvenay. Contractor shall prompty notify City N wrilino of the flip of any W urmry or Mduntary
petition rw bankruptcy andor or any Insohmm y of Contractor or any of as subcontractor wte am Involved in Me
wovleen of the Semices under Ws Agreement.
22.3 Complsomm wish taws. Contractor shell comply with all laws, mks, Codes, oNNences, end licensing regNrertronk del
we appocabk to the conduct or its Impress, including these of Local. Stake and Federal agenclea having Jurisdiction and
authority. Thera Whoa, shag Moods. but not ids limited to, Chapter 2e7 of the Florida Statutes, the Unitom Comnartlal
Cade, tiro immigration and Nasorelaemon Act, the Americans wish Disabilities Act, the United Slates Occupational
So" and Health Act, the United Slakes FSWrwmenLal Protection Agency, the triple of Ronda Department of
EnNrervnsntal PmfeWon, and al pmNUWOS against dhcrlMnation on the bask of race, relloton, sa, weed, retiapel
men, handicap, mantal asks, saupl orientation. gender Identity a egnasslon a velaran's staWs. Violation of such
Lawn shall be grounds for termination of the Agreement.
72.A conflict or Irma¢. Connector covenants that it presently has no Merest and shell not segdre any interest Men would
conflict In any manner of degma eNsh Me parfor mnca of the services coverod under this Agreement. Furthermore,
Convector war als Ihet it has not employed or reta"ved arty, company or person, open Man a bone Ada employee
workng actely for Contractor to pastel or secom, the Agreement and that it has not paid or agreed to pay any parson,
cwnpary, corpimoon, Individual, a fin, other Nan a bore title employee working solely for Contractor any ice,
cwnmeslon, "hothead. gig or otter consideration contingent upon or rebutting from Me award or making or this
Agreement. Contractor. and tie subcontractors al any tier, pertly Nat they have rot entered Into W agreement, sub-
agreemml, or arrangement In connection wth Me Project covered Under NIs Agreement, or of any property inchiped or
penned to be Included In ere Project, In which any member, officer, of employee of Contractor or its subconmectors,
during Ike tenure, or for two yesm ttwreaeer, has any merest, dlrew or Indirect.
City of Sebastian, Florida / MICCO LAND SERVICES
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M.5 Correction of SaMcos. Connector shall promptly remove Man Me Pennines all Services rejected! by City for fdtlse, to comply
With the Agreement whathor yeorporated [No the Project or col, and Contractor shag promptly repWce and re -exec le tie
Services in axed eve Win the Agreement without adMoml expense to City, and shall hear the expense of making good all
Sara= of other Contractor's work destroyed or damaged by such removal or replacement. All removal and replacement of
SerAws shall W done at Concretions a perse. If Connector does not Wye ad w to remove such rejected SeMces within
ten (1() caiem ar days after iecegl of written notice from City, City may remora such SmOces on their own and store tie
materials sl the Worse of Contractor.
22.6 City Funds. If suificientlunding Is not avallabie for Contractor to complete the Services, City reserves the right to m chly
Me farms and conditions of the Agreement to change the Scope of Services to reduce the col to match any avallable
funding. If such motlMcallons to the Scope of Services are not feasible, or If facing hoe been lolaby exhausted prior to
Conhadorb complana of is Services, the Agreement shag be terminated an turns reasonably acceptable to both
Parties, Addalonally. In accordance with Section 216.347. Florida StetNes, and as provided herein, Contractor may Trot
Wend any Cry funds for the purpose of lobbying the legislature, or [owl, slate or federal agendas.
22.7 Debarment Contractor ceNgea to the best of their knomiedge and bdief, that they and their principals 1) are nor
presently deWmed, swperded propowd for debarment, declared! Ineligible, or voluntarily excluded form covered
tmnsadions by any Municipal, City, SWie a Federal department or agency, 2) haw not, within a three-year period
preceding execu lon of this Agreement, been WnWded of or had a dud judgment redered agahlsl them fa commission
of fraud or a orminal atense in coneedion with obtaining, attempting to class. or performing a public (Federal, Stale or
local) transaction or agreement "or a public Iran u caon: situation d Federal or Slate antitrust statutes or commission
at embealement, theft, forgery, bribery, falsification or destruction of records; mating false statements: or receiving
stolen property. 3) ore not presently Indicted for or otherwise almlnally or civilly charged by a governmental entity
(Federal, State or local) with commission of am of Me oftewea epumaaled above, 4) haw not within a three-year
period precedbg WoWon ofthis Agreement hod one or more public transactions (Federal, Slate or ioce) Wmdnsletl for
cause or default, and 6) W it advise City Immediately If their status changes and wilt provide an explanation for the
Marge In status.
US Discriminatory Vender. Contractor Writns that they are not subject to Section 287.134 (2)(a) which specifies that an
amity or affiliate who hoe been placed on the discMinetory wndar list may not submit a bidhid on an agreement to
provide any goods or seMces to a public entry, may not submit a SId/Sld of, an agreement with a public shifty for the
construdlon a repalr of a public building or public work, may not M awarded or perform work as a Contactor, supplier,
sub -Contractor, of consultant under an agreement with any public entity, and may not framed business Win public
engly.
M.9 abpute Rwoludon. For any dispute cmwming performance d the Agreement which Includes without Ilmltdlon
controversies based upon breach of agreement, mistake, mbrepresanWtion, or otter cause for agreement modification
or rescission, City shall attempt to reach a muual agreement as to the settlement and resolution of the dispute with
Commodes. Shadtl a mutual agreement not bra reacted City mall render a decision and red" such to wriWg and
serve a copy, on Contractor. Tina decision shall be mid and conclusive.
22.10 Disposal of Wasms. Contractor shall handle any waste materials generated! In the performance of the Services in fag
compliance with all lake, regulations, and reannements of all governmental authorities and those of City. Connector
shall we only disposal laminas which haw proper pemib and are In hit compliance WAIN IN lava. Contactor agrees
that City has the right to mjecl, for any reason. Contractors use of any particular disposal facility. All unable ma eriab
and debris shall bra disposed of In an appropriate merrier.
The we of a run oft Is permitted Upon final compWUM the Contractor shall thoroughly clean up all areas whom Wars
was done as mutually agreed upon with Me Project Manager. CONmda shall at all times, during the periwmance of
Services, keep the Wor mite free and dear of all rubbish and debris. Any malarial awaste generated by Convector or Its
employees. agents and Subcontractors shag bra removed and disposed of by the Contractor 9 its exmase, to the
satisfaction arms City, In me event Connector fells to remove ell rubbish, cents, materiels and wade from the WOM1aile,
the City may employ labor and equipment necessary to tlsar the sic and Marge Contractor for the Ciya cat Incurred
deeming the ails.
Contractor shall more in an acceptable manna or replace at[ propert, both public and Whole. which has been
displaced or damaged by the Contractor during the Wcton of the wok. Contractor shall leave the Worksm
unobstructed and In a neat and presentable condition. The term -property shall Include, but is not Ihnfted to, mods,
sidevoks, curt dMeweye, was. fences, landscaping, awnings, uNiffee footings and drainage structures.
22.11 Documentation. At "cigs, plans, spedgcatlons, maps, computer tea andfor repots prepared a obtathe l under MIS
Agreement, as was as all data wlleded, together wth summaries and shed¢ derived there from, will W considered
works made for ntre and will became the property of City upon ereimlbn or terminallon of the Agreement Without
rptriction or ilmitatlon on finer use- Upon delivery to City of said tlocwrerd(¢), City Wig become the custodian thereof In
accordance Wth Chapter 119, Florida Slat Conmcor wN not copyright any mounded and products or patent any
Invenflon developed under this Agreement Capes of two documents am not to be sdtl or distributed to cord panes
without tie Wriden consent ofOrty.
M.12 Drug Frea Workplace: Contractor candles that 9 has in pace a Drug -Free Workplace Program In accordance with Bra
Dmg-Free Workplace Ad a i9B6 (41 U.S.C. 7m2-706). Reform Farm F submitted Wtdh Bid.
71.f 3 Elmeto a W ndl by said
Contmdor, t and by all
burns
en ektlormd signature In Agreement
n whelser, duplicate
pll aaep anti
agree m be hood by caltl eledmru sgned or no erg Canna and atuMllons dmb Agreement Furrier, i inal sate or copy
of the Agreement that ent Toro a urposetnd or nonarigkel signature wall be treated to same as an original, signed copy
of thb original Agreement for all purposes.
Cry of Sebastian. Florida / MICCO LAND SEOMZM
ITB #21-03 Nuleance Abatement Mowing Services Page 7 of 10
DocuSign Envelope ID: 1E6E5IA7-3D42430&844&05637168AB73
22.14 Employsm, Subcontractors and Agents. All Contractor employees, Bubcontradom, and agents pedomkg any of the
Servlae under the Agmmera Mall be property, tralrwd to mend or exceed any spedlled tounllg qualifications. Upon
request. Contractor shall fumNh a copy of codification or other proof of qualification. Ad employees. subcontractors, antl
agents of Contractor must empty with all security and administrative requirements of City. City may conduct and
Contractor shell cooperate In, a scarily background Meet m curl assess any employee, sub -Contractor, end
agent of Contractor. City may resse scums to, or require mplacerrmt of, any of COMredoys employee, submMredor
and egad for cause, Indedhg. Not had thou fe, technical or Vain" ga9Aentions, quality d se yam, change h
secudy statue, or ran-complance with Clyne security or Other requirements. Such refuel shag not reteve Common of
its obllg~ to perform all Services in compliance whh me Agreement. City may noted and bra hove any fadgty for
acre any of Contradoes employees, s Pmcom, a agents. City shot have the right to reviser and approve any
aubLwNador used by Connector. Contractor shall be Ntly responsible to City for tins ode and aiplons of its
Subaapredon, and persons directly or Indirectly employed by them. It is Contrectora unseasonable, to ensure Net their
submrererlae are properly Ilceruetl to coo business In the State of Flonde and City of Suburban, as required by law.
Al workmen must bevy sufficient knowledge, sell and expeden u properly perform the wvtk assbnsd to them. An
vwritman must have proper FDOT safety neat or safety shine during end n wwhlg, staging of MOT or damp common,
M.15 Envimnmantal 155oaa At notifications repeNlng am4amentel bends or Iequmbri Mali be sent immetliately to
Chys Corned Person. Un as directed movies by City. Contractor Is al to contact any local, state m federal
governmental agendas conning erMronmeeal issue invoh4ng the Pmjed She.
22.16 Equal Employment Opportunity. Connector Men nd dladmoste an tie beets of reca, dour, sex. age. natlmal Origin,
mggbn and dbabtiity or handicap In aceoNan with die Provisions at: Tide VI of vie CM Rights Ad d 1981(42 U.S.C.
§ MO et sea, . Title VII of vie CMI Rights Ad of 1969 (42 U.S.C. § 3801 gl jigi Florida Civil Rights Act of 1992 r§
760.1021figgi TNe 01 CFR Puri 80Im cemplierne wIN ExeWhe ONen 11248 end 11375, Title 49 CFR 23 and Tide
49 CFR 26 for Disadvantaged! &amen Emmeh es, Age Dhaknlnation Ad of 1075 (42 U.S.C. S 6101. 4 guaJ. Title 49
CFR 21 and TIM 49 CFR 23. NoMbaynhdbn an the tasis of handicap. TNe 49 CFR 27. Americas with Disabi ftio
Act Of IND (42 U.S.C. 12102, eL W.), Federal Fdr Labor Standards Ant (29 U.S.C. § 201. d sm.1, and any finer
Federal and Stele dbmlNation stslmpe. Contractor shall f nnom pem0nert Information regareng Ile empioymed
polciu and peadla, as wall as those of Ihelr proposed subaMrsdors as flu State d Florida Department of
Transportation, tie Sacmtmy of Leiner, or City may require. Tim above Mall be regcred of any sub-CoMrecbr Nntl by
Contractor. All Equal Employment OppodunHy, requlrelenls sholl be Inducted in at non emempt subagreemm�s
enteretl hie by Contractor. Sub�agm mats enferetl Iran by Canaan shall elan Include all Other applicable labor
provisions. No subagreemenl shell W amaded to any nNvdanieyug orb -Contactor. Additionally, Contractor shall
hceri h Its cub-e9mamenb a deuce mounting subdoMndore b Induce Uaee promou h any lower per orb
agreensnts flmM may In Nm be made. Coniredw shed com*y aN sate lava and lceal Ordimences.
MAT &Varflog tla System. CaNador "I campy War Ire Executive order Na 12969 as amended, and Execdive Order
No. 11-118, and agrees to bubble Ilia U.S. Department of Homeland Securiys E-Verity system, ulps.,re.
vediv. isds.Oowenm, to verily flue employment elgMtity of: (1) at paeans employed by Contractor dung fire agreement
Man to perform any dldloe whin Florida, and: (2) all persons, Mounting subaMadore, assigned by Contractor to
perform wnrit pursuant to this Agreement. Contractors meaning the terms and conditions of Ire E-Vedy System are
deemed to be In amplian with Nis provision.
M.18 Force Majoura Event Neither party shag be considered to be In default In the performer of Its obllgalloru under Me
Agreement, except obligations to make peymerda min reaped to emones already ecduee, N vie sound that
eedonnen of any such obligations is prevented or ddaynd by any come, entering or future, MIM Is beyond the
reasonable conWL and not a result of" fact or negligence of, the affected parry (a TOIce Majeure Event'). If a party is
prevereed ordelayed in the performer crony such obligalions by a Force Majoure Evert, such party shell ImmWleey
provide raga to the other party of the circumstances preventing or delaying performance and the expected duration
Mansell. Suit nedce Mall be confirmed In writing as son as reasonably possible. The party so affected by a Force
Majeum Event shell wake var, to the excet reasonable. M remove the obstacles Mich prevent pudmmanca and shall
reslane performance of He obligations as can a mssaaby practicable, A Force Mejoure Event shall In.k&, but not
be limited to ads of dvll or military authority (Including mats or regulatory agencies), ad of God (exdudrg normal or
seasonal weather conditions), era, dot, or Insurrection, lability to obtain required porous or Ilceap, hwricanes and
severe flatly
M.19 Governing law and Venue, The Agreement shall be governed In accordance with the laws of the Slate Of Flonda. In
Von event of litigation with respect to vie obligation of the panes to Me Agreement, Me lurbdictlon and verue of such
action shell bon an appropriate Slate COW In Indian fill County, Florida.
22.20 Govehrmmial Reurutiam. If Contractor belloves Net any governmental restrictions have bee Imposed that require
allaetbn of the matedafe used, Me quality, m*mamhlp or performance of Me Seines offered under the Agreement,
Contractor shell Immediately nofHy City In mill Imitating the specific nowletion. City reserves the right and the
conplam allocation to arpl arty such ch mbon or to cancel the Agreement at no Niter expense to City.
22.21 Immigration and Nationality Act: Contractor shall empty Wth all Immigration teen as outlined In 8 USC s IN49 -
Unlawful era/f�IO��nnet of atads. City will not Inte banal awed City agreements to any Contractor vita ulodngly
employs unAdhorbed Allen vrorkene. Any viulallon of flue employment provisions outlined in the Immigration and
Nationality Act throughout the lea of my Agreement min Cry may result In Inmedate termination of flu Agreement.
City will wonder the employmat of unwhodred Wiens a violation d Section 274A (a) of don Immigration end
Nationality Ad. Such vioNtlon will be cause for unflaterel anwullatim of the Agreement. by City, If Contractor kneudgy
employe uaulboreed duns.
City of Sebastian, Florida I MICCO LAND SERVICES
ITS a21-03 Nutsena Aba dement Mowing Serviced Page 8 of 10
DocuSlgn Envelope ID: 1E6E51A7-3D42430B-8448-0563716BAB73
2222 Inspection, Performance, Supervision. City, reserves the right to Inspect t Santoro provided by Contractor, whether
paNally or fuLy completed. at any time. as deemed appropdete by City for the purpose of ensuring Contractors
performance taper the Agreement. Such Inspections performed by City, shall mat be construed as a final approval of
Contractors SeMce, and shall rot mile" Contractor from Its obligations under the Agreement. Clfy reserves the right to
Insped, d arry, reasonable the, with prior mace. Contractor's facilities M Insets conformity of the provsion of du
Services wth the Agreement requirements. City reserves the right to haw allgale or inspect, at any fime, whether the
provision of ihe Services compiles with the Agmemam mquimm s. Cwbactor shall mall times during the Agreement
term remain respnsle and responsible. Contractor must be pampered, If requested by City, to present ewdence of
experience, ability, and finandal slan i ng, as Wei as a statement as to capedly of Contractor fa the performance of the
pavialon of the Services cowed 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 ar l Gwct the performance
of ins SeMces and shall be solely responsible for the meers, mai IechYques, sequences, and safety of wnsMrclion anti
operations. Contractor W a employ anti maintain at the Project Site a quelled wpeMsor or supedrEendent Me shall haw
been designated an wrong by Contractor as tie Contractors mpeasna e ai the Project rise. The supervisor or
in peridended shell h»e full mthorty to ad on pefefi of Contractor and all communications glen to the supeMwr Or
wpeddindad shall be as binding as I gran directly to Contractor. The superAw oraupetntendent dell m present an Has
Rojas Site at all thass as regdred a perform adequate supervblon and=draliw ofthe Cartlredoys Services.
22.23 lawful Claims and Demands. Should any outstanding claims by stbconmdars or suppliers bkurmd in the
perimmance of tie Services radmalim after City has made Payment to Continuator. Contractor Wit Indemnity and move
City harmless from suti daYns. Aasptence by Contractor of payment shag be aim shag operate as a fall to City Of
all calms and au fivaltes to Cadracla, offer then darts In slated amounts as may be specifically excepted by
Contractor for things dare or summit In connection With the provision of the Services, and for awry ad and regled of
City and others relating to or arising out of the Movldon of tlo Services covered order the Agreement. Any payment,
whether final or oflrerwse, shell M release Connector a his suetlro from any obligations under the Agreement.
M24 Lobbying. Contractor shall rat, in correction with the Agreement. directly or mentally (1) offer, writer. or agree to
wNar any pecuniary benefit on aryone Me canskuatlw fa any City officer a empuyde's clew , opinion,
recommendation, vote, Other del of dsaatian, of violation of a (mown legal duty, or (2) dean Ills, or agree to gle
to anyone any gratuity fa fie benefit of, or at the direction a request of, any Clty officer of employee. For purposes of
clause (2),'grauiq' means ay payment of more then mandrel monetary value In tie form of cash, have, entertainment,
gibe meals, edging, Was subscdptlons, advm ices, deposits of money, Servksa, employment, or agreements of any
kind.
2225 Non ollusba Contractor agrees Met nether d, nor my of its officers. parirers, agents Or empbyee , have entered Into
any agreement participated in arty calseebn, or otherwise taken any scion W ilon Is in mdnlm of a free compadtlw
medial In connection vMh this Agreement, and the Cwbatla Intends to do fib work with Its own boa gee
employees or subcontractors ad has not provided a response fa the bemgl of mother Contactor. Furthermore,
Contractor cediffes that Its eMales, wbsidafes, directors. omcem, and employees am net curial under Inseagpetlon
by any goverrvnagai aulhonty and have rid in the last ten (10) years been camAdai a found liable fa any ad
prohibited by ew b amyju scific , InwlvFg canspint acceptation with moped to submitirg a response an any public
agreement.
2225 Non -Funding Ceuta. In tie event suffMent budgeted funds ore not available ordeplded, City shall realty Contractor of
such occurrence and agreement Nag mrminae without penalty or expense to the City.
2227 Non•Padanmanca Ceuta The Cordmcta recognbes that die to ore net= of the samim to be performed under this
Agreement, it a essential that Ife Work be completed In a limey, roamer in aaadence with the so colues approved by
Me City. Nonyerformaneeydefidewes as Identified by the City to the Contractor shall be addressed 1. Verbally 2
WMtien Notice. rife deficiency has not been cameded to the seashell bill City Wit the time (tame provided, the
Cry may hew the work periomled by either its normal personnel or a third party eM dune the cot against payments
due tie Contractor. Repeated deficiencies may result In Im teminskon of Won Agreement
M28 Permits. The Contracts dull apply for all required asking permits ham City of Sabadlan and Is rropasbe for any
assadated idea.
V2 Project Sre Conditions. Contractor Mall fe deemed to taw emmlred Prated Sill 9 applicable aim to haw,
secured fall knowledge of all among" under which Me Sandom are to be eiedreeE and wmpieled.
22.W Promotion of Pamoru. Contractor Wit W responsam for the safety of its dopiness end rite employees of Its
subcaimctors, during Me pmvist n of the SaMcas. Contractor will W responsible for alleging, maintaining and
supervisng as safety pogroms h canrtedion With Ife provision of the Sewow in accordance Wit applicable safety
standards aot regulations, as promulgated by the Untied Sees Ocaryetlaal Safety and Heats Ad. Contractor shall
report promptly to City any accident Or unusual owsrence during periomraae of the Services. Including personal I"
a death to ar0' Contradict employee, sub -Contractor employee or ary member of ga paler, or any damage to any of
Cftys property, the Pmjed Ste. or adjacent properly.
22.31 Public Entity Crime. A pemm or affiliate Who has been perred on the censured vendor Ihd icitoWhrg a canvidim for a
pudic entity aloe may not subntt a bid, bid, Or reply on an agrseem rid to provke any goods Or cervices to a pudic
amity; may not submit a bk, No a reply on an agreement Win a public entity fa the construction m repair of a public
buildup Or public Work; may not submit bids. dds, or replies an leases of reel property to a pudic entity; may not fe
awarded or perform work as a (Contrat supplier. subcontractor, Or consul under an agreement AM any WN)c
mall and may not invited dosimeter with arty, public entry in excess of the Un eshok amount prinked In a. 287.017.
Rome Surplus for CATEGORY TWO for a period of 36 months following the tide of being placed an the camvicted
vendor fla.
City of Sebastian, Florida / MICCO LAND SERVICES
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DowSign Envelope ID: IE6E51A7.3D42.430B.8448.0583715BAS73
22.32 Relationship. Contractor Is an Independent Contractor to City In the provision of the Services under this Agreement and
v red an employee, agent, ialN-wMae, or partner of City.
22.33 Remedies. s tiny event of default accent. City shall haw hie right, at the option of CM• to pursue M remedies available
al lwor equally. Including the tennlnatbn ofthb Agreement and an rights of Contractor hereunder. Nohvenstandit Clys
terminallon of the Agreement, C inactor then remain sable to City for a dams for damages, cogs or attorneys feet
arising prior to such temaretlon.
22.34 Risk of Lou. Until the services new been accepted by City, dads of Was or damage to any materials, egWpmenl,
supplies or vmrk pradual. WUIMr pantry or ply completed, that are associated vrilh the Services shall remain Wh
Conracor.
U 35 Schadulea, Reports and Records. Contractor shall subsntl to City cost schedules, progress sdreeules, estimates,
records, reports, and any over date, as related to the provision of to Services covered under he Agreement.
FUMenlore. City reserves the right to respect aryl evolt Contredoc's baths Mae records Islands to he Agrmna'q vMen
deemed appropriate by City. All schedules, reports ad records of Contractor, as they mW to pre Agreement, shall be
retained by Contractor for a perioe of Brea (3) years More se tlas aiha painters unclartte Agreemad.
22.38 Security and CorrfldaMlaliry. Connector antis comply fully With an eerily Procedures of City m the pedormance of the
Agreement Contractor shall not divulge to third pages any lnlormallm obtered by Convactor or us agents.
dishibWors, resellas, subcontractor, offloads or employees In the course 0 Me provision M the Services Wlhout the
written =sent of Coy. Hovewr, Contractor shot be pemlMal to Moves IMartneson to More parties If such iMormatlon
Is publky avallaNe through no fault of Contractor, Information that CoMsctor developed Independently wtlhoul mylrg
on City's mformatlon, or hfortngton hat b otherwise constraints under Stale and Federal law as a public record. To
insure armdennaily, Contractor shall take appropdato measures as to Is personnel. agents, and subcontaciors. The
WanaNles crane pasgraph shall survhe the Agreemaa.
22.37 Severeblioy. If a court deems any provision of oe Agreement vod or MCMwvable, tat provision all be enforced
only to the extent tat It Is not In violation of law or Is not otherWse unenforceable and at other provisions shell remain In
full force and of eca.
22.38 Survival. All expense repses didore, waivers. Indemnigcallas, and kmitesons of utility Included in chic Agreement WII
survive compulsion or tarmhalon of the Agnea,eN for any reason.
22.39 Tuft. Contractor shall pay all alas, comumer, we and other sknliar lures required to bti paid by Connector In
accordance Win the laws eM regulegons of the State of Florida which are applicable to the provision of the Services
under the Agreement. City Will net pay for arty personal property haze levktl on Connector or for any toes loved on
Contractor's eoasloyees'vmgas. City b a political subdMalon of the State of Florida and hods a State of Florida Sales
Tax Exemption CeMncok No. 05.801202177010-1). All pacteees made by City directly from a duke, distributor or
manufacturer for malalals, equipment or supplies ("direct purchase) Ireland of through the Contractor are exempt from
sales, consumer, use and other stroller taxes.
22.40 Waiver. The delay or failure by City to exercise or enforce any of He rights under this Agreanenl shell not constitute a
be deerred a awlver of Ctiy's right gesapr to enforce those right, not shell any single a partial exerdse of any such
right prociuee the City of any other or fuller exercise thereof or ins 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.
MICCO LAND SERVICES:
BY:�y/l�-115A�ATE: �, iU tl- /
Alvin Moore
OWNEIROPERATOR
THE CITY OF SEBASTIAN, FLORIDA:
1/22/2021 1 1:14:29 PH ES1
BY: ywL E. (16L DATE:
PallaniisIs
CITY MANAGER
ATTEST (SEAL):
Approved
as to forth and legality for
reliance
by the City of Sebastian only:
Tearieffe Williams, MMC
Manny Aiwn, Jr.
CITY CLERK
CITY ATTORNEY
City of Sebasnen, Nelda 7 MICCO LAND SERVICES
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