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SEBASTLAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: January 13, 2021
Title & Recommendation: Award Invitation to Bid (ITS) #21-03 Nuisance Abatement Mowing Services
to CONLON LANDSCAPING, INC.; MICCO LAND SERVICES, LLC.;
MOBLEY II ENTERPRISES LLC, for a two (2) year contract term, with
renewal options for one (1) — one (1) year term.
ZPoLIcE
Backaround: The Procurement Division, on behalf of the
Department, recommends that Council AWARD ITS #21-03 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. The resulting agreement will be used to assign work on an as -needed
basis.
This ITS was advertised via local newspaper and released on November 23, 2020 via the City's website;
DemandStar.com and myVendorLink.com. 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 ITS replaces a contract for these services awarded in 2016. The
recommended Bidders currently provide these services to the City.
If Agenda Item Rellres E�mendlture of Funds:
But Amount: $10,000
Total Cost: amount determined by assigned work in accordance with Bidders Bid Form
Funds to Be Utilized for Appropriation: General Fund Contract Mowing Services Account
Attachments:
1. Bid Tabulation ITS 21-03
2. Bid Fonns submitted by Recommended Bidders (Exhibit'A"of Agreement)
3. Proposed Agreement with Specifications
Administrative Services Departure Revi . 1
City Attorney Review: 0
Procurement Division Review, if applicable:
City Manager Authorization:
Date: 22/
DocuSign Envelope ID: B62E347B-7EDA-4C71-B835-87BE987D738E
NUISANCE ABATEMENT MOWING SERVICES AGREEMENT
ITS #21.03: 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
Mobley II Enterprise LLC (Contractor).
2. Designated Contact Person as to CCU:
Greg Witt (PROJECT MANAGER)
Deputy Chief, Police Department
1201 Main Street
Sebastian, Flonda 32958
Phone: 772-589-8516
Email: gwitt@cityofsebastian.org
3. Designated Contact Person as to Contractor:
Henry D. Mobley, Jr.
President/Owner
815 Brevard Ave
Cocoa, FL 32922
Phone: 321-795-9432
E=ail: hmobley2@gmall.com
4. Agreement Document. In resolving conflicts, errors, discrepancies, and disputes concerning the
scope of services or other rights or obligations of the parties, precedence shall be given in the
following order (1) a fully executed Amendment to this Agreement, (2) provisions of this Agreement,
(3) provisions of the Invitation to Bid, (4) provisions of Contractors 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. Exhibit'B"— Contractor's Bid Submissions
3. Exhibit "C" — ITS #21-03 Solicitation Documents, including any addenda, plans and specifications
S. 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 City's
Code of Ordinance (Sec. 86-49) and In accordance of Section 162.08 (5), Florida Statute (pages 28-
31). Contractor shall furnish all labor, materials, tools, equipment and supervision to successfully
complete services. Refer to Exhibd'C" for complete specifications for assigned work.
6. Term. The contract ten 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 / MOBLEY II ENTERPRISE LLC
ITB #21-03 Nuisance Abatement Mowing Services Page 1 of 10
DocuSign Envelape ID: 862E347B-7EDA4C71-8835-87BE987D736E
8. COVID-19 Disclaimer. Due to the public health and safety cencems relating to the COVID-19 Virus,
the Stakeholder may, in their sole discretion, unilaterally alter the Tenn or other terms of the
Agreements) or purchase orders) to ensure the safety and welfare of the Stakeholders residents
and employees. No prior written notice shall be necessary to modify the Tenn pursuant to this
paragraph. Unless otherwise explicitly stated, all other provisions of the Agreement or Purchase
Order shall be binding upon the parties.
9. Notices. All notices between City and Contractor, as required under the Agreement, shall be by
telephone, facsimile, e-mail, mail, or by personal delivery to the respective designated contact person
Identified above. Either designated recipient may notify the other, in writing, if someone else is
designated to receive notice.
10. Modification of Agreement. The Agreement may only be modified or amended upon mutual written
agreement of City and Contractor. No oral agreements or representations shall be valid or binding
upon City or Contractor. No alteration or modification of the Agreement terms, including substitution
of product, shall be valid or binding against City. Contractor may not unilaterally modify the terms of
the Agreement by affixing additional terms by incorporating such terms onto Contractors documents
forwarded by Contractor to City for payment. City's acceptance of product or processing of
documentation on forms fumished by Contractor to City for approval or payment shall not constitute
acceptance of the proposed modification to terms and conditions.
11. Services Provided by Contractor. The Services to be provided by Contractor are summarized in
Exhibit "C', attached to this Agreement. If City identifies any additional Services to be provided by
Contractor that are not covered under the original Agreement, such additional services shall be made
a part of this Agreement by a written Amendment.
12. City's Project Manager. City shall designate a Project Manager. All work done by the Contractor
shall be subject to the review, Inspection and acceptance of the Project Manager and the City. Any
and all technical questions which may arise as to the quality, completeness and acceptability of work
performed, or work to be performed, interpretation of plans/specifications and all technical questions
as to the acceptable fulfillment of the Agreement on the part of the Contractor, shall be referred to the
City Manager who will resolve such questions. All work shall be subject at all times to inspection and
review by the Project Manager and the 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.
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City of Sebastian, Florida / MOBLEY II ENTERPRISE LLC
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14. Insurance. During the term of the Agreement, Contractor, at its sole expense, shall provide Insurance
of such a type and with such terms and limits as noted below. Providing and maintaining adequate
insurance coverage is a material obligation of Contractor. Contractor shall provide City a certificate(s)
of insurance, evidencing such coverage. It is the Contractors responsibility to ensure that the City
has current Certificate(s) of Insurance at all times during the duration of the agreement, including
renewal terms.
14.1 Minimum Insurance Requirements. The coverages, limits or endorsements required herein protect
the primary interests of City, and these coverage's, limits or endorsements shall in noway be required
to be relied upon when assessing the extent or determining appropriate types and limits of coverage to
protect Contractor against any loss exposures, whether as a result of the Project or otherwise. The
requirements contained herein, as well as Citys review or acknowledgement, is not intended to and
shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this
Agreement
Comprehensive Liability Not less than $1.000,000 Combined Single Limit per each occurrence.
Automobile Liability Not less than $500,000 Combined Single Limit
In accordance with Florida Statutes 440, maintain worker's
Worker's Compensation compensation insurance to the extent required by law for all their
employees to be engaged in work under this Agreement.
14.2 Other Insurance Provisions:
14_2.1 City of Sebastian, its council members, officers, employees and agents are to be covered
as an Additional Named Insured on all policies except Workers Compensation. The
coverage shall contain no special limitation on the scope of protection afforded to the City,
its council members, officers, employees and agents. Contractor shall provide a Certificate
of Insurance to City with a thirty (30) day notice of cancellation and/or changes in policy
language, and ten (10) day notice if cancellation is for nonpayment of premium. The
certificate shall indicate if coverage is provided under a "claims made" or "occurrence"
form.
14_2.2 Contractor has sole responsibility for all insurance premiums and shall be fully and solely
responsible for any costs or expenses as a result of a coverage deductible, co-insurance
penalty, or self -insured retention; including any loss not covered because of the operation of
such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or
limitation. For deductible or self -insured amounts that exceed $10,000, Contractor shall
maintain a Commercial Surety Bond or Letter of Credit in an amount equal to said
deductible or self -insured retention.
142.3 Contractors 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 Contractors insurance and
shall be non-contributory.
142A For all policies of insurance: Contractor and its insurance carder waive all subrogation
rights against City for all losses or damages that occur during the agreement and for any
events occurring during the agreement period, whether the suit is brought during the
agreement period or not. The City requires General Liability policies to be endorsed with
CG 24 04 Waiver of Transfer of Rights of Recovery Against Others to Us or similar
endorsement, and a WC 00 0313 Waiver of Our Right to Recover from Others for Workers
Compensation coverage.
City of Sebastian, Florida / MOBLEY II ENTERPRISE LLC
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15. Change Orders. City may at any time, as the need arises, order changes within the scope of the
services without invalidating the Agreement. If such changes result in an increase or decrease in the Bid
Pnce(s), or in the time required for performance of the Services, an equitable adjustment shall be
authorized by way of a Change Order.
16. Indemnification. The Contractor shall indemnify and hold the City harmless from any and all
personal injury or property damage claims, liabilities, losses or causes of action which may arse out
of the use and occupancy of the property by the Contractor, its family, associates, Contractors,
agents, employees, customers and attendees. Nothing in this agreement shall be construed as the
City waiving its immunity pursuant to §768.28, at seq., Florida Statutes, or any other sovereign or
governmental immunity. The selected Proposer shall pay all claims and losses in connection
therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the
name of the City, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorneys fees which may be incurred thereon. The selected Proposer expressly
understands and agrees that any insurance protection required by this agreement or otherwise
provided by the selected Proposer shall in no way limit the responsibility to indemnify, keep and save
harmless, and defend the City or its officers, employees, agents, and instrumentalities as herein
provided.
17. Termination of Agreement. Either party may terminate this Agreement by giving the other party
thirty (30) days written notice. If either parry defaults in the performance of this Agreement or
materially breaches any of its provisions, the non -defaulting party may, at its option, terminate this
Agreement by giving written notification thereof to the defaulting party. In the event of termination,
City will be responsible for compensating Contractor only for those Services satisfactorily completed
or partially completed up to the date of termination. Contractor shall not be entitled to compensation
for loss of anticipated profit.
18. Licenses and Certifications. Contractor, or its sub-Contractor(s), shall possess and maintain during
the term of this Agreement any and all licenses required to perform the Services covered under this
Agreement, as stipulated by the State of Florida and The City of Sebastian.
19, Public Records: Contractor will keep and maintain public records required by the City to perform the
service. Upon request from the City's custodian of public records, Contractor will provide the City with
a copy of the requested records or allow the records to be inspected or copied within a reasonable
time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as
otherwise provided by law. Contractor will ensure that the public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the term of the Agreement and following completion of the
Agreement if Contractor does not transfer the records to the City. Upon completion of the
Agreement, Contractor will transfer, at no cost, to the City all public records in possession of the
Contractor or keep and maintain public records required by City to perform the service. If Contractor
transfers all public records to City upon completion of the Agreement, Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If Contractor keeps and maintains public records upon completion of the Agreement,
Contractor shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's custodian of public records,
in a format that is compatible with the information technology system of the City. If Contractor does
not comply with the City's request for public records, the City shall enforce the provisions of the
Agreement in accordance with the terms of the Agreement and may cancel the Agreement.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF
PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL:
jwilliams@cityofsebastian.org; PHONE: 772-388-8215.
City of Sebastian, Florida I MOBLEY II ENTERPRISE LLC
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DocuSign Envelope ID: 862E347B-7EDA-4C71-BB35-87BE987D736E
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 requestfinvoice is recorded as received by City, for Services
completed to the satisfaction of City.
20.2 Form of Request. If the payment request is not received in proper order, City may reject the
payment request within ten (10) business days after the date on which the payment request is
recorded as received by City. City shall provide Contractor with a written notification of the
rejection specifying the deficiency and corrective measures necessary to make the payment
request proper. Upon receipt of a payment request that corrects the deficiency, City shall make
payment in accordance with Chapter 218, Part VII of the Florida Statutes 'Local Government
Prompt Payment Act", or reject the payment request, within ten (10) business days after the date
on which the corrected and proper payment request is recorded as received by City.
20.3 Resolution of Payment Request Disputes. In the event of a dispute between Contractor and
City concerning the full or partial payment of a payment request, such disagreement shall be
finally determined by City. If the dispute between Contractor and City involves a portion of a
payment request, the undisputed portion shall be paid by City in a timely manner, as long as the
payment request for the undisputed portion is in proper order. Proceedings to resolve the
dispute will be commenced within forty-five (45) business days after the date the payment
request in dispute was recorded as being received by City. The proceedings may include
meetings between the parties, telephone conferences or such other measures to clarify the
dispute and attempt to resolve the problem; they will be concluded by a final written decision by
City within sixty (60) business days after the date on which the payment request was recorded
as being received by City. Such procedures do not constitute an administrative proceeding that
prohibits a court from deciding de novo any action arising out of the dispute.
20.4 Payments to Subcontractors. When Contractor receives from City any payment for Services
covered under the Agreement, Contractor must pay such moneys received to each
subcontractor or supplier in proportion to the percentage of the Services completed by each
subcontractor or supplier within ten (10) business days after 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 rate basis to its subcontractors and suppliers, each receiving a
prorated portion based on the amount due on the payment. If a subcontractor receives payment
from Contractor for labor, services or materials furnished by subcontractors or suppliers hired by
the subcontractor, the subcontractor must remit payment due to those subcontractors or
suppliers within seven (7) business days after the subcontractors receipt of payment from
Contractor.
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DocuSign Envelope ID. B62EU7B-7E0AiC7I-B83"7BE987D736E
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 redone Services, for a period of
one (1) year after acceptance of such by City.
21.3 Warranty of Standard Care. In the performance of professional services, Contractor will use
that degree of care and skill ordinarily exercised by other similar professionals in the field under
similar conditions in similar localities. Contractor will use due care in performing its Services and
will have due regard for acceptable professional standards and principles. Contractors standard
of care shall not be altered by the application, interpretation, or construction of any other
provision of this Agreement. If any of the Services performed by Contractor do not comply with
the foregoing warranties and City notifies Contractor of such, then Contractor shall (at its sole
expense) promptly re -execute the nonconforming Services. All such re -performed Services shall
be performed on a mutually agreed schedule. Contractor shall and does hereby assign to City
the benefits of any of Contractor's sub consultant's or subcontractor's warranties. Such
assignment shall not relieve Contractor of its warranty obligations for performance or standard of
care to City under this Agreement.
21.4 Warranty of Title. Title to any work product 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):
22A Assignment, Neither City nor Contractor shall call, assign or transfer any of its rights, dull" or obligations under the
Agreement without the prior mri n consent of the other Party. In the event of any assignment. Contractor remains
secondarily liable for performance of the Agreement, unless City expressly waives such secondary Ieabllity.
22.2 Bankruptcy or Insolvency. Contractor shag promptly notify City in writing of the filing of any voluntary or involuntary
pattern for bankruptcy andlor of any insolvency, of Contractor or any of Its subcantracros who are Involved In the
provision of the Services under Ihis Agreement.
22.3 Compliance with Laws. Contractor shall comply with all laws, miss, codes, ordinances, and licensing requirements Nat
are applicable to the conduct of its business, including those of Local, State and Federal agendas having Jurisdiction and
authority. These laws, shall include, but not b r limited to, Chapter 287 of the Florida Statudes, the Uniform Commercial
Code, the Immigration and Nationalization Act, the Americans with Disabilities Ad, the United Slats Occupational
Safety and Nealth Ad, the United Stites Environmental Protection Agency, the State of Florida Department of
Environmental Protection, and all prohibitions against discrimination an the basis of race, religion, sex, creed, natural
origin, handicap. marital status, sexual orientation, gender identity or expression or veleran's status. Violation of such
laws shall be grounds for termination of the Agreement.
2 A Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner of degree with the performance of the Services covered under this Agreement. FuMermore,
Contactor warrants that it has not employed or retained any company or person, other Nan a bona fide employee
working solely or Contactor te solicit or secure this Agreement and Nat it has not peed or agreed to pay any person,
company, corporation, individual, or fire, other than a bona fide employee working solely for Contractor any fee,
commission, percentage, gift or other consideration contingent upon or resulting Ian Me award or making of Nis
Agreement. Contractor, and its subcontractors at any tier, car* Nat May have not entered into any agreement, sub -
agreement. or arrangement In connedion with the Pmjecl covered under this Agreement. or of any property included or
planned to be Included in the Project. in which any member. officer. of employee of Contactor or its subcanirectors,
during His tenure, or for two years thereafter, has any interest, direct or Indirect
City of Sebastian, Florida / MOBLEY II ENTERPRISE LLC
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22S Correctlon of Services. Contractor shall promptly remove Marine premises all Services rejected by Citytor falure to comply
with the Agreement, whether in,omoraled into the Project or not and Contractor shall prompdy replace and re,execom the
Services In accordance with the Agreement, without additional expense to City, and shall bear the expense of making Wad all
Services of other Contactors work destroyed or damaged by such removal or replacement. All removal and replacement of
Services shall be done at Contractors expense. If Contractor does not take action W remove such rejected Services within
ten (10) calendar days after receipt of sadden force from City. Gty may remove surd Services on their own and store the
materials at the expense of Contactor.
US City Funds. If sufficient funding Is not available for Contractor to complete me Services, City reserves the right to modify
the terms and conditions of the Agreement to change the Scope of Services to reduce the cost to match any available
Funding. If such modifications to the Scapa of Services are not feasible, or if funding has been totally exhausted prior W
Contractors completion of Its Services, the Agreement shall be terminated on terms reasonably acceptable to both
parties. Additionally. in accordance with Section 216.347. Florida Sdtutos, and as provided herein, Contractor may not
expend any City funds for the purpose of lobbying the legislature, or local, state or federal agencies.
22.7 Debarment Contractor ceNfies to the best of their knowledge and belief, that they and their principals 1) are not
presently debased, suspended, proposed for debarment declared ineligible, or voluntarily excludetl from covered
transactions by any Municipal, City, Slate or Federal department or agency, 2) have not, within a three year period
preceding execution of this Agreement, been convicted of or had a civil judgment rendered against them for commission
of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or agreement under a pudic transaction; violation of Federal or State antitrust statutes or conmissinn
of embealemenl, theft forgery. bribery, falsification or destruction or records; making few 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 ogenses enumealed above, 4) have not within a three-year
period preceding execution of this Agreement had one or more public transactions (Federal, State or local) terminated for
cause or default. and 5) will advise City Immediately If their status changes and will provide an eoylanaron for me
change in status.
22.6 Discriminatory Vendor. Contractor «entries that they are not subject to Section 287.134 (2)(a) which specifies mat an
entity or affiliate who has been placed on the discriminatory vendor tin may not submit a bidlbid on an agreement to
provide any goods or services to a pubic entity, may not submit a Bid/Bid on an agreement with a public entiy for the
construction or repair of a public budding or public work, may not be awarded or perform work as a Contractor, supplier,
sub -Contractor, or consultant under an agreement with any pubic entity, and may not transact business with public
entity.
22.9 Dispute Resolution. For any dispute concerning performance of me Agreement, which includes without limiladon
controversies based upon breach of agreement, mistake, misrepresentation, or other cause for agreement modification
or rescission, City shall attempt to reach a mutual agreement as to me settlement and resolution of the dispute with
Commerce. Should a mutual agreement not be reached City shall render a decision and reduce such to writing and
serve a copy on Contractor. The decision shall be final and conclusive.
22.10 Disposal of Wastes. Contractor shall handle any waste materials generated in me performance of the Services in full
compliance with all laws, regulations, and requirements of all governmental authorities and those of City. Contractor
shall use only disposal facilities which have proper permits and are In full compliance with all Laws. Contractor agrees
Mat City has the right to reject, for any reason, Contractor's use of any particular disposal facility. All unusable materials
and debris shall be disposed of In an appropriate manner.
The use of a roll off is pennired, Upon final completion, the Contractor shall thoroughly clean up all areas where Work
was done as mutually agreed upon with the Project Manager. Contractor shall at all times, during the performance of
Services, keep the Worksite free and clear of all rubbish and calms. Any material or waste generated by Contractor or Its
employees, agents and Subcontractors shall be removed and disposed of by the Contractor at as expense, to the
satisfaction of the City. In the event Contractor Falls to remove all rubbish, debris, materials and waste fmm the Worksite,
the City may employ labor and equipment necessary to Gear the site and charge Contractor for me OVA cost incurred
cleaning the site
Contractor shall restore In an acceptable manner or replace all property, both public and private, which has been
displaced or damaged by the Contmctor during me execution of the work. Contactor shall leave the Worksite
unobstructed and in a neat and presentable conflion. The term "property" shall include, but is not limited to, roads,
sidewalks, curbs, driveways, walls, fences, landscaping, awnings, utilities, roofings and drainage simctures.
22.11 Documentation. All tracings, plans, specIficatlons, maps, computer files andlor reports prepared or obtained under this
Agreement, as well as all data collected, together with summaries and charts derived there man, will be considered
works mad. for hire and will become the property of City upon expiration or termina9an of the Agreement without
restriction or limitation on their use. Upon delivery to City of said document(s). City will became the custodian thereof In
accordance with Chapter 119, Fdtlds Statutes. Contractor will not copyright any material and products or patent any
Invention developed under this Agreement Copes of these documents are not to be wall or distributed m third parties
without the "ban consent of City.
22.12 Drug Free Workplace: Contractor ceNfies mat it has in place a Drug -Free Workplace Program in accordance with the
Drug -Free Workplace Act of 1988 (41 U.S.C. 702406). Refer to Form F submitted with Bic.
22.13 Electronic Slgnature(s). Contractor, If and by offering an electronic signature in any forth whatsoever, will accept and
agree to be bound by said electronic signature to all terns and conditions of this Agreement. Further, a duplicate or copy
of me Agreement mat contains a duplicated or nonrodginal signature will be heated me same as an original, signed copy
of Ws original Agreement for all proposes.
City of Sebastian, Florida I MOBLEY II ENTERPRISE LLC
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22.14 Employees, Subcontractors and Agents. All Contractor employees, subcontractors, and agents performing any of the
Services under Me Agreement shall be property trained to meet or exceed any specified training qualifications. Upon
request, Contractor shall famish a cepy of certification or other proof of qualification. All employees, saccommodors, and
agents of Contractor must comply with all security and administrative requirements of City. City may conduct, and
Contractor shall cooperate in, a security background check of otherwise assess any employee, sub -Contractor, and
agent of Contractor. City may refuse access to, or require replacement of, any of Contractor's employee, subcontractor
and agent for cause, including, but not limited to, technical or hall qualifications, quality of services, change In
security status, or non-compllance with City's security or other requirements. Such refusal shall not relieve Contractor of
its obligation to perform all Services in compliance with the Agreement. City may reject and bar from any facility for
cause any of Committees employees, subcontractors, or agents. City shall have the right to review and approve any
sub -Contractor used by Contractor. Contractor shall be fully responsible to City for the ads and omissions of its
subcontractors, and persons directly or Indirectly employed by them. It is Connector's responsibility to ensure that their
subcontractors are properly licensed to do business in the State of Florida and City of Sebastian, as required by law.
All workmen must have sufficient knowledge, skill and experience to properly perform the work assigned to them. All
workmen must have proper FOOT safety vest or safety shirts during any mowing, staging of MOT or clean-up operation.
22.15 Environmental Issues. All notifications regarding environmental issues or requirements shall be sent Immediately to
Citys Conlact Person. Unless directed otherwise by City, Contractor is not to contact any local, state or federal
governmental agencies concerning envimnmental Issues Involving the Project Site.
22.16 Equal Employment Opportunity. Contractor shall not discriminate on the basis of race, color, sex, age, Mideast origin,
religion, and disability or handicap in accardance with the Provisions of: Title VI of the Civil Rights Act of 1964 (42 U.S.C.
§ 2000 at seal, TWe VII of the Civil Rights Ad of 1968 (42 U.S.C. § 3601 111 egg.), Florida CNII Rights Act of 1992 (§
760.10 Ste.), Tide 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Tide
49 CFR 26 for Disadvantaged Business Entemaises, Age Discrimination Ad of 1975 (42 U.S.C. § 6101, at sa9,), Title 49
CFR 21 and Title 49 CFR 23, Nondiscrimination on the basis of handicap, Tide 49 CFR 27, Amedrans with Disabilities
Act of 1990 (42 U.S.C. 12102. at seq.), Federal Fair Labor Standards Ad (29 U.S.C. § 201, et sari.), and any other
Federal and State discrimination statutes. Cemrector shall furnish peNnenl information regarding Its employment
paid. and practices as well as those of their proposed subcontractors as the Stale of Florida Department of
Transportation, the Secretary of Labor, or City may require. The above shall be required of any sub -Contractor hired by
Contractor. All Equal Employment Opportunity requirements shall be included In all non-exempt sub -agreements
entered into by Contactor. Sub -agreements entered into by Contractor shall also Include all other applicable labor
previsions. No su"gmement shall be awarded to any noncomplying subCont odor. Additionally, Contractor shall
insert in its sub -agreements a clause requiring subcontractors to Include these provisions In any lower der sub -
agreements that may in arm be made. Contractor shall comply with all state laws ark local ordinances.
22.17 E-Verification System. Contractor shall comply with the Executive order No. 12989 as amended, ark Fxectdive Order
No. 11-116. ark agrees to Will the U.S. Department of Homeland Bedell E-Verify, system, phttmfl1e
verifv.uscis.Movlern to verify the employment eligibility of:(1) all persons employed by Contractor duringtheagreement
term to perform any dukes within Florida, and; (2) all persons, including subcontractors, assigned by Contractor to
perform work pursuant to this Agreement Contractors meeting the terms and conditions of the E-Verity System are
deemetl m be in compliance with this provision.
22.18 Force Majeure Event Neither party shall be considered to he in default in the performance of its obligations antler this
Agreement, except obligations to make payments with respect 10 amounts already acmim, lo the extent that
performance of any such obligations is prevented or delayed by any cause, existing or future, will is beyond the
reasonable control, and note result of the fault or negligence of the affected party (a'Fmce Majeura Evenl'). Its party Is
prevented or delayed in the pedormance of any such obligations by a Farce Majeura Event such party shall Immediately
provide notice to the other party of the drcumslances prevenOng or delaying performance and the expected duration
thereof. Such mt. shall be contained in writing as soon as reasonably possible. The party so affected by a Force
Majeura Event shall endeavor, to the exlenl reasonable. to remove the cascades which prevent performance and shall
resume p nformance of its obligations as soon as reasonably practicable. A Force Majeura Event shall include, but not
be limited b ads of civil or military authority (including courts or regulatory agencies), act of Gad (excluding normal or
seasonal weather conditions), war, net, or insurnedlon, inability to obtain required Permits or licenses, hurricanes and
severe floods.
22,19 Governing Law and Venue. The Agreement shall be governed in accordance with the laws of the Slate of Florida. In
the event of litigation with rasped to the obligation of the parties to the Agreement, the jurisdiction ant venue of such
action shall be an appmpnale Stare Court In Indian River County, Florida.
22.20 Governmental Restrictions. If Contractor believes that any governmental restrictions have been Imposed Nat require
alteration of the materials used, the quality, workmanship or "rhormance of the Services offered under lire Agreement
Contractor shall immediately notify City In wilting, indiwpng the specific restriction. City reserves the right ark the
complete discretion to accept any such elemant or to cancel the Agreement at no father expense to City.
22.21 Immigration and Nationality Act: Connector shall comply with all immigration laws as outlined in 8 USC 6 13240 -
Unlawful ern�ant of aliens. City will rwt intentionally award City agreements to any Contractor who knowingly
employs unaulltorizetl Alien workers. Any violation of the employment provisions outlined in the Immigration and
Nationality Act throughout the term of any Agreement with City may resell in immediate termination of the Agreement
City will consider the employment of unad cineed aliens a violation of Section 274A (a) of the Immigration and
Nationality Act. Such violation will because for unilateral cancellation of the Agreement, by City, if Contractor knowingly
employs unauthorized aliens.
City of Sebastian, Florida / MOBLEY II ENTERPRISE LLC
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22.22 Inspection, Performance, Supervision. City reserves the right to inspect the Services provided by Contractor, whether
partially or fully completed, at any time, as deemed appmpbale by City for the purpose of ensuring Contractor's
performance under the Agreement. Such Inspections performed by City, shall net be construed as a Mal approval of
Contractors Service, and shall not relieve Contractor from Its obligations under the Agreement. City reserves the right to
inspect, at any reasonable time with prior notice, Conbedors facllifies to assess conformity of the provision of the
Services with the Agreement requlremeral City reserves the right to investigate or Inspect, at any time, whether the
provision of the Services complies with the Agreement requirements, Contractor shall at all times during the Agreement
term remain responsive and responsible. Contractor must be prepared, if requested by City, W present evidence of
experience, ability, and financial standing, as well as a statement as to capacity of Contractor for the performance of the
provision of the Services covered under the Agreement. This paragraph shall not mean or Imply that It is obligatory
upon City to make an investigation either before or after award of the Agreement, but should City elect W do so,
Contractor is not relieved from fulfilling all Agreement requirements. Contractor shall supervise and direct the performance
of M Services and shall be soley responsdae forte means, methods, techniques, sequences, antl safety of oonsWdion antl
operations. Contractor will employ and maintain at the Pmjed Site a qualified supervisor w superintendent win shag have
been designated in whi by Conuadar as the Contractors maesentolive at the Project Site. The supervisor Or
superintendent shall have full aulha y to ad on behalf of Contadc and all communications given to the supervisor or
superintendent shall W as binding as a given directly to Contractor. The supervisor or superintendent shag be present on the
Project See at all times as required to perform adequate supervision and coordination of the Contmdors Services.
22.23 Lawful Claims and Demands. Should any outstanding claims by subcontractors or suppliers incurred in the
performance of the Services materialize after Cry has made Payment to Contractor, Contractor will indemnify and save
City handless Man such claims. Acceptance by Conbador of payment shall be and shall operate as a release W City of
all calms and all liabilities to Contractor, other than claims in stated amounts as may be spedfically excepted by
Contractor for things done or furnished In connection with the provision of the Services, and for every act and neglect of
City and others relating to or arising out of the provision of the Services covered under this Agreement. Any payment.
whether final or otherwise, shall rot. release Contractor or his surefies from any obligations under the Agreement
22.24 Lobbying. Contractor shall not, in connection well the Agreement. directly or indirectry, (1) offer, confer, or agree to
confer any rarunlary benefit on anyone as condderetion for any City officer or employees decision. opinion,
recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give
to anyone any gratuity, for the benefit of or at the direction or request of, any City officer or employee. For purposes of
clause (2), -gmW means any payment of more than nominal monetary value in the form of cash, travel, entertainment,
gifts, meals, lodging, loans, subscriptions, advances, deposits of money. Services, employment. or agreements of any
kind.
22.25 Non -Collusion. Contractor agrees that neither d, nor any of Its officers, partners, agents or employees have entered into
any agreement, participated in any collusion, or otherwise taken any action which is in restraint of a free competitive
solicitation in connection with this Agreement. and that Contractor intends to do the wodc with its own bona fide
employees or subcontractors and has not provided a response for the benefit of another Contractor. Furthermore,
Contractor caddies that its affiliates, subsidiaries, directors, officers, and employees are not currently under Investigation
by any governmental authoriy, and have not in the last ten (10) years been comided or found liable for any act
prohibited by law in any jurisdiction, involving conspiracy a collusion with reaped to submitting a response on any public
agreement.
22.26 Non -Funding Clause. In the event sufficient budgeted funds are not available or depleted, City shall notify Contactor of
such occurrence and agreement shall tendlnats without penalty or expense to the City.
22.27 Non -Performance Clause. The Contractor recognizes that due to the nature of the services to be performed under this
Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by
the City. Non-pedamance(deficiencies as identified by the City to Me Contractor shall be addressed 1. Verbally 2.
Written Notice. If the deficiency has not been comecled to the satisfaction of the City within the time frame provided, the
City, may have the work Performed by elther Its internal personnel or a third perry and charge the cost against payments
due the Contractor. Repeated deficiencies may result in the tendinabon of this Agreement.
22,28 Permits. The Contactor shall apply for all required building permits from City of Sebastian and is responsible for any
associated fees.
22.29 Project Site Conditions. Contractor shall be deemed to have examined Protect Slats), If applicable and to have
secured full knowledge of all conditions under which the Services are to be executed and completed.
22.30 Protection of Parsons. Contractor will be responsible for the safety of Its employees and the employees of Its
subcontadom, during the provision of the Services. Contractor NaMg, ctor will be responsible for Inmaintaining and
supervising all safety programs In connection with the provision of the Services in accordance with applicable safety
standards and regulations, as promulgated by the United States Occupational Safely and Health Act. Contractor shall
report promptly to City any accident or unusual occurrence during Performance of the Services, Including personal injury
or death to any Contractor employee, sub -Contractor employee or any member of the public, or any damage to any of
City's propedy. the Project Site, or adjacent property.
22.31 Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, bid, or reply on an agreement to provide any goods or services to a public
entity; may not submit a bid, bid, or reply on an agreement with a public entity for the construction or repair of a public
building or public work; may not submit bids, bids, or replies on leases of real property to a public entity; may not be
awarded or perform work as a Contractor, supplier, subcontractor, or consultant under an agreement with any public
entity; and may not transact business with any public entity in excess of the threshold amount provided In s. 287.017,
Flonda Statutes for CATEGORY TWO for a period of 36 months following the data of being placed on the convicted
vendor list.
City of Sebastian, Florida l MOBLEY II ENTERPRISE LLC
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22.32 Relationship. Contractor Is an Independent Contractor to City In the prevision of the Services under this Agreement and
is not an employee, agent, joint -venture, or partner of City.
22.33 Remedies. If any event of default occurs, City shall have the right, at theoption of City, to pursue all remedies available
at law or equity, including the termination of this Agreement and all rights of Connector hereunder. Notwithstanding City's
termination of the Agreement Contractor shall remain liable to City for all claims for damages, costs or attorneys fees
arising Prior to such termination.
22.34 Risk of Loss. Until the Services have been accepted by City, nsk of loss or damage to any materials, equipment,
supplies or work product, whether partially or fully completed, that are associated with the Services shall remain with
Contractor.
22.35 Schedules, Reports and Records. Contractor shall submit to City cost schedules, progress schedules, estimates,
records, reports, and any other Bala, as related to the provision of me Services covered under the Agreement.
Furthermore, City reserves the right to Inspect and audit Contractors books and records relating to the Agreement, when
deemed appropriate by City. All schedules, reports and records of Connector, as they relate to me Agreement, shall be
retained by Contractor for a period of three (3) were from the date of final payment under the Agreement.
22.36 Security and Confidentiality. Contractor shall comply fully with all security procedures of City in the performance of the
Agreement. Contractor shall not divulge to third parties any informal obtained by Contractor or its agents,
distributors, resellers, subcontractors, officers or employees In the course of me provision of the Services without the
written consent of City. However, Contractor shall be permifted to release information to third parties if such information
is publicly available through no fault of Contractor, Information that Contractor developed independently without relying
on Citys information, or Information that is otherwise obtainable under Stale and Federal law as a public record. To
Insure confidentiality, Contractor shall take appropriate measures as to its personnel, agents, and subcontractors. The
warranties of this paragraph shall survive the Agreement.
22.37 Sevembllity. If a court deems any provision of the Agreement void or unenforceable, mat provision shall be enforced
only to me extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in
full force and fed.
22.38 Survival. All express representations, waivers, indemnifications, and limitations of liability inducted in this Agreement will
survive completion or termination of me Agreement for any mason.
22.39 Taxes. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor In
accordance with the laws and regulations of the State of Floritla which are applicable to the provision of the Services
under the Agreement. City will not pay for any personal property taxes levied on Contractor or for any axes levied on
Contractor's employees' wages. City is a political subdivision of the State of Florida and holds a State of Florida Sales
Tax Exemption Certificate (No. 85-8012621178C-1). All purchases made by City directly from a dealer, distributor or
manufacturer for materials, equipment or supplies f"direct purchase') instead of through the Contractor are exempt from
sales, consumer, use and other similar taxes.
22.40 Waiver. The delay or failure by City to surmise or enforce any of its rights under this Agreement shall not constitute or
be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or padial exercise of any such
right preclude the City of any other or former exercise thereof or the exercise of any other right.
23. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so
and to bind the respective party to the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and
year noted above.
MOBLEY II ENTERPRISE LLC:
BY: 1��+^y� 6 it nATE: o/ 21
Henry D. abley, J . P
PRESIDENTIOWNER
ATTEST (SEAL):
Jeanette Williams, MMC
CITY CLERK
THE CITY OF SEBASTIAN, FLORIDA:
DATE; 1/22/2021 1 1:16:05 PM E
Pau armle
CITYMANAGER
Approved as to form and legality for
reliance by the City of Sebastian only:
�f1ww m-Y.
annyiArrinon, Jr.
CITYATTORNEY
City of Sebastian, Florida / MOBLEY II ENTERPRISE LLC
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