HomeMy WebLinkAbout2021 Agreementm.r
SESASTAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetma Date: January13, 2021
Title & Recommendation: Award Invitation to Bid (ITB) #21-03 Nuisance Abatement Mowing Services
to CONLON LANDSCAPING, INC.; MICCO LAND SERVICES, LLC.;
MOBLEY II ENTERPRISES LLC, for a two (2) year contract term. with
renewal options for one (1) — one (1) year term.
a....y
Background: The Procurement Division, on behalf of the .. ,���y �cvevpnmiu
Department, recommends [hat Council AWARD ITB 921.03 to CONLON LANDSCAPING, INC.; MICCO
LAND SERVICES, LLC.; MOBLEY 11 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 ITB was advertised via local newspaper and released on November 23, 2020 via the City's website.
DemandStar.com and myVendorUnk.mm. 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 Alrends Item Repuires Expenditure 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 ITB 21-03
2. Bid Forrns submitted by Recommended Bidders (Exhibit 'A'ofAgreement)
3. Proposed Agreement with Specifications
Administrative Services Departure
City Attorney Review: /`��/ /✓
v V
Procurement Division Review, if applicable:
City Manager Authorization:
Date: / /
DocuSign Envelope ID: A2F7F513-2FD1478D-92Bg-84B69CB29F39
NUISANCE ABATEMENT MOWING SERVICES AGREEMENT
ITB OM-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
Conlon Landscaping, Inc. (Contractor).
2. Designated Contact Person as to GLyl .
3. Designated Contact Penton as to Contractor:
Greg Witt (PROJECT MANAGER)
John Conlon
Deputy Chief, Police Department
President
1201 Main Street
706 S. Easy St
Sebastian, Florida 32968
Sebastian, FL 32956
Phone: 772-589-ti516
Phone: 772-388-5741
Email: gwitt@dtyofsebastian.org
Emalt. conlonlendsospinginc@gmail.com
4. Agreement Document In resolving can6kts, errors, discrepancies, and disputes conceming 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 Forms submitted by Contractors
2. Ekhbh'B'— Contractor's Bid Submissions
3. Exhbit'C' — ITB 021.03 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 mowing 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 Clty's
Code of Ordinance (Sec. 86-49) and in accordance of Section 162.08 (5). Florida Statute (pages 28-
31). Contractor shall fumish all labor, materials, tools, equipment and supervision to successfully
complete services. Refer to Exhibit "C" for complete specifications for assigned work.
S. Term. The contract term is a two (2) year period, with the option to renew for one (1) — one (1) year
term, contingent upon Contractors 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.
7. Compensation. City shall pay Contractor for the completion of the work. In accordance with the
Bid Form set forth on the attached Exhibit 'A'. Contractor will only be paid for properties that are
actually cut. 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 ICONLON LANDSCAPING, INC.
ITS #21-03 Nuisance Abatement Mowing Services Page 1 of 10
DocuSign Envelope ID: A2F7F513-2FDt47BD-92B9-84889CB29F39
8. COVID49 Disclaimer. Due to the public health and safely concerns relating to the COVID-19 Virus,
the Stakeholder may, in their sole discretion, unilaterally after the Tenn or other terms of the
Agreemanl(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 -mall, mall, 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 mcdlficatlon 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 Contractors 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 condition.
It. Services Provided by Contractor. The Services to be provided by Contractor are summarized in
Exhibit "C", attached to this Agreement. If City idemifies 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 worts 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
Cky of Sebasdan, Florida / CONLON LANDSCAPING, INC.
Me #2"3 Nuisanw Abatement Mowing Services Page 2 of 10
DowSign Envelope ID: A2F7F613-2FD147BD-92B9-84669CB29F39
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 Contractor's responsibility to ensure that the City
has current Certificate(s) of Insurance at all times during the duration of the agreement, including
renewal terns.
14.1 Minlmum Insurance Requirements. The coverage's, limits or endorsements required herein protect
the Primary interests of City, and than coverages, [knits a endorsements shall in noway be required
to be relied upon when assessing the extent or determining appropriate types and Timis of coverage to
protect Contractor against any loss exposures, whether as a result of the Project a otherwise. The
requirements contained herein, as well as CiVs review or acknowledgement, is not intended to and
shall not In any manner limit a qualify the liabilities and obligations assumed by Contractor under this
Agreement.
Comprehensive Liability Not less than $1,000,000 Combined Single Limit per each occurrence.
Automobile Liability Not less than $500,000 Combined Single Lima
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:
]g 7.1 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 "occurence"
form.
142.2 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
pa rafty, or sett -insured retention; including any loss not covered because of the operation of
such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or
limhatlon. 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_2A 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 ITS
Nuan,Fbdde/CONLONLANDSCAPING,vicsINC.
ITB r121-03 Nulsante Abatement Mowing Services Pape 3 0110
DocuSIgn Envelope ID: A F7F513.2FD147BD-92B9.84B69CB29F39
16. Change Orders. City may at any time, as the need arises, order changes within the scope of the
services without Invalidating the Agreement. 0 such changes result in an increase or decrease in the Bid
Price(s), a 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 properly 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, at seq., Florida Slabaes, 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 ofhcars, 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 Citys 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 tens 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 tNILLIAMS, CUSTODIAN OF
PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL:
Jwilliams@cityofsebastian.org; PHONE: 772-388-8215.
CON
City of2 Sebastian, Florida t ment Mowing
ing LANDSCAPING, INC.
RB e21-03 Nuisance Abelanrent Mowlnp Services Page 4 M 10
DocuSign Envelope ID: A F7F513-2FD147BD-92B9.84B69CB29F39
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 request/invoice 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 dale
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 Gty 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 Clty 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 Contractors 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 rata 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 / CONLON LANDSCAPING, INC.
ITS 421-03 Nuisance Abatement Mowing Services Page 5of 10
DocuSigo Envelope In
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
Wit 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 warrantee and City notifies Contractor or 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 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 furnished 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 shell sal, assign or "older any of its rights, churns or obligations under the
Agreement without the prior written consent Of the other Party. In the event of any assignment, Contractor remains
secon enity liable for performance of the Agreement, unless City expresstywaives such secondary Ilabli ty.
222 Bankruptcy or Insolvency. Contractor shell promptly muty City In wining of the filing of any voluntary or imaluntary
petition for bankruptcy Manor of any Insolvency of Contractor or any of its suhcontrados who are Involved in the
provision Of the Services undarttds Agreement.
22.3 COmpliance With Laws. Contractor shall comply with all laws, miss, codes, ordinances, and licensing reguimments that
are applicable to the conduct of its business, indudlng those of Local, State and Faddist agencies having jurisdiction and
authority. These laws, shall induce, but not be IknRed to, Chapter 287 of the Fiwlde Statutes, Me Unamm Commonest
Code. the Immlgretioo and Nationalization Ad, the Ammkars with Duabiliaes Ad, the uNted Sates Occupational
Safety and Health Ad, the United States Environmental Protection Agency, the State of Florida Ceparmmt of
Frain mental Protection, and all pmhibitlons against discrimination Oo Ube basis of race, religion, sax, cr ad national
Origin, handicap, mantel status, s ual orientation, gender Identity or ecaresslon or veteran's status. Violation of such
laws shall be grounds for larmnation ofthe Agreement.
MA Conflict of Interest. Contractor covenants that it presently has rw Interest and shall net acquire any interest which would
confild in arty member of degree with the performance Of the Services covered under this Agreement Furthermore,
Contractor wanenh that it has not employed or retained any company or person, other Nan a bona fide employee
working sclety for Contractor to solidi or secure thus Agreement and flat it has net paid or agreed to pay any person,
company, corporation, Individual, or firm, other Nan a bone fide employee working solely for Contractor any fee,
commission, percentage, gis or Other consideration contingent upon or resulting from the award or making of this
Agreement. Contractor, and its subcontractors d any tier, certify Nat May have not entered Into any agreaman . sub -
agreement, or arrangement in connection with the Project covered under this Agreement. or of any property Induced or
planned to be indutled in the Project In which any member, officer, of employee of Contra dar or its subcnnt actom.
during its tenure, orror two years thereafter, has any interest. direct or indirect
City of2Sebastian,FloridaGONLGN LANDSCAPING, INC.
ITB k21-03 Nuisance Abatbement Mowing Services Page 6 of 10
DocuSign Envelope ID: A2F7F513-2FD147BD-92B9-84B69CB29F39
22.5 Correction d Mordoes. Wreak ashall promptly remose Man the premises ail SeMces rejected by City for failure to comply
With Ihre Agmenterd. whether inmrpomlad into the Projed a not, and Concerns shall pramptiy replace and, ie-execute be
Seale in aaadmm mth Ve Agreement, without addimull a nmlo City, and shall bear the expense of making good all
Services afothw ContradcYs work destroyed or damaged by such removal air replacement All emoval and mplacenerd of
Sw4we shall be done al C/JWsi expwse, If Contrador does not lake action to remove such rejected Services 1Nthin
tan (10) calendar days after receipt of Wdften notice from City, City may remove such Services on Ihek- own and store the
materials at the experee w Contractor.
nB City Funds. If suf intent funtlNg is not available for Conlrai to complete the Services, City reserves fee right to modify
the tams out condbom of the Agreement to dwrge the Scope of Services to reduce the cost to match arty available
funding. If such modifications to the Scope of Services are not feasible, or If funding has been totally exhausted prior to
Contra tors completer of gs Services, the Agreement shall be terminated on terms reasonably acceptable to both
padles. Additiorally, In accodanw with Section 216.W. Florida Statutes, and as provided herein, Contractor may not
snood any City funds for Me purpose of lobbying the hgm1atwa or lore[, state a federal agexie3.
22.7 Debarment Contrai dedlfres to the best of Their lmwmclge and belief, that they and their principals 1) ere not
presently tl cored, sumewled, proposed for debarment, declamd Ineligible, or voluntarily excluded from covered
Imnsactions by any Munidpol, City, State a Federal department or agency, 2) have not, within a three-year period
preceding exertion of this Agreement, been wnNwed of or had a dot judgment rendered against them for commission
of fraud a a criminal ofense In connection with obtaining, atlempfing a obtain, or performing a public (Faded, State a
local) Immadan w agreement under a public treneadiom: violation of Federal or State antitrust statutes or commission
of embsztierrent, theft, surgery, bribery, falaifcabon a da rUdon of records; making false statements, or receiving
stolen property, d) we not presently indicted for or omwafte criminally or civiky changd by s govemmenei entity
(Federal, State or local) With commission of airy of vie ofernes enumerated above, 4) have not Within a Imse-year
owed Proming execution of this Agreement had we or more public tramadions (Federal. Slate or local) terminated for
cause or default, and 6) W it advise City Immaculately if their status charges and M1 provide an explanation for the
change in status.
Me Dlscrimini Vendor. Contractor writes that May are not subject to Section 2117AN (2)(a) Wb[ch specifies that an
entity or affiliate who has been placed an the discriminatory vendor list may not submit a bid/bd an an agreement to
provide any goods or services to a public entry, may not submit a W/Bld on an agreement wigs a public entity for the
wr¢buwan a repair of a public building or public vmrk, may not be awaded w pedmm work as a Contractor, supplier,
sub-Codractw, a wnwftant under an agreement with any public enriy, and may not trained business with public
entity.
22.9 Dispute Resolution. For any dispute concerning performance of the Agreement, which induces WthoN limitation
controversies based upon breach of agreement, mistake, misrepresentation, or other cause for Wfeemenl modifcatlon
w msdsmon, City shall attempt a reach a mutual agreement as to the settlement and resolution of the dispute vAth
Contractor. Should a muesl agreement not be reached. Gfy shall render a decision and reduce such to writing and
serve a copy on Contractor. The decision shall be Mal and concussive.
22.10 Disposal of Wastes. Contrador shag handle any waste materials generated in the performarxxa of the Services in full
compllance Bw all laws, regulations, and requirements of all governmental authorities and those of City. Contractor
shall use only diswsat faellifles which have proper permits and are In his com llance With all Laws. Comedw agrees
that City has the night to M104 for any reason, Contrawors use of any pamoular disposal facility. All unusable materiels
ad debris shall be disposed! of In an appropriate manner.
me use ot a of off is pern6ted. Upon final completion, IN Contrador shall thoroughly dean W all areas where Work
was done as mutually agreed upon with the Project Manager. Conlmdor shall at as times, during the pert rmanca of
Sevices, keep the Wwksite free and dear of all rubbish am debris. Any material or Waste generated by Cwtador or Its
employees, agents and Subcontractors shall be removal and disposed of by the Codirector at its a pmose, to the
satisfaction of the City. In" event Contrador falls to remove all rubbsh, cable, materials and waste from the Wcaftile,
the City may employ labor and equipment ne wwr to dear the site and charge Contractor fur the City. rust Incum e i
deeming the site.
Contractor shall nations In an acceptable manner or replace all properly, both public and private, which has been
displaced or damaged by the Comrade during tM execution w the work. Contrador shall leave the Wwkalle
unobsluwed and In a neat and presentable cords ion. The term -pmperfy' Sha11 Include, but Is not limited to, roads,
shdewalks, curbs, drly wys, wails, fences, landscaping, awnings, Willes, footings and drdnage simclwes.
22.11 Documentation, Ad tracings, plans, specfftcml , maps, wmpufer files waYor reports prepared or obtained under this
Agreement, as well as all data colleded. togwber With morrow. and chats Moved there from, MI be considered
works made for hire and will become the property of Cory upon egrimtlan a termination of the Agreement Wdthout
restriction or limitation on they use. Upon delivery to Cityd said docwnent(s), City wr11 became the custodian thereof in
aaed6ncewih Chaptw 119. Florida Standies. Conlmdor r ll not copyright any material and products or patent any
Invemon developed under cols. Agreement Copies of these documems am notlobe old or dwddded to third partim
Widrout tirewdden consent 00ty.
22.12 Drug Free Workplace: Contractor contras that If has in place a Dmg-Free Workplaw Program In accordance with rile
Drug -Free Workplace Ad of 1988 (41 U.&C. 702405). Refer to Form F submitted with Bid.
22.13 Electronic Slgnedm(a). Contmdw, If and by offering an electimic agnalum in any form whatsoever, WEI accept and
agree a be beach by Bald electronic signai to all terms and conditions of this Agreement. Further, a duplicate or copy
of vie Agreement That contains a duplicatetl or nonadghnal Wgnah ne Will be treated the same as an original, signed copy
w thu original Agreemmt air, all purposes.
City of Sebastian, Florida /CGNLONLANDSCAPING, ANC.
ITB 921-03 Nuisance Abamrrmnt Mowing Services page 7 of 10
DomiSign Envelope ID. A F7F513-2FD147BD-9289-84B89CB29F39
22.14 Employees, Submatrectaa and Agents. All Contractor employees, subcontractors, and agents pmdorming any of the
Services under the Agreement shall be proceed, rained to meet or exceed arty specified training qummaaVOm. Upon
request, Contractor men tumish a copy of cemfination or other prop of Modification. At employees, subceMradors, and
agents of Contractor must comply with all security and administrative regukements of City. City may cenduld and
Contmdor shag ceopaate In, a security background check or ommase assess any employee, sub -Contractor, and
agent of Contractor. City may refuse access to, or require replacement of, any of Contractors employee, subeontrector
and agent for cause, Including, but not limited to, technical or "king quatigcallom, quality of eaMces, change in
security MMus, or mnca p lahce vMh Ciy's security or Other requirements. Such refusal shall not relieve Conlractor M
Its obligation to perform all Services In compliance with the Agreement. Gty may reject and bar free any facility for
name any of CoMredoes employees, subceMredore, or agents. City shall have the night to review and approve any
sub-Contregor used by Contractor. Connector shall be fully responsible to City for the ads and omieslom of As
subcenlrectom, and peream directly or indirectly employed by than. It d Coon dm4 respomNility to Madre that their
subcontractors are property licensed to do business in the Slate of Florida and City of Sebastian, as required by taw.
AA wersmen most have sufficient kmvAedge, skill and expedmm to properly perform the work assigned to them. AI
workmen must have Draper FOOT solely seat or safety shirts during any mowing, staghg of MOT or dean -up operation.
22.15 EnAmnmeMal Issues. AI mtificenons regarding environments eanea or requremeras shall be sent Immediaely to
Ciya Corral Person. Unless deeded olhemlse by City, Contractor is not to contact any local, state or federal
governmental agencies calcerning environmental issues ImolAng the Project She.
22.18 Equal Employment OpportMty. CeMrador shall rat dlseknirete on the baste of race, color, sex, age, national origin,
religion, and assail" or MMicap In accordance with the provisions of: Into VI of the CMI Rights Pnt of 1984 (42 U.S t.
§ 2000 et sm.. This VII of Me Cron Rights Ad of I (42 U.S.C. § 3801 gj @gig.), Florida CMI Rlgnts Ad of 1992 (§
760.10 tit e€gJ, TWO 41 CFR Pad 00 for cawnance wlth Executive Orders 11240 anal 11375. Tale 49 CFR 23 and The
49 CFR 0 for Disadvantaged Behead d Enterprises, Age Dieaminaldon Ad of 1975 (42 U.S.C. § 6101, et sm, . The 49
CFR 21 and TO. 49 CFR 23. NaMbdlminMlon on Vie beets of handicap. Title 49 CFR 27, Americans Mth Dlsabllllka
Ad of 19N (42 U.S.C. 12102. M M.), Federal Fair Labor StaMards Ad (29 U.S.C. § 201. Of a,1. ant any alder
Federal and State discriminator, statues. Contractor Main human pemnent IMametion regarding its ea ployment
wflow seal Padkes as vaM as those of their proposed submntradon es the State M Florida Department of
Tmmpodado , the Secretary of Labe, or City may mown, The above shelf W mgWred M any m bCa arflm hired by
Conbador. Equal Employment Opporhnity, re umments shall be included in al none drhpt sub -agreements
entered Into by Contractor. Sub -agreements entered On by Contractor shall also Include all other applicable labor
provisions. No sub-alreenent Mull be avoided to any non-oanpyng 5ubC0rmmW. Additionally, Connector Mhos
Insert In its sub -agreements a clause lactating subceMredore to Include these pmWsioa in any Iovae tier sub
agwmaMe MM may In tuna bar reds. COMmata man eompy Wm Oil state laws and local adinanoea.
22.17 E-VaMntlon Syaum. Contractor shall comply Wth mat Execudve order No. 1209 as amenal slat Exea llve Order
No. 11-116. and agrees to u01s the U.S. Department of Howland SecuMys E.Vedy system, hipelle-
ved(v.usds aovlemo, to vanry the employwM elgLiltiy at. (1) an persons employed! by Connector during the Omement
term to perform any all all Florida, and; (2) all persons, including sainowwcors, assigned by Contegor to
perform work pursuant in We Agreement. Comtredore mating the terms and dedtioa of 1st EVally Syslem are
Warned th be In compliance Wlh Wa prevision.
22.18 Form Majeuu Event twiner party Stun be mmdared to N in deialll in me pemmnaree of its oNlgagom under Nis
Agreement, except odigallons to make payments Wm msmo to awuMs already mantled, to the Want that
padbnowlM of any such ablganom Is prevented or delayed by arty cause, adding of fudre, when Is beyond the
reasonable control, and not a result of the fatal or negligence of, the &f ed parry (a Tome Majeure Event-). If a party Is
"vented or delayed in tie perfartnance of any suds obligations by a Farm Majeum Event, Mehl party shall Immediately
provide ratioe to vie other party of the dvrwtemes pevatdng or delaying peforrnarxe and the arpUdm duream
thereof. Sugn ndice shall be confirmed in Ming as coon me honorably possible. The party so aeedetl by a Form
Wieure Event shall endeavor, to Me extent reasonable. to ramose we otemadea vfiich prevenl performance end shay
resume pedormence of Xs dAlgatiens as soon a reasonably puglnabe. A Force Majeure Event plan include, but not
be limited to ads of cads or military ambarily including musts err regulatory agmcies), ad of God (excluding normal or
seasonal veamer nanditioa), van, col, or i auvegen, Inability to Wain required permits or licenses, humnams and
severe floods.
22.19 Govemirg Law and Vanua. The Agreement shah be governed In accoMence vdth the leers of the State of Florida. In
Me event of litigation with rasped to the obligation of the pastes to the Agreement, tame lume iWan and venue of such
adion shall ud an approprose Ste Court In Indian Rude County, Fdrda.
22.20 Govemmentd Rastr om. if Comrades bananas gut any govemwwl re unst r, have been imposed Mal require
arceration of the m tedals used. Vre quality, wodenaaNp or pedd amm, M the Services Offered Miler tie AgmeneM.
Contractor shot Immaill relgy Gty In w hil admim, tie Opedfic MMction. City Mserve9 me right end the
conplele disaveon a xcel%arty sue alteration ato caned Me Agreement M no father expense to City.
22 21 ImmigreOon and Neddonallty Act Cantraad shall comply Wth all mmigralion laws as outined in a USC s 1320 -
Un mvbl anMeymenl of all City WII not IntentionallywdM aCity agreements to any Central e,a knavigty
emplovs trio omed Alien workers. Any violation of the ewloym cal provisions Ownetl in the Immigration and
Naaomlly Ad throughout the Ieran of any Agreement Win City may mull in mmedate termination of the Agreemml.
City WII consider Me employment of uneNMrbed alien a viotlion of Section 274A (a) of Me Immigration and
Nationality Ad. Stein vidatlon WII m muse for aialeral maeletim of the Agreement, by City, If Contractor movaVy
employs uneumodmtl alone.
City of Sebastian, Florida y CONLO14 LANDSCAPING, INC.
ITB D21-D3 Nuisance Abatement Mowing Services Page 8 of 10
DocuSlgn Envelope ID: A F7F513.2FD147BD-92B9-84B69CB29F39
22.22 Inepectiory Perfommca, Supervislan. City reaervea the tight to inspect the Services Provided! by Coaractor, whemer,
partially or Nlty compleed, at any time, as mematl appropriate by City for IN purpose of creating Contractors
performance under Be Agreement, Such Inspections performed by City, shall not be construed as a final approval of
Cmbactore Service, and shall cat relieve Contractor from Its obligations lade the Agreement. City reserves the right to
inspect, et any reasonable Bme with prior notice, Coniredors Naftali to assess canfomiy of the promisor of the
Services with the Agreement raqulrenents. City reserves the right to Investigate or hoped, at any time, whether the
provbim of the Servces aanples WIh the Agreamem regdrenams. Contractor shall at bit tines during le Agreement
term remain mapomhx and responsible. CmIniclor must he papered, If Museled by City, to present evidence of
experience, ability, and financial startling, As wall as a statement as to capacity of Contractor for the cerbmame of 81e
provision of me Services covered under the Agreemad. This paragraph shall not mean or Impy gist it Is obligatory
Won City to mesa an Investigation ether beom in after overall of the Agreement, but mould! City elect to do so,
Contractor ts cat tddvcs from fulfilling ell Agreement requirements. Connector atoll supavice and direct me permarro oe
of its Sioncee and shall be wily responamle for the means, methods, hedritic es•sedorces. ant safely of construction and
oPeretiona. Contractor WI employ and maintain at the Praises Site a qualified supeMsor or, uncess reMmt who shall have
bean deagneted In Wag by Conlo don as the Contractors representative of Be Project Site. The srperecof a
supedmeoea sell have fun aumonty Io act on behalf of Contractor and rff commshatiom given to the supervisor or
aupeir6 shall be as strong as W glen cal ly to Cmbactor. The supervisor or supehaendem shen be present on the
Prokd Site at all throe as Maniacs to perform adequalo SUPervak n and c000inallm of me Contractors Services,
2223 Lawful CNlms and Demands. Should arry outstanding dames by subcontmdms or suppliers inmmtl in Ihe
pedamence d the Services materialize after City has made Payment to Contractor. Contractor Wn Indemnify and save
City armless horn such claims. Acceptance by Contractor of payment shall a and shall opens, as a release to City of
all claims ant all whililics to Connector, other Men ciamu in stated amounts as may a specifically excepted by
Contractor far mkgs lore or hardened In connection Wit the provision of the SmAd s, and for every ad and rallied of
City and others reading to or arising out of the Provision of me Services mveced under (his Agreement. Any payment,
whehicer final orothemise. shall not release Con mdor or his surelles from any obligations under cite Agaremml.
22.24 Lobbying. Conbador shot not it canecfion Wth to Agreement• directly or indirecly, (1) offer, confer, or agree fo
corder sny pedmary benefit on anyone as considereBon fa any Cry officer or empsmee•s deddm, opinion.
recommendation. vote, other manse of ciadabon, or violation of a known legal duly, or (2) offer, give, or agree to ghee
to anyone any m ity fa the benefil of, or at the direction or reaueat of. any City officer or smpoyes. For purposes of
clause (2).'gmhriV means any payment of more then nominal monetary value m the farm of cash, travel emenaianea,
gift. meat, lodging. loam. sdlectipllons, advances. deposits of money, Services, employment. or agreements of any
Uri
M.25 Nantolluslon. Contractor agrees Bat raper it, car any of Its oBaera, parses, agents or employees have entered Into
any agreement participated In any canuslon, or omerMse taken any action wNch la in restralnl as a het compeelive
sdicitalion in connection Win this Agreement, and Bat Contractor intents to do Be vmrk with Its own bare fee
employees or submntredons and be not provided a response fix the bmi of another Codrador. Fw more,
Contractor certifies mat its affiliates, sussdleties, directors, officers, and employees are not cumnty onbe Investigation
by any govanmemal sumorily and have not In this last ten (10) yearn been convidcs a fount liable far dry ad
prohibited by few in any tolsdktl0n, Involving conspiracy or collusion Wlh respect to submillfing a respaee an any public
agreement.
M28 Non�Funfiing Clause. In the event sufficient budgeted funds am not avalleba or depleted, Cry elan notify Contractor of
such occurrence and agreement shall terminate without penalty or expense to me City.
22.27 Non -Performance Clause. The Commotion recognizes that due to the nature of tie services to be performed under this
Agreement• it Is essential that me Worir be mmplded In a timely manner in accordance Wlh Ire schedules approved by
the City. Nonpedomnemeltleficienclas m literati by the City to the Contractor shell be addmascs 1. Verbally 2.
Written Notice. If the deficiency has not seen Collected to me sattsfcaiton of ma City whim the time frame provided, me
CIty may have the work Performed by elmer Its bacons personnel or a third party and charge the cost against payments
due the Contractor. Repeated deficandes may resell In the termination of this Agreement
22.28 Permits. The Contractor sell apply for all required building permits from City of Sebastian aM is responsible for any
associated rem.
22.29 Project Sib Conditions. Connector shall be deemed to have examined Project Sing), If applicable ant to have
secured full knoWedge of all mMltlons under vvTleh the Services are to be executetl and completed.
22.W Protection of persons. Contractor will be responsible for the safety of its employees and the employees of Its
subcon mdas, during Bee Provision of ie Services. COMrector Will be responsible for bidding, maintaining and
supervising all safety programs In connection v(M the provision of the Services In accordance Win applicable safety
stan0ards and regulations, ae promugatcs by the United States Occupational Safety and Health Ad. Contractor shall
report promptly to City any accident or unusual commence during performance of the Services. Indudlrg personal Injury
or death to any Contractor enpayee, eubionhmda a p4owe or any member of to public, or my damage to any of
CIO property, the Project Site, or adjacent property.
22.31 Public Entity Crime. A peal or sit late who has been placed on to convicted vendor lot ftlaoMng a conviction for a
Public emty clime may rot submit a bid, btl. a reply an an agreement to provide any goads m services M a public
only; may not submit a bid, bid, or reply on en agreement wXh a public entity for le construction or repair of a public
building or public werk; may not submit bide, bids, or replies on leases of real property to a public an*. may cat bee
awarded or perform work as a Contractor, supplier, cusmntractor, or consultant under an agreement Wth any public
sandy, and may not trended busman; Wish arty public catty In excess W [he Ihreseld amoum Provided in s. 287.017,
Fdrids Salutes fa CATEGORY TVVO for a terlod of W mane falloxmg me date of being placed on the convicted
vaMor Net
City of Sebastian, Florida ) CONLON LANDSCAPING, INC.
[TO #21-03 Nuisance Abatement shoal Services Page 9 of 10
DocuSlgn Envelope IDA F1F513.2FDl A7BD.92B9-84B89CB29F39
av x.ww.ac.wmm�...F,xPm.�.cmn.rwrour•ispeabna Ne.r�ms,wrvshY.m..,ww
a w m Ayngw, Alr:� eFww wn. o• omex. a on.
aaa R.nmYnryw.naaNaacuw..Wawmo niero..am. wFa wnr.rowM.wmi.Iwr.rPoea
n ,..wwm.� NwNr,.,marl..a..m•. ma. romacw+mw m�wmn. x.w,naY.sc dn.
bmumew• aN q.YnPe. ePwm. we •w.a. imEL m e7 ben dea bN1 ]ia wm. P eemwYt, I.a'
d�wgPu bY.J, remits
a1{ PLY w Im.. UMI tlw evrb, Mw C,m ta.aW W CLr M tl kw v er�rY W my muM. w}pist,
enp®w wt PmrA xaNr pMy r MY �rGLAe Na uP eYwb! YN N HaYv. aW vman s"
aun LrLYAL., Area w Pm,\ cxm Y.r.Ma m Ln ral sMda PnPm re..N.. wNAr,
.wa., mYwA. ma Yy aew 4N. L arw m N Palm a N r..lw. m..m wy.• r. Na.,..l
GUM1 n..PM1,rswe nie TFF Wwr vE.YA CWbWr. bFCrM lsmh NelNbNhiamnl MYi
e�mey.mPr. ry LM1. N WF1W. Ipab vtl,c2e tl R+aw . w nrr pu b NFp.amb ,M M
.eY,.e IY raYa.w w.1✓mn r u... yl>!. ew. N ou a Yr Yn^+P � N.w,.mPr
IIa erYda me eoal4.r+a•.emm.ew Ar�pYMrrFr Am.a Y.aaamdcAr reY wamY*waN
e� mrq. YPtmrmL dbn wWT [wb„NY4mCon dbfi W CwYYbI w L .R.L
wimYi v.m/aLp Xwawr.IMxly We� ma�.,dPmra,bNN� I.wA YbnN.n
e pbWy vWaa bwpn.xhp P Co4xb..[wnw•Yn YYIOM ffi Eewgal FOtpninM.eM arty
w Cqe ebcnmm a wnAeF� er a aNur M4m'Y ubw eLL N fMYY b. v o pubrt rwtc. lu
•we weNF+am. Maam aeA Lu LwwLr msa.r �m bYam.a .ewL ..I.dxwr.m. 1L•
.rraw. a w. orweon a.l vA. N .r.mw.
an v.rrlw.n.mnew,,. an em,+wiaNw.rLe.m wwv.NweL. wPPww wi»rm,..e
PrymNwnNArene,.,va,eman..w.nnw,wr,x.Poc.uwraie Purr..m,m�w�n
W Yna Yde^ov
EX euMrlMegdnwYenMwa.t�.A.,MimYibY utl lM1Mvstl,Mly FtlYmFrY eTAw..b
IY'vwM P.O'wP WnYeaaNrp.a„w.bryn„m.
ar r.d mam am Yb r wm m..ma, w.m eN..n.Ir Lv wwwe m u. eaa h COYtlY m
rmvao wn N w ad meu.IYa d N 9r a nm.Lm.mwdPNe L Y. emr„M a s<s.w.
umwN Mr.^'^"1 L+YNMMf..nYpwY,e TNglu.bdaem LwTm.vbr.Y w.e. wnel u�
CYvrYLi rµNp,t sy. IYYY. p'itol.tlG'sn d N SIMo d fam:a Mn n &we a flwtl. GL
m� mrYW +P�wwgN l'balp )m'I NaNdNOq•,N Cartivw bmalmn
!u p'mmr. Neeb rPYTJv®.
IIr0 WYnr.lM e4rw lau. by GrybmuLwv�bw wvabgJr utlw NAy..x'Nr MrwrYaw
,rrr tl CP/r •YyarLwM b Y0.ro ns b4, v A F a�yYv prlLl m W d vry wM
Aa•: walm N[gaY.YVMP4enV eATa.N4P Nrrwavr/pMyt.
t]. AUNaRy. Fair pbYyn A'p,nS tlr Ag:ce. ..ft. M w e!b a aAY euNrneetl m do w
erld bOnk rlr mpeaiw peay W tlb Agnemant
N YYRNESB MMEREDF, dr PAAIee Nteb hew owed dqw pAerdA IC W eraoded. roe EAY eM
yes odes ebme.
CONLDN LAN CAMND, MC-' TNECRYOFSEBASPMi,FLDRAYA:
1/22/2021 1 1:15:31 PM EST
B vWE. 7•I BYJa1�.LiL1DATE'_
Jan PRF3IDEM wnN PiwsWsl CITY MANAGER
NybyPWlk
y$, .i yf snbd Fl:nm
ATTESTIS�uJ'""1p11r'bA��
Cammn'b'm Na. M Aa1We
`rp�we�
Ca. MMC
GFlYLERKLERK
Approved N b blm eM kyN9y br
•elN.xA q Hr C p a 9eYmuen mly:
1 }.
CITY ATTORNEY
Chyd SebaaLn ibbelfIIM1L011 W103UPWG.INC
DBe21-0J NPvme Maw,snnbrry $em'Y Pp.lOC 10