HomeMy WebLinkAbout2025 AgreementDocusign Envelope ID: E2F86CDE-323D-4AB4-B6CF-675A44D44599
CITY OF
SfJ3Ar>TJ,&]N
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN AGREEMENT FOR
SOD AND LIVE TURF PURCHASE, DELIVERY, AND INSTALLATION WITH
FLORASOD LLC
THIS AGREEMENT made and entered into the 5th day of May , 2025
by and between the City of Sebastian, Florida, whose address is 1225 Main Street, Sebastian,
FL 32958, a municipal corporation of the State of Florida, hereinafter referred to as the "City"
and FLORASOD LLC (FEIN: 87-2643877), whose principal and local address is 5 S Elm St, Suite
104, Fellsmere, FL 32948, hereinafter referred to as the "Contractor". The City and the
Contractor are collectively referred to herein as the "Parties."
WITNESSETH:
WHEREAS, the City desires to retain the Contractor for the work identified in the
proposal specifications outlined in Invitation to Bid 25-11-ITB, Sod and Live Turf Purchase,
Delivery, and Installation; and
WHEREAS, the City desires to retain the Contractor to provide Sod and Live Turf
Purcahse, Delivery, and Installation, as subsequently specifically set out in purchase orders to
be issued under this agreement; and
WHEREAS, the City desires to employ the Contractor to support the activities,
programs, and projects of the City upon the terms and conditions hereinafter set forth, and the
Contractor is desirous of performing and providing such goods/services upon said terms and
conditions; and
WHEREAS, the Contractor hereby warrants and represents to the City that it is
competent and otherwise able to provide professional services to the City; and
WHEREAS, all City promulgated bid documents pertaining to Invitation to Bid 25-11-
ITB, Sod and Live Turf Purchase, Delivery, and Installation, and all submissions by the Contractor
(including the bid proposal and proposal clarifications) are incorporated herein to the extent
not inconsistent with the terms and conditions as set forth herein; and
WHEREAS, the City desires to retain the Contractor to provide all labor, materials,
equipment, facilities, and services included in, but not limited to, the guidelines in the scope of
work; and
WHEREAS, the City desires to use the expertise and knowledge of the Contractor; and
WHEREAS, the Contractor recognizes the importance of strict adherence to all laws,
rules, and regulations, particularly regarding safety procedures and processes.
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NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, it is agreed by and between the parties hereto as follows:
SECTION 1: GENERAL PROVISIONS
1.1 The term "Contractor" as used in this agreement is hereby defined herein as that person
or entity, including employees, servants, partners, principals, agents, and assignees
providing services under this agreement.
1.2 The Contractor acknowledges that the City may retain other service providers to
provide the same services for City projects. At its option, the City may request proposals
from the Contractor and the service providers for City projects. The City reserves the
right to select which service providers shall provide services for the City's projects.
1.3 This agreement is for Sod and Live Turf Purchase, Delivery, and Installation as set forth
herein and as otherwise directed by the City to include all labor and materials that may
be required.
1.4 The recitals above are true and correct and form and constitute a material part of this
agreement upon which the parties have relied.
1.5 Each party hereto represents to the other that it has undertaken all necessary actions to
execute this agreement and has the legal authority to enter into it and undertake all
obligations imposed on it. The person(s) executing this agreement for the Contractor
certify that they are authorized to bind the Contractor fully to the terms of this
agreement.
1.6 Time is of the essence of the lawful performance of the duties and obligations contained
in this agreement, including, but not limited to, each purchase order. The parties agree
that they shall diligently and expeditiously pursue their respective obligations outlined
in this agreement and each purchase order.
1.7 When the term "law" is used herein, it shall include statutes, codes, rules, and
regulations of any type or nature enacted or adopted by a governmental entity of
competent jurisdiction.
1.8 The Contractor hereby guarantees the City that all work and all material, supplies,
services, and equipment listed on a Purchase Order meet the requirements,
specifications, and standards provided for under the Federal Occupations Safety and
Health Act of 1970, from time to time amended and in force on the date hereof.
1.9 It is agreed that nothing herein contained is intended or should be construed as
creating or establishing a relationship of co-partners between the parties or as
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constituting the Contractor (including, but not limited to its officers, employees, and
agents) as the agent, representative, or employee of the City for any purpose or in any
manner whatsoever. The Contractor is to be and shall remain independent concerning
all services performed under this agreement.
1.10 Persons employed by the Contractor in the provision and performance of the goods
and/or services and functions under this agreement shall have no claim to pension,
workers' compensation, unemployment compensation, civil service, or other employee
rights or privileges granted to the City's officers and employees either by operation of
law or by the City.
1.11 No claim for goods and/or services furnished by the Contractor not specifically provided
for herein or in a purchase order shall be honored by the City.
SECTION 2: SCOPE OF SERVICES
2.1 The Contractor shall safely, diligently, and professionally and timely perform with its
equipment and assets and provide goods and/or services included in each
subsequently entered purchase order. Unless modified in writing by the parties hereto,
the Contractor's duties shall not be construed to exceed the provision of the goods
and/or services pertaining to this agreement.
2.2 The Contractor shall provide the goods and/or services as generally set forth and
described in Exhibit "A" to this agreement and specifically detailed in various purchase
orders as may be issued from time to time by the City.
SECTION 3: PURCHASE ORDERS
3.1 The provision of services to be performed under the provisions of this agreement shall
be commenced as outlined in the City's bid/procurement documents upon the
execution of this agreement and a purchase order issued on a form provided by the City
hereunder commencing the provision of goods and services. Additional services to be
performed by the Contractor to the City shall be authorized in a written change order
issued by the City on a form provided by the City. Purchase orders executed by the City
shall include a detailed description of quantities, services, and a completion schedule.
The Contractor shall review purchase orders and notify the City in writing of asserted
inadequacies for the City's correction if warranted. In every case, if the Contractor
completes work without authorization by a purchase/work order or a change order, the
City is not obligated to compensate the Contractor for the unauthorized work.
3.2 The Contractor shall perform all services required by the purchase order, but the
Contractor shall not be paid more than the negotiated Fixed Fee amount stated therein.
3.3 The Contractor may invoice the amount due based on the percentage of total services
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performed and completed, but in no event shall the invoice amount exceed a
percentage of the Fixed Fee amount equal to a percentage of the total services
completed.
3.4 The City shall make payments to the Contractor when requested as work progresses for
services furnished, but not more than once monthly. Each purchase order shall be
invoiced separately. The Contractor shall render to the City, at the close of each
calendar month, an itemized invoice properly dated, describing any services rendered,
the cost of the services, the name and address of the Contractor, purchase order
number, contract number, and all other information required by this agreement.
SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED
4.1 Execution of this agreement by the Contractor is a representation that the Contractor is
familiar with the services to be performed and local conditions. The Contractor shall
make no claim for additional time or money based upon its failure to comply with this
agreement. The Contractor has informed the City, and hereby represents to the City,
that it has extensive experience in performing and providing the services and/or goods
described in this agreement and to be identified in the purchase orders and that it is
well acquainted with the work conditions and the components that are properly and
customarily included within such projects and the requirements of laws, ordinance,
rules, regulations or orders of any public authority or licensing entity having jurisdiction
over the City's projects. Execution of a purchase order shall be an affirmative and
irrefutable representation by the Contractor to the City that the Contractor is fully
familiar with all requisite work conditions of the provisions of the goods and/or services.
SECTION 5: CHANGE ORDERS
5.1 The City may revise the scope of services outlined in any particular purchase order.
5.2 Revisions to any purchase order shall be authorized in writing by the City as a change
order. Each change order shall include a schedule of completion for the services
authorized. Change orders shall identify this agreement and the appropriate purchase
order number. Change orders may contain additional instructions or provisions specific
to certain aspects of this agreement pertinent to the services provided. Such
supplemental instructions or provisions shall not be construed as modifying this
agreement. An agreement between the parties on and execution of any change order
shall constitute a final settlement and a full accord and satisfaction of all matters relating
to the change and to the impact of the change on unchanged goods and/or work,
including all direct and indirect costs of whatever nature, and all adjustments to the
Contractor's schedule.
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SECTION 6: CONTRACTOR RESPONSIBILITIES
6.1 The Contractor shall be responsible for the professional quality, accepted standards,
technical accuracy, neatness of appearance of employees, employee conduct, safety,
and the coordination of all goods and/or services furnished bythe Contractor under this
agreement as well as the conduct of its staff, personnel, employees, and agents. The
Contractor shall provide the City a list of employees working days, times, and
assignments within two (2) hours of the City's request for such information, which the
City may request. The Contractor shall provide employee addresses and driver's
licenses. All Contractor employees shall at all times wear identification badges which, at
a minimum, give the name of the employee and the Contractor. The Contractor shall
work closely with the City to provide the goods and/or services. Concerning services,
the Contractor shall be responsible for the professional quality, technical accuracy,
competence, methodology, accuracy, and coordination of all of the following, which are
listed for illustration purposes only and not as a limitation: documents, analysis, reports,
data, plans, plats, maps, surveys, specifications, and all other services of whatever type
or nature furnished by the Contractor under this agreement. Without additional
compensation, the Contractor shall correct or revise any errors or deficiencies in its
plans, analysis, data, reports, designs, drawings, specifications, and any and all other
services of whatever type or nature. The Contractor's submissions in response to the
subject bid or procurement processes are incorporated herein by this reference.
6.2 Neither the City's review, approval, or acceptance of nor payment for any of the goods
and/or services required shall be construed to operate as a waiver of any rights under
this agreement or of any cause of action arising out of the performance of this
agreement and the Contractor shall be and remain liable to the City per applicable law
for all damages to the City caused by the Contractor's negligent or improper
performance or failure to perform any of the goods and/or services furnished under this
agreement.
6.3 The rights and remedies of the City, provided for under this agreement, are in addition
to any other rights and remedies provided by law.
6.4 Time is of the essence in the performance of all goods and/or services provided by the
Contractor under the terms of this agreement and every purchase order.
SECTION 7: CITY RIGHTS AND RESPONSIBILITIES
7.1 The City shall reasonably cooperate with the Contractor promptly at no cost to the
Contractor as outlined in this Section.
7.2 The City shall furnish a City project manager to administer, review, and coordinate the
provision of services under purchase orders.
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7.3 The City shall make City personnel available where, in the City's opinion, they are
required and necessary to assist the Contractor. The availability and necessity of said
personnel to assist the Contractor shall be determined solely at the discretion of the
City.
7.4 The City shall examine all of the Contractor's services and indicate the City's approval or
disapproval within a reasonable time so as not to delay the provisions of services of the
Contractor materially.
7.5 The City shall transmit instructions and relevant information and interpret and define
City policies and decisions concerning all materials and other matters pertinent to the
services covered by this agreement.
7.6 The City shall give written notice to the Contractor whenever the City's designated
representative knows of a development that affects the goods and/or services provided
and performed under this agreement, the timing of the Contractor's provision of goods
and/or services, or a defect or change necessary in the Contractor's goods and/or
services.
7.7 The rights and remedies of the City provided under this agreement are in addition to
any other rights and remedies provided by law. The City may assert its right of recovery
by any appropriate means including, but not limited to, set-off, suit, withholding,
recoupment, or counterclaim, either during or after the performance of this agreement
as well as the adjustment of payments made to the Contractor based upon the quality
of work of the Contractor.
7.8 The City shall be entitled to recover all legal costs, including, but not limited to, attorney
fees and other legal costs, that it may incur in any legal actions it may pursue to enforce
the terms and conditions of this agreement or the responsibilities of the Contractor in
carrying out the duties and responsibilities deriving from this agreement.
7.9 The failure of the City to insist in any instance upon the strict performance of any
provision of this agreement or to exercise any right or privilege granted to the City
hereunder shall not constitute or be construed as a waiver of any such provision or right
and the same shall continue in force.
7.10 Neither the City's review, approval, or acceptance of nor payment for any of the goods
and/or services required shall be construed to operate as a waiver of any rights under
this agreement nor any cause of action arising out of the performance of this agreement
and the Contractor shall be and always remain liable to the City per applicable law for
all damages to the City or the public caused by the Contractor's negligent or wrongful
provision or performance of any of the goods and/or services furnished under this
agreement.
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7.11 After final payment is made to the Contractor, all deliverable analysis, reference data,
survey data, plans, reports, or any other form of written instrument or document that
may result from the Contractor's services or have been created during the Contractor's
performance under this agreement shall become the property of the City.
8.1 Compensation for performance of work per Exhibit A, subject to additions and deletions
by change order as provided for in this agreement.
8.2 Compensation to the Contractor shall be as outlined in the purchase order, which
assigns services to be accomplished by the Contractor.
8.3 The Contractor shall be paid per the charges outlined in Exhibit "B" attached hereto.
8.4 There are no reimbursable expenses to be paid to the Contractor except as specifically
set forth herein.
SECTION 9: INVOICE PROCESS
9.1 Invoices, in an acceptable form to the City and without disputable items, will be
processed for payment within thirty (30) days of receipt by the City.
9.2 The City will notify the Contractor of any disputable items in invoices submitted by the
Contractor within fifteen (15) days of receipt, explaining the deficiencies.
9.3 The City and the Contractor will try to resolve all disputable items in the Contractor's
invoices.
9.4 Each invoice shall reference this agreement, the appropriate purchase order and
Change Order if applicable, and the billing period.
9.5 The Florida Prompt PaymentAct shall apply when applicable. A billing period represents
the dates in which the Contractor completed goods and/or services referenced in an
invoice.
9.6 Invoices are to be forwarded directly to the Project Manager, who will vary with each
project. Alternatively, invoices can be sent to the address below:
Finance Department
City of Sebastian
1225 Main Street
Sebastian, FL 32958
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SECTION 10: COMMENCEMENT SCHEDULE OF AGREEMENT
10.1 The Contractor shall commence providing services as described in this agreement upon
execution of a purchase order issued by the City.
10.2 The Contractor and the City agree to make every effort to adhere to the schedules
required by the City or as established for the various purchase orders as described in
each purchase order. However, if the Contractor is delayed at any time in the provision
of goods and/or services by any act or omission of the City, or of any employee, tumult
of the City, or by any other Contractor employed by the City, or by changes ordered by
the City, or by strikes, lockouts, fire, unusual delay in transportation, terrorism,
unavoidable casualties, or any other causes of force majeure not resulting from the
inactions or actions of the Contractor and beyond the Contractor's control which would
not reasonably be expected to occur in connection with or during performance or
provision of the goods and/or services, or by delay authorized by the City pending a
decision, or by any cause which the City shall decide to justify the delay, the time of
completion shall be extended for such reasonable time as the City may decide in its sole
and absolute discretion. It is further expressly understood and agreed that the
Contractor shall not be entitled to any damages or compensation or be reimbursed for
any losses due to any delay or delays resulting from any of the causes as mentioned
earlier or any other cause whatsoever.
SECTION 11: TERM/LENGTH OF AGREEMENT
11.1 The initial term of the Agreement is for a term of two years. The Agreement may be
renewed by the parties for two additional terms of one year if agreed to in writing thirty
days prior to the end of the initial term.
11.2 The City has the right to extend any contract for the period necessary for the Contractor
to complete their contractual obligations and/or release, award, and implement a
replacement agreement. Such extension shall be based on the same prices, terms, and
conditions this contract outlines.
SECTION 12: DESIGNATED REPRESENTATIVES
12.1 The City designates the City Manager or their designated representative, to represent
the City in all matters pertaining to and arising from the work and the performance of
this agreement.
12.2 The City Manager, or his/her designated representative, shall have the following
responsibilities:
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12.2.1 Examination of all work and rendering, in writing, decisions indicating the City's
approval or disapproval within a reasonable time so as not to materially delay
the work of the Contractor;
12.2.2 Transmission of instructions, receipt of information, and interpretation and
definition of City's policies and decisions with respect to design, materials, and
other matters pertinent to the work covered by this agreement;
12.2.3 Giving prompt written notice to the Contractor whenever the City official
representative knows of a defect or change necessary in the project; and
12.2.4 Coordinating and managing the Contractor's preparation of any necessary
applications to governmental bodies to arrange for submission of such
applications.
12.3 Until further notice from the City Manager, the designated representative for this
agreement is concerning this section of the Agreement:
Lee Plourde, Public Works Director
City of Sebastian
505 Airport Drive W
Sebastian, FL 32958
Email: LPlourdePcitvofsebastian.orq
Phone: 772-571-7920
The Contractor's designated representative is:
Ruben Zamarripa, CEO
Florasod LLC
5 S ELM St, Suite 104
Fellsmere, FL 32948
Email: Florasocillc(abamail.com
Phone: 321-693-2413
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SECTION 13 - LIQUIDATED DAMAGES
13.1 Upon failure of the Contractor to complete the project by the Completion Date, the
Contractor shall pay the City the sum of One Hundred Dollars ($100) for every calendar
day until the project reaches the Substantial Completion Date, as fixed and agreed
liquidated damages and not as a penalty to represent the damages the City will sustain
in the event of delay. The Parties agree and recognize the impossibility of precisely
ascertaining the number of damages the City will sustain if the Contractor fails to
achieve the Substantial Completion Date timely.
13.2 When the Contractor defaults on the Agreement or any material provision thereof or
fails to remedy any deficiency in performance, the City may procure the necessary
supplies or services from an alternative source and hold the contractor financially
responsible for any excess costs incurred. The difference between the bid price of the
product or service and the actual price paid may be deducted from any current or future
obligations owed to the contractor as liquidated damages.
SECTION 14: TERMINATION FOR CAUSE OR CONVENIENCE.
14.1 Notwithstanding any other provision of this agreement, the City shall have the right at
any time to terminate this agreement in its entirety, with or without cause, as outlined
herein.
14.2 WITH CAUSE: If the Contractor is found to have failed to perform services in a manner
satisfactory to the City, the Contractor shall have ten (10) days to correct deficiencies.
14.2.1 Failure of the Contractor to remedy said specified deficiencies within ten (10)
days of receipt of such notice shall result in the termination of the agreement,
and the City shall be relieved of any responsibilities and liabilities under the
terms and provisions of the contract.
14.3 WITHOUT CAUSE: The City shall have the right to terminate this agreement without
cause with thirty (30) days' written notice to the Contractor. Notice shall be served to
the parties as specified in the agreement.
14.4 Upon receipt of notice of termination, the Contractor shall promptly discontinue the
provision of all services unless the notice provides otherwise.
14.5 If this agreement is terminated, the City shall identify any specific purchase order(s)
being terminated and the specific purchase order(s) to be continued to completion
according to the provisions of this agreement.
14.6 This agreement will remain in full force and effect as to all authorized purchase order(s)
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to be completed as outlined above.
SECTION 15: PAYMENT IN THE EVENT OF TERMINATION
15.1 In the event this agreement or any purchase order is terminated or canceled before
completion without cause, payment for the unpaid portion of the satisfactorily,
undisputed services provided by the Contractor before the date of termination will be
paid.
SECTION 16: EQUAL OPPORTUNITY EMPLOYMENT
16.1 The Contractor shall not discriminate based on race, color, sex, age, national origin,
religion, and disability or handicap by the provisions of: Title VI of the Civil Rights Act of
1964 (42 U.S.C. § 2000 et seq.), Title VII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et
seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.), Title 41 CFR Part 60 for
compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title 49 CFR 26
for Disadvantaged Business Enterprises, Age Discrimination Act of 1975 (42 U.S.C. §
6101, et seq.), Title 49 CFR 21 and Title 49 CFR 23, Nondiscrimination based on handicap,
Title 49 CFR 27, Americans with Disabilities Act of 1990 (42 U.S.C.12102, et. seq.), Federal
Fair Labor Standards Act (29 U.S.C. § 201, et seq.), and any other federal and state
discrimination statutes. The contractor shall furnish pertinent information regarding its
employment policies and practices and those of their proposed subcontractors the City
may require. The above shall be required of any subcontractor hired by the Contractor.
All equal employment opportunity requirements shall be included in all non-exempt
subcontracts entered into by the Contractor. Subcontracts entered into by the
Contractor shall also include all other applicable labor provisions. No subcontract shall
be awarded to any noncomplying subcontractor. Additionally, the Contractor shall
insert in its subcontracts a clause requiring subcontractors to include these provisions
in any lower tier subcontracts that may be made. The Contractor shall comply with all
state laws and local ordinances.
SECTION 17: INDEMNIFICATION
17.1 The Contractor and any subcontractors shall indemnify, defend and hold harmless the
City, and its officers and employees, from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorneys' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or its
subcontractors and other persons employed or utilized by the Contractor or its
subcontractors in the performance of the contract; irrespective of the negligence of the
indemnitee or its officers, directors, agents, or employees. However, such
indemnification shall not include claims of, or damages resulting from, gross negligence
or willful, wanton, or intentional misconduct of the City or its officers, directors, agents,
or employees. Upon request of the City, the Contractor or its subcontractors shall, at no
cost or expense to the City, indemnify and hold the City harmless of any suit asserting a
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claim for any loss, damage, or liability specified above, and the Contractor or its
subcontractors shall pay any cost and reasonable attorneys' fees that may be incurred
by the City in connection with any such claim or suit or in enforcing the indemnity
granted above. Nothing in this agreement shall be construed as the City waiving its
sovereign immunity under Florida Statute §768.28 or any other sovereign or
governmental immunity, nor an admission of any liability. This provision shall survive
the termination of this agreement.
SECTION 18: INSURANCE
18.1 The Contractor shall obtain or possess and continuously maintain the following
insurance coverage from a company or companies with a Best Rating of A- or better,
authorized to do business in the State of Florida and a form acceptable to the City and
with only such terms and conditions as may be sufficient to the City:
18.1.1 Worker's Compensation: The Contractor shall provide and maintain Coverage
for all employees for statutory limits as required by the State of Florida's
Statutory Workers' Compensation Law and all applicable Federal laws. Any
policy must include the Employer's Liability with minimum limits of
$1,000,000 for each accident and a waiver of subrogation.
18.1.2 Comprehensive General Liabilitv: The Contractor shall provide minimum
combined single limits of $1,000,000.00 for each occurrence / $2,000,000.00
general aggregate for bodily injury and property damage liability. This shall
include premises/operations, personal & advertising injury, products &
completed operations, broad form property damage, personal and advertising
injury, and contractual liability coverage.
18.1.3 Comprehensive Automobile Liabilitv: The Contractor shall provide minimum
liability limits of $1,000,000.00 for each accident, combined with a single limit for
bodily injury and property damage. This shall include coverage for:
18.1.3.1
Owned Automobiles
18.1.3.2
Hired Automobiles
18.1.3.3
Non -Owned Automobiles
18.1.4 Umbrella/Excess Liabilitv: The Contractor shall provide umbrella/excess
coverage with limits of no less than $1,000,000.00 excess of Comprehensive
General Liability, Automobile Liability, and Employers' Liability. "This
coverage is optional if the CONTRACTOR carries $2,000,000 Commercial
General Liability Insurance with a $2,000,000 general aggregate"
18.1.5 All insurance other than Worker's Compensation to be maintained by the
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Contractor shall specifically include the City as an additional insured.
18.2 The Contractor shall provide certificates of insurance to the City, evidencing that all such
insurance is in effect before the issuance of the first purchase order under this
agreement from the City. These certificates of insurance shall become part of this
agreement. Neither approval by the City nor failure to disapprove the insurance
furnished by a Contractor shall relieve the Contractor of the Contractor's full
responsibility for performance of any obligation, including the Contractor's
indemnification of the City under this agreement. If, during the period which an
insurance company is providing the insurance coverage required by this agreement, an
insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with
Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and
Financial Size Category, the Contractor shall, as soon as the Contractor knows any such
circumstance, immediately notify the City and immediately replace the insurance
coverage provided by the insurance company with a different insurance company
meeting the requirements of this agreement. Until the Contractor has replaced the
unacceptable insurer with insurance acceptable to the City, the Contractor shall be
deemed to be in default of this agreement.
18.3 The insurance coverage shall contain a provision that requires that before any changes
in the coverage, except increases in aggregate coverage, thirty (30) days prior notice
will be given to the City by submission of a new certificate of insurance.
18.4 The Contractor shall furnish a certificate of insurance directly to the City's
procurement/contracts manager. The certificates shall indicate that the Contractor has
obtained insurance of the type, amount, and classification required by this agreement.
18.5 Nothing in this agreement or any action relating to this agreement shall be construed
as the City's waiver of sovereign immunity beyond the limits outlined in Section 768.28,
Florida Statutes.
18.6 The City shall not be obligated or liable under the terms of this agreement to any party
other than the Contractor. There are no third -party beneficiaries to this agreement.
18.7 The Contractor is an independent Contractor and not an agent, representative, or
employee of the City. The City shall have no liability except as specifically provided in
this agreement.
18.8 All insurance shall be primary to, and not contribute to, any insurance or self-insurance
maintained by the City.
SECTION 19: STANDARDS OF CONDUCT
19.1 The Contractor shall promptly notify the City in writing of the filing of any voluntary or
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involuntary petition for bankruptcy and/or any insolvency of the Design -Builder or any
of its subcontractors involved in the provision of the Services under this Agreement.
19.2 The Contractor hereby certifies that no undisclosed (in writing) conflict of interest exists
concerning the agreement, including, but not limited to, any conflicts that may be due
to the representation of other clients, customers, or vendees, other contractual
relationships of the Contractor, or any interest in property that the Contractor may have.
The Contractor further certifies that any conflict of interest arising during this
agreement's term shall be immediately disclosed in writing to the City. Violation of this
Section shall be considered as justification for immediate termination of this
agreement.
19.3 If the City determines that any employee or representative of the Contractor is not
satisfactorily performing his/her assigned duties or is demonstrating improper conduct
under any assignment or work performed under this agreement, the City shall notify
the Contractor in writing. The Contractor shall immediately remove such employee or
representative of the Contractor from such assignment.
19.4 The Contractor shall not publish any documents or release information regarding this
agreement to the media without prior approval of the City.
19.5 The Contractor shall certify, upon request by the City, that the Contractor maintains a
drug -free workplace policy following Section 287.0878, Florida Statutes. Failure to
submit this certification may result in termination of this agreement.
19.6 If the Contractor or an affiliate is placed on the convicted vendor list following a
conviction for a public entity crime, such action will result in termination of this
agreement by the City. Under a contract with any public entity, the contractor, supplier,
or subcontractor may not transact business with any public entity above the threshold
amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for 36 months after
being placed on the convicted vendor list.
19.7 Contractor certifies to the best of their knowledge and belief, that they and their
principals (1) are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any municipal, City,
state or federal department or agency; (2) have not, within a three year period
preceding execution of this agreement, been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state or local)
transaction or contract under a public transaction; violation of federal or state antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records; making false statements; or receiving stolen property; (3) are not
presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal, state or local) with commission of any of the offenses enumerated above; (4)
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have not within a three year period preceding execution of this Agreement had one or
more public transactions (Federal, State, or local) terminated for cause or default; and
(5) will advise the City immediately if their status changes and will explain the change
in status.
19.8 The City reserves the right to unilaterally terminate this agreement if the Contractor
refuses to allow public access to all documents, papers, letters, or other materials
subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and
made or received by the Contractor in conjunction, in any way, with this agreement.
19.9 The Contractor shall comply with the requirements of the Americans with Disabilities Act
(ADA), and all related federal or state laws which prohibit discrimination by public and
private entities based on disability.
19.10 The City will not intentionally award publicly -funded contracts to any Contractor who
knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the
Immigration and Nationally Act (INA). The City shall consider the employment by the
Contractor of unauthorized aliens, a violation of Section 274A(e) of the INA. Such
violation by the Contractor of the employment provisions contained in Section 274A(e)
of the INA shall be grounds for immediate termination of this agreement by the City.
19.11 The Contractor agrees to comply with federal, state, and local environmental, health,
and safety laws and regulations applicable to the goods and/or services provided to the
City. The Contractor agrees that any program or initiative involving the work that could
adversely affect any personnel involved, citizens, residents, users, neighbors, or the
surrounding environment will ensure compliance with all employment safety,
environmental, and health laws.
19.12 The Contractor shall ensure that all goods and/or services are provided to the City after
the Contractor has obtained any permits, licenses, permissions, approvals, or similar
consents at its sole and exclusive expense.
19.13 If applicable, per Section 216.347, Florida Statutes, the Contractor shall not use funds
provided by this agreement to lobby the Legislature, the judicial branch, or state
agency. Furthermore, Contractor shall not, in connection with the contract, directly or
indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as
consideration for any City officer or employee's decision, opinion, recommendation,
vote, other exercise of discretion, or violation of a known legal duty; or (2) offer, give, or
agree to give to anyone any gratuity for the benefit of, or at the direction or request of,
any City officer or employee. "Gratuity" means any payment of more than nominal
monetary value in cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions,
advances, money deposits, services, employment, or contracts.
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19.14 The Contractor shall advise the City in writing who has been placed on a discriminatory
vendor list, may not submit a bid on a contract to provide goods or services to a public
entity, or may not transact business with any public entity.
19.15 The Contractor shall not engage in any action that would create a conflict of interest in
the performance of that actions of any City employee or other person during the
performance of, or otherwise related to, this agreement or which would violate or cause
others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics
in government.
SECTION 20: PUBLIC RECORDS
20.1 The 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, the 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. Upon
completion of the Agreement, the 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 the City to perform the service. The 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 term of the
Agreement and following completion of the Agreement if the Contractor does not
transfer the records to the City. If the Contractor keeps and maintains public records
upon completion of the Agreement, the 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 the
Contractor does not comply with the City's request for public records, the City shall
enforce the provisions of the Agreement per the terms of the Agreement and may
terminate the Agreement.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT
1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL:
iwilliams@CiWofsebastian.ora; PHONE: 772-388-8215.
SECTION 21: CODES AND DESIGN STANDARDS
21.1 All services to be performed by the Contractor shall, at a minimum, be in conformance
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with commonly accepted industry and professional codes and standards, standards of
the City, and the laws of any federal, state, and local regulatory agencies.
21.2 The Contractor shall be responsible for keeping apprised of any changing laws
applicable to the goods and/or services to be performed under this agreement.
SECTION 22: ASSIGNABILITY
22.1 The Contractor shall not sublet, assign, or transfer any interest in this agreement or
claims for the money due or to become due out of this agreement to a bank, trust
company, or other financial institution without written City approval. When approved
by the City, written notice of such assignment or transfer shall be furnished promptly to
the City.
22.2 The Contractor agrees to reasonably participate in the contract "piggybacking"
programs pertinent to local governments.
SECTION 23: SUBCONTRACTORS
23.1 Any Contractor's proposed subcontractors shall be submitted to the City for written
approval before the Contractor enters a subcontract. Subcontractor information shall
include, but not be limited to, state registrations, business address, occupational license
tax proof of payment, and insurance certifications.
23.2 The Contractor shall coordinate the provision of goods and/or services and work
product of any City approved subcontractors and remain fully responsible for such
goods and/or services and work under the terms of this agreement.
23.3 Any subcontract shall be in writing and shall incorporate this agreement and require
the subcontractor to assume the performance of the Contractor's duties
commensurately with the Contractor's responsibilities to the City under this agreement;
it is understood that nothing herein shall in any way relieve the Contractor from any of
its duties under this agreement. The Contractor shall provide the City with executed
copies of all subcontracts.
23.4 The Contractor shall reasonably cooperate with the City and other City Contractors and
professionals.
SECTION 24: CONTROLLING LAWS/VENUE/INTERPRETATION/WAIVER OF JURY TRIAL
24.1 The laws of the State of Florida shall govern the agreement. In the event of litigation
arising under this agreement, the venue of such action shall be an appropriate State or
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Federal Courtin and for Indian River County, Florida. The parties agree that in the event
of litigation arising from this agreement, each shall waive any right to trial by jury.
24.2 This agreement is the result of bona fide arms -length negotiations between the City and
the Contractor, and all parties have contributed substantially and materially to the
preparation of the agreement. Accordingly, this agreement shall not be construed or
interpreted more strictly against any one party than against any other party.
SECTION 25: FORCE MAJEURE
25.1 Neither party shall be considered in default in the performance of its obligations
hereunder to the extent that the performance of such obligations, or any of them, is
delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited
to, hostility, terrorism, revolution, civil commotion, strike, epidemic, pandemic, fire,
flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or
other act of government, or any act of God or any cause whether of the same or different
nature, existing or future; provided that the cause whether or not enumerated in this
Section is beyond the control and without the fault or negligence of the party seeking
relief under this Section.
SECTION 26: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT.
26.1 This agreement and the exhibit(s) constitute the entire integrated agreement between
the City and the Contractor and supersedes all prior written or oral understandings in
connection therewith. This agreement and all the terms and provisions contained
herein, including without limitation the exhibits hereto, constitute the full and
complete agreement between the parties hereto to the date hereof and supersedes and
controls over any prior agreements, understandings, representations, correspondence,
and statements whether written or oral.
26.2 This agreement may only be amended, supplemented, or modified by a formal written
amendment.
26.3 Any alterations, amendments, deletions, or waivers of the provisions of this agreement
shall be valid only when expressed in writing and duly signed by the parties.
SECTION 27: NOTICES
27.1 Whenever either party desires to give notice unto the other, it must be given by written
notice, sent by email and/or registered United States mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last specified.
The place for giving notice shall remain such until it shall have been changed by written
notice in compliance with the provisions of this Section.
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27.2 For the present, the parties designate the following as the representative places for
giving of notice, to wit:
TO THE CITY:
City Manager
Procurement/Contracts Manager
City of Sebastian
City of Sebastian
1225 Main Street
1225 Main Street
Sebastian, FL 32958
Sebastian, FL 32958
P: 772-388-8231
E: iessaraham@citvofsebastian.orci
TO THE CONTRACTOR:
Ruben Zamarripa, CEO
Florasod LLC
5 S ELM St, Suite 104
Fellsmere, FL 32948
P: 321-693-2413
E: Florasodllc@amail.com
27.3 Written notice requirements of this agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies hereunder.
The Contractor agrees not to claim any waiver by the City of such notice requirements
based upon the City having actual knowledge, implied, verbal or constructive notice,
lack of prejudice, or any other grounds as a substitute for the failure of the Contractor
to comply with the express written notice requirements herein. Computer notification
(e-mails and message boards) shall not constitute proper written notice undertheterms
of the agreement.
SECTION 28: WAIVER
28.1 The failure of the City to insist in any instance upon the strict performance of any
provision of this agreement or to exercise any right or privilege granted to the City
hereunder shall not constitute or be construed as a waiver of any such provision or right
and the same shall continue in force.
SECTION 29: NO GENERAL CITY OBLIGATION
29.1 In no event shall any obligation of the City under this agreement be or constitute a
general obligation or indebtedness of the City, a pledge of the ad valorem taxing power
of the City, or a general obligation or indebtedness of the City within the meaning of
the Constitution of the State of Florida or any other applicable laws, but shall be payable
solely from legally available revenues and funds.
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29.2 The Contractor shall not have the right to compel the exercise of the ad valorem taxing
power of the City.
SECTION 30: EXHIBITS
30.1 Each exhibit referred to and attached to this agreement is an essential part of this
agreement. The exhibits and any amendments or revisions thereto, even if not
physically attached hereto, shall be treated as if they are part of this agreement.
SECTION 31: SEVERABILITY/CONSTRUCTION
31.1 If any term, provision, or condition contained in this agreement shall, to any extent, be
held invalid or unenforceable, the remainder of this agreement, or the application of
such term, provision, or condition to persons or circumstances other than those in
respect of which it is invalid or unenforceable, shall not be affected thereby, and each
term, provision, and condition of this agreement shall be valid and enforceable to the
fullest extent permitted by law when consistent with equity and the public interest.
31.2 All provisions of this agreement shall be read and applied in para materia with all other
provisions hereof.
SECTION 32: SURVIVAL
32.1 All express representations, waivers, indemnifications, and limitations of liability
included in this agreement shall survive completion or termination of the agreement
for any reason.
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IN WITNESS WHEREOF, the parties hereto have made and executed this agreement on
the respective dates under each signature: the City through its City Council taking action on
the 5th day of May , 2025, and the Contractor signing by and
through its duly authorized corporate officer having the complete authority to execute same.
ATTEST:
FSigned by:
�a �avy'ipa
Witness��V�rvc�
ATTEST:
DocuSigned by:
SC241CD461 D44
Jeanette Wi fiams, MMC
City Clerk
For the use and reliance of the City of
Sebastian only. Approved as to form
and legal sufficiency.
DocuSigned by:
Jennifer D. Cockcroft, Esq.
City Attorney
Florasod LLC
B:
DocuSigned by:
Kutit-�, �aarnpa
resc:6c;aaauursr4ru _
Ruben Zamarripa
Date: 5/2/2025 1 2:11:25 PM EDT
CITY OF SEBASTIAN, FL
B:
DocuSigned by: 1
Brian Benton, City Manager
Date: 5/6/2025 1 9:21:07 AM EDT
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Exhibit "A"
Scope of Services
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1.1 SCOPE OF WORK
1.1.1 The City of Sebastian is requesting bids from qualified contractors for the
purchase of sod and live turf. The City requires both a delivered and a picked -
up price, as well as pricing for installation if needed. Orders will be placed as
needed.
1.1.2 Pallets of sod shall be received by the City in the exact quantities listed on the
Contractor's Bid Form. Example: 400 square feet/pallet, 500 square feet/pallet,
and so on. The City may allow a +/- 5% variance. The City will deduct the price
per square foot on pallets found in dispute. All Discrepancies Shall be found in
the favor of the City.
1.1.3 Sod materials and installation shall conform to the Florida Department of
Transportation (FDOT) Standard Specifications for Road and Bridge
Construction, latest edition, Sections 570, 981, 982, and 983.
1.1.4 The City shall not allow any pallet charges from the contractor(s).
1.1.5 There shall be no minimum order restrictions placed on the City by the
contractor for any items awarded for City staff pick up.
1.1.6 Additions and Deletions of Materials:
A. Addition: Although this solicitation identifies specific materials to be
purchased, it is hereby agreed and understood the City may, at its sole
option, add new materials to the contract. Should the City determine that
additional materials need to be added to the contract; the City shall
obtain price quotes from all successful Contractor(s) or obtain the
additional materials through a separate solicitation.
B. Deletion: Materials may be deleted when such items are no longer
required during the contract period; upon written notice to the
Contractor(s)
1.2 SOD DELIVERED AND INSTALLED
1.2.1 The minimum square footage for delivery and installation is 2,400.
1.2.2 The Contractor must include within the bid prices the cost of the sod, the cost of
labor, equipment, material, transportation, delivery, loading and unloading,
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profit, and overhead for all sod installed at the locations designated by the City.
The City will excavate and remove to bare ground all existing vegetation from
the area that will have the sod installed.
1.2.3 The Contractor must provide Maintenance of Traffic (MOT) when work occurs in
the Right of Way. All MOT activities shall conform to the latest edition of the
Florida Department of Transportation (FDOT) Design Standard 600. Signs and
barricades must be posted according to FDOT Manual of Safe Practices;
reference FDOT Indexes 600 through 650 when installing sod along roadways
and medians.
1.2.4 The Contractor must confirm receipt of work order within twenty-four (24)
hours. Requesting department will specify job location, estimated quantity and
estimated start date.
1.2.5 The Contractor must notify the requesting department twenty-four (24) hours
prior to commencing work.
1.2.6 The Contractor must not commence any installation work until receipt of an
email or Notice to Proceed issued by the requesting department. Delivery of sod
and commencement of installation must begin within three (3) business days of
the email or Notice to Proceed unless otherwise agreed upon by the City.
1.2.7 The Contractor must notify the requesting department within twenty-four (24)
hours if they are unable to fill the work order in its entirety (within the timeframe
required by the contract documents). Failure of the Contractor to notify the
requesting department may result in Termination for Default as stated in
Paragraph 4.20.
1.2.8 All NETTING shall be removed before installation.
1.2.9 Watering:
A. When watering is needed after the sod has been delivered and installed,
the Contractor will be responsible for bringing a water buffalo or other
means to water the sod for up to 30 days.
B. For Bermuda, watering will be performed with on -site irrigation systems.
C. For Bahia and Floratam, the City will provide the contractor access to a
fire hydrant to fill the contractor's watering mechanism.
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1.3 PALLETIZED SOD AND PIECES PICKED UP
1.3.1 Bid prices shall be F.O.B. Contractor's stated location.
1.3.2 The Contractor shall confirm receipt of the work order within twenty-four (24)
hours and provide a date and time for pickup.
1.3.3 Sod must be available to the City for pickup within forty-eight (48) hours after
the confirmation of the work order unless otherwise requested by the
department.
1.3.4 The Contractor must notify the requesting department within twenty-four (24)
hours if they are unable to complete the work order in its entirety (within the
timeframe required by the contract documents). Failure to notify the requesting
department may result in Termination for Default, as stated in Paragraph 4.20.
1.3.5 The contractor must supply a copy of the delivery ticket to receiving personnel
at the time of pickup. The delivery ticket must include the date of pickup, type
of sod and quantity of sod received. The delivery ticket must signed by the
receiver (City employee) and a copy of the ticket must be given to the City's
employee.
1.3.6 The City requests pick-up availability, at minimum, Monday through Friday from
7:30 a.m. to 11:30 a.m.
1.3.7 The Contractor is responsible for loading sod at the Contractor's location.
1.3.8 The Contractor's site must be within a thirty (30) mile radius of 1225 Main Street,
Sebastian, FL 32958
1.3.9 The City will return pallets to the Contractor, and they should be provided at no
cost to the City.
1.4 SOD PLACEMENT REQUIREMENTS
1.4.1 Sod must be placed on the prepared surface, with edges in close contact, and
shall be firmly and smoothly embedded by tamping or rolling with the
appropriate tools.
1.4.2 Any pieces of sod which, after placing, show an appearance of extreme duress
shall be removed and replaced with fresh sod meeting the specifications of this
contract.
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1.4.3 When sod is placed in drainage ditches, the setting of the pieces of sod shall be
staggered such as to avoid a continuous seam along the direction of water flow.
Along the edges of such staggered areas, the offsets of individual strips shall not
exceed six inches (6"). The outer edges of the sod shall be tamped so as to
produce a feathered effect to reduce erosion.
1.4.4 Sod will be laid and measured in place by the square footage of sod placed as a
basis of payment.
1.4.5 The Contractor must maintain ownership of all pallets used and remove them
from the site the same day they are emptied. The site will be clean and free of
any trash or debris upon completion of the project.
1.4.6 The Contractor must be responsible for any and all damages to properties
adjacent to or surrounding the jobsite, which are caused by the Contractor and
will repair any damaged areas at the Vendor/Contractor's expense.
1.4.7 Any damage done to the Right -of -Way is the sole responsibility of the
Vendor/Contractor to repair at no extra cost to the department.
1.5 LIVE TURF
1.5.1 Separate Quotes will be requested from the awarded contractor(s) on an as -
needed basis for Certified Bermuda 419 Sports Turf and Celebration Bermuda to
be picked up or delivered.
1.5.2 TIFTUF Bermudagrass is an acceptable substitution.
1.6 INSPECTION
1.6.1 The Contractor must notify the requesting department upon completion of the
workto allow fortimely inspections for compliance with the requirements of this
specification and as a condition of payment.
1.6.2 The Contractor must submit completion photos to the requesting department.
1.7 DEFICIENCIES
1.7.1 Sod installed that is dead, uneven, gapped, or poorly installed by City's standards
shall be reinstalled at no extra cost to the City.
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1.7.2 Failure to perform the installation within seventy-two (72) hours of receipt of the
work order will result in a reduction often percent (10%) per day from the total
invoice amount.
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Exhibit "B"
Price Proposal
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