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HomeMy WebLinkAboutPO #10335 NettingCITY OF SEBASTIAN Purchase ATTN: ADMINISTRATIVE SERVICES Order 00010335-00 FY 2023 1225 MAIN STREET SEBASTIAN, FL IThe Above Purchase Order Number Must Appear 32958 Ion All Correspondence - Packing Sheets And jBills Of Lading Mail Invoices In Duplicate To Above Address Page 1 vendor Ship To Golf Range Netting, Inc. City of Sebastian 40351 US Highway 19 N 505 Airport Drive west suite 303 Tarpon Springs, FL Sebastian, FL 34689 32958 Requisition 00007585 Date Ivendor jDate IShip ordered INumber IRequired Ivia ITerms IDepartnient 06/08/23 1002815 I j ICENTRAL GARAGE er r TI cer 90 ('D33� Bill To CITY OF SEBASTIAN ATM: ADMOUSTRATIVE SERVICES 1225 mu STREET SEBASTIAN, F! 32958 vendor Golf Range Netting, Inc. 40151 303H1gkW 19 N Tarpon Springs, FL 34689 Requisition 00007SBS-W FY 2023 ACCt N4' 410120-606300 Reviews Buyer: Status: Released Page 1 ship To city of Sebastian 505 Airport Drive west Sews i`an FL 32958 L I 2 3 © z =------------- --------- ------ 1 - --------------------- iTOW Impartment oroered IN�r-,Required Ivsiap ----- -- ------------- ---M-r-------------------••-------------------- 06/07/23 1002825 1 �1 10ENTRAL GARAGE r-------r-- --r-r--- --r------- ..-r---------------------rr-rr---r------- LN Description / Account Qty unit Price Net Price 001 Golf course Driving Range Netting 1.00 89540.00000 86540.00 Replacement EACH 1 420120-606300 $8540.00 Ship To city of Sebastian 505 Airport Drive retest Sebastian, FL 32958 Requisition Link Requisition Total 88540.00 *tGensrai Ledger Summary Section ****'Accoun Amount Remains Budget 410120-606300 88540.003646.43 MAINTENANCE IMPRGMENEWS OTHER THAN BIDGS ***** Approval/conversion Info ***** Activity Date clerk comment Queued 06/07/23 Margarita Macias Ping meth � Kill n9 4D - �gnaturft 7 - zw Authorized By: Date: S era sag_. HOME OF I'EI.ICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Councum5sedKI ate: April 26, 2022 Agenda Item Title: Approval to award Golf Range Netting, Inc, as the Contractor to be used In response tc RFP 23-02 - Golf Course Driving Range Netting and Airport Netting at the Sebastian Municipal Golf Copm and Airport. Recommendation: Staff recommends City Counoil select Golf Raagc Netting, Inc, as the Contiiotcr to replace and improve the Netting at the Golf Course Driving Range and Airport Ream 'D' locations, and authorize (ha City Manages to execute the appwMate documents. Backgrwund: For Fiscal Year 2022-2023, the Golf Course bed an approved Capital buprovegrent Project for range netting raplooement. Thu Project entailed oornpletion daring the summer of 2023. Mwever, duo to the hunieaues in September 2022 and November 2022, the Golf Course Driving Range Netting and the protective petting along the airport fencing at the new Hanger'D' building sustained significant damage and steeds to be replaced: Prior to 'releasing an RFP, City staff reviewed all necessary documentation with FFMA and their mitigation tease to ensure the City could improve the netting to witbstmW additional wind Made from future etopos. The Golf Course/Airport Selection Committee Members reviewed all of the proposals and independently scored and unanimously recommended Golf Range Notting,'Ino, to be used for this project. The Golf Course/Akyort Selection Committee Members selected the second highest searing Company, due to the fact the prices of the Ent ranked Company were almost double the amount. The second highest scoring Company also had expellant Qualifications and originally built the Golf Course Driving Range netting system i» 1997. Also, Option 5, Airport, was eliminated by the Golf Course/Airport $election Committee Members due to the fact FBMA would not cover a section of this nstfing because It would include an addition vibloh did not exist at the time of the hurricanes. Gott' Course Rio rat Budgeted Amount: $77,000.00 $0 Total Cost to be Appropriated: $88,540.00 $36,834.00 F13MA Reldibursament: $66,405.00 75% $27,625.50 75°A FDRM Reimbursement: $11,06150 12.5% $4,604.25 12.5% Golf Course Budgeted Amount - Airport Reserves: $11,067.50 12.5% $4,6i14.25 12.5% Attachments: 1, RFP 23.02 Scoring Tabulation 2. Alternate 1, Golf Course Driving Range Netting Replacement Proposal Response 3. Alternate 1, Airport Netting Replacement Proposal Response Administrative Services Department Review: -.l City Attorney Review: Fiomuement Division Review, {/'applicable: 445e• �' J c- City Managerputhorization: Date: I11 of 124 Lt 6A RFP iV23-02 GOLF COURSE AND AIRPORT NETTING Hai+im�uuuoauNn ALTERNATE 1. GOLF COURSE DRIVING RANGE NETTING REPLACEMENT SPECIFICATION/RE( UIREMENTS 1. CONTRACTOR shall remove and dispose of all existing netting. 2. New netting, must be in 2 — 25' tall sections between each pole. New netting shall be constructed and attached to existing poles for a barrier with no gaps. 3. Contractor shall replace all hardware and cables. All new hardware and cables shall be certified (power line -approved.) 4. CONTRACTOR shall replace all netting with new netting at the following specifications: �3 a. 100% polyester iyith 173.9 lbs.. -breaking strength b. Netting panels shall !rove II -)ice -eight's (3/8") inch rope border with 3,500 lbs. breaking strength e. Netting shall be 8% solid d. Netting shal I be black e. Netting shall be resistant to mold, fungus, and high daily temperature/Florida sun exposure f. Twine shall be sewn through netting every one (P) inch and clove -hitched every size(W) inch around three -eight's (3/8") inch border CONTRACTOR shall ensure nettin. is raise bound for a -off barrier fence. Contractor shall be solely rm,onsible for ail measurements. ALTERNATE 1. GOLF COURSE DRIVING RANGE NETTING REPLACEMENT PROPOSAL FORM CONTRACTOR shall provide all Services (and items incidental thereto) set forth in this RFP for the firm fixed costs staled below. Description Total Sum Total Sum to remove and properly dispose of existing driving range j 1 netting and supply and install new driving range netting with all new $` hardware and cables to the City of Sebastian Golf Course per specifications. )� Numbar of business days services will be completed from date of 1 commencement of services: Number of business days services will commence from receipt of Purchase Order- P' riciag submitted shall be inclusive of all costs including freight, inside delivery, complete f installation, labor, transportation,eequipment, supplies, �m�aaterials, and mobilization etc. Legal Company Name:-- Authoriaed Name & Title: �0 �✓Dr�o�ii�°'�?0�1 l�fGU' ��Gilt6''� 1 am a legal agent of the above nwhed company and am fully authorized to sign and legally bind the above listed Cornpanv to a contract. Signature: i f`1��i� , . = 1. Date`` l ' j= •Cr . . Page 38 of 41 Pop 1 of 4 Wo d &Wn, sneer& kwW In" 50 stett s, UA rem & Cam do OwNiMy In ftff Com Oftft ROW, DMW BMW, Socyrar, Sporb NeNV & &Wkwu DATE Maft 26.2023 4M51 US Hwy 19 N. Ste. 303 Tetpon Springs, FL 34M Phone (i27j MB-440 Fax 17z7) ti384135 m NM aof;ron 1201 tina.00m W To: Den Wboon my Of BM=tkm 100 Brwh Foot. Sebwfisn, FL 32M 772 308401 Quanft Be 3,000-Ft 3,4W-Ft so 44 16 50 75 7.00D MAMBO BO Flat Guy Hodes 3fr Galvardzed Guy Shea] SMfr Gehwhmd Guy Steal HubbardWevapemft CMrnps 1-BoltCbnnps 3/4" Unbtreadad Eyes 30 Preforms 5/160 preforms Ste] OuWe VaAd 30 Mys MatourownemcwtififtIP&M Knernm wAh overds yews combd *gwfenw b%Whv 26 ywre in the net" Industry. Descrwmm Goy Course Ne", Allemate 1 ps �+ ng: 3' >Ixcirt system® Head Quay Goy Netiin WV MW Scope of waft Removal of ex Mrog neft and dispose off sile. Install new barrier netting & hardware on goy course drhdng range• We use 3►4" hemMm on sJ deedoW poise & br herdar m on sA h4w poles on seucW es up to 75M. On sbtadures ahows 75M we use 3W hardware. Instd cudom deaigrod. Math twho. Heaq duty gaff ndfing x 1" +,natters drornond mash poiye M ne ft pensts wW a 711fr solid rope border (6,tf00b. breaking )Ong stalMeaa dW snaps. TURNKEY PRICE I S 98,540,00 d f { l Page 2 of �t � �n tao+rco, t7�fifi>g � a�tr aoocer, dpar� a Bndsara� *Turnkey price I=kWas: pods, hwxhvam nettlng, ate, equipment rev W & labor Golf Range Nailing must have I to the site where work Is to be performed. ORN is not respcuMb for damage to gmes.. arts, coroste, hriyatian andAor sprkhkler has&, arc. that are In the irmnediale area where GRN saws and squIpment will be woftg. We vAl use our ul most care to avoid such damage. It Is the customer's ibiUty to have prtvabe utlittles located prior to a ny drill ft. GRIN will order public bootee. Cusborner IB rest for any permlls required. if GRN encounkm unkn eseen ground condilions not typical to the area ate. rock, concrete, woad, pl ings, etc.), additional equipment and manpower will be needed resuBng in additlonal charges to the avatar. CnwtonrI is responaft for rmnohrirr8 any k tertfe ng tso branches, Umbe, follage, eta. In the project area. xymea Semple Warranty ahrallable upon miuset. WerawAy does not apply to any damage or defectto the product resukft faun or arising out of vandallan wrar,'Acft of God', cefesirophle events, damages above and beyond buliding wind codas, and any other similar cause not within the control of Goff Range (Le. Ice, sore damage hell, wdditf% ate). = a �tx Hots: OW straw rse are bulk to building wind code. Aulhofted Soutwe: 'This is NOT a Corntreft By sodrig above, you aaknw iedge tare recslpt of this quote and do terra of the project Noted and wish to proceed. Once signed and rstumed, a format Contract sulk( be produced. References AyWiable Upon Request Page 3 cf 4 "Oil•'t + . n- We desli , erWaser a RuM ki aN 6o srBa% U.& relYf17 do & caaad8 spedeftft In gaff Come, Dn% ft , gene, easee3n, Soccer. Sports NWft a EnCroMr M Wur Proaucrds vaP=yeti M ,aid 711ir qm bordw wth 8paa tk NOWRO Hallow BMW rope b=W with 1,7.40 bweWng stWOL Mom tiewn b. brelift wwvh Border wcaar EnqsmFn which ddedwAn w a year or mrrusxrmod at two. our dent VOWS MaRK Wdh 60,uuu to. ttMM9 Anchors tabs with 10,t100 b. ho city cWB* (Wuchm below 7VH) Td* Heber with M,000 b. hok*V caosccnv (Sku ttm above 7SH) Mrs Hub (fit Oahraniaed ftw Ouy Wire Aircraft Cabfng WIr holds 315AW Ib. (abm 1GO" 61ir holds 9,000 hbs. IM horde 25.00 tbs. (above 76" 'Can be purchased st imml hardware Mir holds 20.eW lbs. (above 7b'H) stores 34" hokis 15AW lbs. PW holds 11,200 Ws. "GRN cnV uses powsriwi•grede rrl8t;id& ' 100% Full Warranty an Mdsftk a j lima rrtt ntI► Pro4Zeted or W aovanr� oMY PWorkmSnshIp Entire strirctM (Zvth natMng & pores) Engineering Not snghneered tacode Engineered to Buk% Wind Code. Sued & Sealed plans Vsdft to stabs bcdlWt. Whv We're Djffno We deem. engineer and Install the highest quality transmission powadkus-grade net" structural. Our focus is on ofiaring the bast prodret and Warmly In the business. Our structures are compM* maintenance free. We offer full tumkey InaleMoonis and only use h4mm employees and now sub- contract our wwk. All of our crews are ceffed power linemen m th over 140 yam corn bkW r , � � 116 , , i Indudtrtq 26 Yam to the netting industry. We may not the cheapest option as was use supartar mobriata, but you get what you pay for. Our aWly b offer a full 4oM Warranty jusUfts the feet that our itructursa era above other company's specifications and can out -last their slues. We are corlfhdent in our work and If you contact arty of our prevbus customers, you wiM see that they are pleased with their results or, well. AN of our stnrctunss ere custom and designed to meet code. No one matches the qualify of GRN and that is why our past dents keep coming back to us for addtMonal work. DOWBIP EnvalOpe U 0W00064 442M-AC14',ATWGPE9M GOLF COURSE DRIMG BANGS WZT2WG R AIRPORT NETTING FORM CITY OF SSBASTI<AN AGRt921�T This Agreement is entered tots by the parties this 2M day of May, M& L CITY OP SmumAN, a municipal corps"M ofthe ofmoirida., (City). :nd GOLF RANGE NETTING, bm (Cont m*w or Prspsserj L T RSON AS . I vProfessional 72 571 3571 eff Airport bbmW 772433.OW 100 Brush Foot Dries .dmdm, Florida=11 3. DW CONTACT PERSON AS TO W Golf Rage 1Csnisono Sh abdb Ramsay 40351 US 19Noah Tatpmt Ste, Florida 34689 727-9384448, Est. 2 966-9384448 4. NOrCBS. Att nWca Ckyand Coat, m requirod tin Agreesmatt, she11 be writing and is do %rm oaf imicf, email, msli, sr by Peltan d �to timmM adve design coca person identified above Bilker dWetated t+ecipin t may notlf�r other, in wdtirrg, if scone else is designated to receive notice. 5. TERMS 01nd �' AND C�OF BWVICES. Ibis h a one (1) dme agrsemm6 aad fire �feofive dais of the , teutmatea fo been an TaesdsY. Y 3Q sad sba11 be tinily csmphded with au Invokes asrbmWed an later than ddy 7, 2M. This A peaamM and its amod" Requed for Proposal (RM Domm=06 and ft a Dw mmmi% retiaenced herein, eogdher with soy eceoudsd Addenda if any, shall consdtul ttent m Agreement bdween Contractor and City Oweineft refmad to as @ta "Agreemminf). 1a snaolvia8 contliats, ern, disaepandes, sad disputes eon mWag dw scope of Services or odw rights or ebligadons of die parties, precm imm dull be given in die Mowing order (1) provta GW of dda afanteot, (2) , 1!;! .. of the Regvast in Pmposd, (3) loh of the Puuchaae Ord, (4 previslons of the Contrador's Proposal Puce Farm, ( provisions cootamed in any ber71me am no underdandin2s ms by ex� as h� expreadted At�ad tt to this 7. a..�.,..,x�,�� � P =Wcey� Foam, su�bnmitted by Contractor L A" - � SVl COI 3. ExiMt "C" — e 4. Exhrib'k "D" — Clart$eation Notes as WYOFSRBASTM.R.014 Al In.:- RFP 23-OZ Golf Caere Dd ft Range Heft 8 A"cit NWhq 1 of is 000MpE wisn•ra:aeVocoMPaa4rra-CITATMFEBEae S, MMZWA M OF AGM M M The Aposent may only be modified or UPW talud va-I0n a oonseat of City and Contreew. No moral agteameata or �I tions shell be valid or bhuft upon Cyr or Contractor. No Aeration oraunlilicstioa of the g� tmM ol'product, sWJ be valid or bimdh� !$ainet rot". Ojmay not unilaterally maditS+ the bernta of the AFneemast by ard'iom� addttioael tennaa ieoorpocadng each terau auto Oar's doatrtxnts fnrwanded by � fbr pag+Lttt. : canoe of setvloa, , or prr coring of docnmarrtatbrms hv am am to city to sp. vul or peymeot ghoul not caretimta ice of to proposed moc fiesdon to torn god 9. MLIUM MQMR NX QQMM&M& The Services to be provided by CaMACO am In EMU "A,7 "if." "C," esd "V etUCW to thk eut and ad aW In the CWs pr+epoeal docu nwis stud auh addends. If the 7�ttifies any toddT=W Services to be pwM by Coffft=W dot an not covered muter the original Agteemtaat, loch ad WwW serviva s shall be made a part of this Agteanod by a written A sand tent. IL ,�t#Sr�1VLWAGER. AN work done by the Conoraaw ahall be subject to dw screw, and .. , , . ; of the Projaa hdanW end the City. Amy and aA teclatical qu�wbich may seise as to the quality, and socep bty of work performed. or woih to be r - r, , ; j i I I lion of Tschaieal Spedficaaorts sad all technical questions sa two the sec bb of the Contras on the,lhepwt of the Cocaset wbo will ramive such questions. At all lima, all work dud] be n6jeca OD ion ad review by dre Project Mo gor and Ore City. In the � sud review rrap► also inchude and apply tQ the toot and ap4went used by the Cabiaor fbr the perf seen a of Work. IL It is understood that, aataept is y salad in the Greed Doomenti, Coftnetor shall provide and pay far an mato e% labor, foals, egvdpamern, light, povaer, tramporta sqm*jm tmtponay comstragiorr of my ruanm permit:, and all other =vim and facliities of any naun Whatsoever neoemy to execute, complete, and deliver the Services wr tin six gmffled tho. IL � _. �Q$. Compenagiovt to be paid to Contractor for the do of the 'Services herein dW be per the emit pricing noted to the mere Price Form, bit "A", attsched to thk Agreement. 13. m CftY tF BEBABTM RORIWI I I 2 15 ItfP ?d Z Gall Cetese Dd tg Range NetlM9 llitpott t%ow l3.1 Pavment rtestrdlnvelcas. Requests for payment for eke provision of the Seances provided under the Agmaeut shall be subadtted no more fiapendy lhan once per moatb. All requ-mm for paymanduvoices sball be submitted in sufficient detail to doenomiraw compliance with the terms of the Agreement and to allow for the pt+aaadit, andpahtt�athdit dheneaf. upon teoeipt of Coatrect�'s payment re Mvoioe, tie City wilt rmrvtaw such to ensure Compmon with enquired basic l hf motion and that die Swvtces cavrseld under the payment request have Keen comglfed in accordance with this AXMMMt ff it is found that the payment reap mvoia is not coeiy W or the Services covw-d under the payment request do not satisfy this Agroomo it. So paymol h request may be ndeeted. 13.2 City shall =taio five percent (5%) of die gross amount of each Mon* payment request or fives p mm t (5%) of do portion thereof q*mved by the City for payment, whichever is less, up to fifty p ( ) COMPMOM Tom', if on sdhedule, the City aba11 retain taro point live -shoran (23%) of the ghvss amount of the total of all payment request paid to date. Such sums diall be accumulated and not nkased to the Cwnthactor until final payment is due. Any interim anal an such suns"wan to CRY. Due to eirownstnim beyond the Coimsat es control and at the CWs sole disaatiw4 a pe oontage of the amount t+etained tom the gross amOM of each monthly payment may be red wW prior to final coMidion of die Pmject and said percentage released to die Contt=tor. Release of any portion or peroeatage of sums retained prior to final eomletion of the Project saholl in no gray imply approval or acoeptanee ofwmk Im Form of Pa N- ment . : nut', if the payment vaguest is not received In pfww order. (tiny may ve1�t tie Pement request. ivainn (ess dove after file deft on wbM the �qu io q! es by City City dials vide Cou actce with a asmiam wtlfieWon of the r4ao on spwmft the ddclawy and MMCCive meashn+es naceaswy m Mob the thPayhmhitregnest proper. Upon reodpt of a Payment diet corrects - defier, City �r�aloe paymemt m ,accordance with Chaplieir 21% Pant V11 of din Florida Sfatutos LAW Gov Prompt Payment Act , or reject the payment requag, w0ft to (IM business days aft des date on which the corrected and proper payment h a uehe is recorded as received by City. 13.5 lad —am ! out fined . in the event of a &pft between Contractor and OW concermgg ft AM dr tial payment of a payment request, suchMarveonlovegs shall be destwmined by C�tity.. N die dispute betwm Contractor and a portion of a payment request, doe modispoited Portion shall be paid by City in a time!- IMMM as long as die payment request for the undisputed pohdon is to p order. PAmedlugs to Mecolve the dispute will be cowtsenced avid do fb: ?-. Ova f*:� • bodaaae ON s after dw dMa the request is dispte was recorded as 6ft received by City. The my include meetings between tee parties, telephone conleMM of earth other was to clafifY the dhspute and atMW to resolveUnmed blew; try will be concluded by a final written de6h ioa by City w0dn sbxty rx� after die dea an which the payment request was recorded as being=�uch procedures do not coimstAote an administrative ------dirt- drat prohibits a court f%m deciding do nave any action arisingout of>ba dispute. Crrr OF SEBASTIAN, FLOR aA Y 4 ­ rr 6Fq— P.FP 23-02, chaff course D* try Mange Hoag a AtrW New 8 of t6 DocafiW t7q►M" W. 1746*.rrw i3.b If y�� 5nbc tz cqml Whoa ContracW setaivem lirom City unY PaYM for Swvim P.,YrrtJ under the Agmund. fe>fnM MONA may each o�y� rm rived to coh w or sapplicr, ar-d employees b jtopowm to Nme pweemage of the S"'mee conTlcaod by each smear, mgpUff, or employees sites CoMmitoe's nc@W of tho Payrrient. 1f raodves lase than w peyemat, they Convaemr mball be mgWW to toib��, gad mplcyem cub rocavmg a prmat+ed pwft based on do an=W due on the payment, If a ribconhador re=vcs parent Gam ContraW for labo% savicem or SAmibbW by aboomwamm or sappliam hind by the nbconbadK the sttb�.i.0 ", no mmh do to tbae mum or auppliM I mmLcn budoea��� ofpaynvnt ft m Cont =W. 14. WARRIINTIBS. 14.1 Worro of Ab W is Perfona, Contypctor wamm that, to the beet of its knuwled^ toere =I no po fto or dmand aotpoM PUCK ln5% ielvepiggdoas► or goy other legal or fb mdol , that waald in say away prohibit, resoain, or &Wlt b Coertmajoel ob ty to md* hs obiigndoms under the Agreement. 14.2 WSBuft Cor MW d Wl wwmd its Smvioes apirat drfvcb in materials and worr iP for a m W mrm period of ten-00j vem fmm aea�aa of the Sarvicea bq► C� Should mw dePoc�s the savimm a appew' dtnmg waarradty perlad, Cmftdw ermtalalm or E vart, or repair or redo du rresi risk Podacfs, or tavice:, irrm>edlelyr receipt of wr- notice from City, at no eddWonal rccpcnre to City Corrirector s1m11 warr®rt eua& teplow mataiats, pta&WK ar eqdpmaa. a repaired er mAm Swvieem, for the team arrd aamdmofgb ate, aft ac a of saeeb by C lWS "0d lviarsgee: 143 Wp=& 2L 10 vAW In fbe palioe num of paofit savioes, Curaotor wili use #bet : Wee of care and din off► eoradmd by **a aboilar pa in the fidd lmda sim lu CMMM Is dmiiar bra. C WHI use due case m pafCerm4 its Savioa and will bane duo regard far aooeptabb3 ;�afes�icmall sf®derda and primdom CmucaWs somdad of tstlta drill mot be dared by the api►llaomm" iezae�oa, oe' coaassm4iom of gay other providon of this If arty of fire & rvrces performed by Contractor do not comply wA dr a eind COY matrons Contracmw of so* them Cbmmr m ( MSPSM) pretty aaetmte the moaeo�aanigg Smvicem. AII soh se�armed Savtees � � paibnaed un a 1=*M ly agreed sche&le. Conlon= :hall ad d haft m t . MY rite bmmft of wW of Contractor" s mb oamsdaot's or stab m �vareantia� Bach assig anW e3rmli mot relive Caatrsctoc of its warrmrfy obligations fa paform OOO a sMnftdsf=*toCWj=ftd&AxwmmL 14A Thla to aegr work FWW fim d*W by Camfraotor under the Air �,� shall pan tD City to the odW of f paymx� grade for such bbyy City, or an dun date drat City accep ties completed Services of Contractor. Vilhem title Pam ifcbed flee and Sm o f t' Oomtrm Aw wacrub � anowtum or clams dwV g= . oa CITY OF SEBAWM. RJORIDA I RFP 23-02.OW Course D*ft Renee NOCIfl & Airport IVettt V 4et15 D=Ao lMMV0004F34•42FOMIT-A7eotcFEBesa IR pUSUC &kj:CORDIL Conkmetot will bq and maintain public retards r+oquimd by the to perm the advice. Upon request S+om the City's custodian of p�obl W records. Contractor wM provide the City with a copy of the seguested records or allow the recalls to be, inspected or coped within a nesomMe, time and at a cost that does rat exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Upon completion of die , C�tradorwill trans6r, at no cost to the City, all pub mmeo ds in of the Contractor or keg and maintalu public records Mequh Cti to the service. Contractor will ensure the public records drat are exempt or tronfideial and exesrgnt firom public reoctsda disclosure rlsquirattatAs aro not diotosed except as sudwrimed by law fir the duration of fire term of the Agrree meat and lawwing completion of the Agreement if CoostrMw does surf trastaAer tine rocards to the CfW. if Cotdraator burps and maintains Fublit: arils upon compkdon of dw Agi+eetnamt, Contractor shall great all appii rephmear w s far retaining public records. If Contractransfers di public tnco� to City aeon completion of the AS - ti tor Ca -tractor shall destroy any duplicate public records that are er wnV or co0desntial and axed Sam public MM& disclom NqWmmwAL AN reccrda stated dedmblaft must be pWWded to *a Cittyy, spar request from the CWg custatiaa of public records, in a famet that is compatible With the infamnatim tedmology system of the City. If Contractor does not complywith the Cxty's request fbrrpttblic r+em%% the City shall eDfOme rho provisions of the Agee wa in accordsaee with lira terms of the Agnoemerst and may cancel the Ag eemtnt. This pravi" shall awvM termination of this &WwOmL IF CONTRACTOR HAS QURSTIONS REGARDING THE APPLICATION OF CHAPTER 319, FLORIDA STATUTI+W, TO CONTRACWSVS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGURVIR i, CONTACT JUNEM. W ULUMB. CITY CL M AND CUSTODIAN OF PUBLIC RECORDS, AT IM !MAIN as ►, MASTIAK FL 3M8;'9MAIIL: jwWiamxsdrarot &wiian nr%PRONE:772-S MIS. 16. During the term of the Coarador, at its sole stall E_rmdtrrance of such a type such terms and limits as MW below. ire eo is a material obli ''ors of cantroark. Col�M a caatos�() of iosuranek t videncing such eoveis>V. B Comm Ws respansibifity to emrcue that the City has currant rC relfur ems) of Insurance at all times duff the dumlionn of the agrocaMU4 iacludim8 m adrements. Contractor shall obtain and mabWu So the 16.1 donof�e�o� agaitnst dims far itgm�ies to pardons or damegrs to ddch dray arise Auto or in ecmnecticrs wi& the par of the VM& by the contact ar, his apatite, or VANOSOWf. The oovarWo, limits or endorsements MW'kW buds do FM dry inteamts of City, and these cotes W's, limits or andatae its way be reVilred to be NV d Wm when amassing the c" t or detenniniag qVrappele types ad limbs of cove sw to protect Con in r agaied any toss � : 4 vdaet w as a result of an Project or cdowiae. The r pha w* eaontaiaed gain, as well sa CWk review or ad�awlodgement, is not k mded to and shall not in UW rmatunar MWt or qualify the Uabijittes and oblDatsorrs asoaned by Cotmaemrnler a eontrsM Cpmpreban amount not less than: General S2,000,t1E0.00 Cos:dsiued Single Limit par each oxurredsoe Lhnbft 1'L'- i,B{ �y�.r , ... CITY OF BEBASTIAN,6 / �bd�ats dr[v 5 of 16 RFP M2, Qdf Caarsa re Reny NO*% & A"Ott Ngft owAipemwpiw.osEmco64F34.uFc4m7A7WcFEBOB Cmftcta shell submit and rnaWlin w0*Ws oa don inawence to the extent raqutrod do law for all Worker's Compensation In � ns to be argaged is work under this MMUL am to be engaged In haw:1000 wmt under dh co� and are not protected under the worbar s enVeneation Statute. C.or*atj*r shQ p avide adequate covmo fbr the protection of such employees. Antonu M USli lUy an aoaoutd not lass then: $ t,owpo oo Combined dingle Lhrht per each ooaum" 16.L1 City of Sebastian, its council membem opera, errrployees and a8mb m to be coveted as an JBIW,A on all Policies accept Wb[Ws pomp. The shall 00010 tn sno spemal limitation at the scope of protection affor"I to d=* F, its covocit members, oifioms, anployse: and agates. Convector shall a Caugcate of lasurattee to City NwAorihays, In policy lenaage• and of promiumi The eertdicate dudl ndicate i fcavmp lsprovidedoo t'a"ciai=made"m°oeepnumeform. 1UJ All r+e**W inomnce polies must be written whit am inK mee cancer bsvhtg a miniamme A.M. Hest tsthS of A+. 16,Z,3 Co for Ines sole responsibility for all inanrance j and shalt be ft111y► and ad* foRMtalhle for any Coda Of drpensCS as a rerun Of a CMMP dedad'ble, pushy, or self�nred rateadow iat-3 '-g any loin not covwvd bemse of do opo adon of such deductible, ice PmhY, NV- i wxW rstvAon, or coverage exchtsion or ttmttabton. 16.ZA Cod's ims nanee eoverage shall be primary hwwance as respects the its otRcisis, employees and volunteers. Amy i ancx City,its maintained by lice City, Its officials, employees or volunteers dwil be exom of Couactoes inau:sme and shall be non-oontl1butary. 1Uj �i� ,Contractor and it: insurance carrier waive all for all loan or damages drat ocarr duff the cwmd and for my events covering during the c =UM period, whwhw the suit is bmv#h during the contact period or not. Tic City requim 4OPMA Liability policies to be endorsed with CG 24 04 Waiver of Transfer of Rights of livery R�Others to Us or similar endocw=W, and a WC 00 0313 WHIM of Our to Raeover from Odtas for Worlxrs Componsadon covars'e. 16.2.ti It is &e Coat mctoes retpomibilityy to insrne diet all saboonhactors owvlr with dlrose hwz%na regainemeats. Conb=tor shall include all submtractars Ss insured under he policies or shell Hurrah separate cordficatee and endornmeaS fbr eadt =b-contradw. AR coverage's for subcontmelors shell bo subject to all of the teguiraaents stated heroin. - oe O N of SEBA8TM. FLORIDA! Initl�•s -- RFP n4it QW Course N tng Range No" & AirW Netting 6of1S DMOP tilNOW& ID: 01 11 000&OF3442MAC17 AMYCFEBESB i7. C 099N. The CONTRACTOR or its SUB4XNTRACTORS shall � and o ess the Cr Y, and its officers and employees, from liabilities, dams, tosses, and costs, incluffimg, but not limited UN namable atton @W fees, to the extent aeased by the negligence. recklessness, or inUntionally wromgfbI caadtict of the CONTRACTOR or its SUB -CONTRACTORS and other persons ermplwpW or utilised by the CONTRACTOR or its SUB -CONTRACTORS in dw performance of the contract; my dlem of the negigance of See inda mitee or its ofiicala, directors, agents, or employees. however. such indannifioation WWI not Include olefins o& or damages resulting fiaem, gross negligence, or wilithl, wanton or Intentional misconduct of the indemoitee or its offices. directors, agents or employees, upon request of the CITY, the CONTRACTOR or its SUB-CONT AMORS shall, at na oast or expense to the CITY, Indemnify and hold the CITY harmless of say snit asserting a claim for say loss, damage or liablllty specified abom ad CONTRACTOR OR ITS SUBCONTRACTORS shag pay any cost and nu mebte attorneys' fim tbat may be incurred by the CITY is connection with any such claim or suit or in atha lag the indemnity granted above. Nothing in ibis asmair nt shall be construed as the CITY waiving its sovereign Wmmutity pursuant to 7SL28, at seq., tf dda Statutes, or any other sovereign or gma n mental immunity. W orevidon shall suMve terarlueden of this a e t tymay atamytfine; as the need adess, order d qp within the scope is.of do services Na fimlidating the Apument. If such chnigee result in an kwease or decrease in the Contract Price, or in the time required for performance of the Services, an e0table t4ustment shall be suiliorind by way ofa G`hange Order. I�T1 N A F The abet resulting from this RFP can be 19. am for cause if iumbact is found to have failed to perm services In a essfscteary+ to the Chi, or for oonvenince Won notice ePropocer. In the event of either kunina on, do esl� Proposer shalbe eouWansated for all services perhaned to doe City's satisfaction. The City shall be the sole jWV of noa-perfeconee. Cantrmetor shall not be raOW to compensation for boss of andefpated profit. 2L $. Cbutracw. of Its sab-contractw(s), shall possess and maintain during the tarmac of this Agreement any and all Hosons and certifications required to perfeem the Services covered under this Agreement, as stipulated by the State of Florida and the City of Sebastian. 21. ADDITIONAL TERMS AND CANDMONS (alphabetically flared): 21.1 Neither City nor Contractor slmll seta, assign or transfer any of its rights, or a ligation under the Agreement without the prior written conma of the Geer Party. h tin event of any ass e�enk Contractor monains escoadmily► liable for p ftmence of the Agreement, unless f..ity exp udy waives such secondary lialhility. 21.2 Vso4w0ev or Insolvenev. Contractor shall paomptly notify City in writing of the fihmg of any voluntary or involuntary patition for upkrupptcy and/or of any insolvency of Conhm*w or any of its subcontractors who are immived m the provision of the Services under this Agreement. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK t:tN OF SEmurP . n6q AI �itl6ic - RFP 2M, Doff Caine MMng Range Nefling & AAlrW Netting 7 of 15 DmftnE"WV.00WCC04FU4VC-ACI?-AIWCFEBM 21J h Contactor shall comply with an bin wkft oft sumumicM and liem,¢ing tecpaftnm* that we ap U= io the owdnct of ite bcrsittosa, Inchaft those of Local, State and Federal agencies haying jariadiction and amity. Tbeae lave, stall inalade, but not be lbuited to, Chapter 297 of the Florida statoft, the Mom C1„�,��,�,� „�;,I Cads, the Ji ISN110H Aet, dre A>mrLcass NO DlsaM/ttas Act. dw U*ed S1aru omupa ftd 80* sad Hsa" AK dw hailed Sltoaor BhutnmWWWI P► hvdm Ageacy, & SW a of lelortda LNpw&Mj vf biwbarra wdd Pr+alfttiw. and aft prohibitions against diecnimhisdan an the basis of nbok �U, creed. national arrgin, � rrwriW status, awmel otim►tation, or eoopreaaton str vetaraa'g guxm WOWim of saA lava: dull be pra na or � ofthe AgraenvmL 21A QWg a[,�,t Caor cmvenaata drat it primly has no iatit and shall rwt acquire any =tend whwh would Mfhd in my naanrw of degree with rise tff(munce of the Summ c uwW order this Agreeuuat. Fine, C.amictar wanants thin it has not or nuiaod sn many or person, odor than a boas oft+rorPlo?"m =anypsna �Connector tot or secwnethisA fandthtit a bona Se . �pmY. p on. hdividuai, or firm, other � �Y trorpalG ctor any the, oonntt on, penoeatage. gift or other tronaidemadon contingent RM or tasutting 6+an the award or rrcdpng of this AVftmest Con mdw, and its xubawwaators at any tier, wfi' that they 11a not etrtersd irao wW oo punt, or arranpaa w in cowwoon with the Project coverall tinder dhda� or of a�pr+opcxty iaoluded or Planned to be hichdod in the eat, in , . or eritployee of Conpaator or its its letrore, orfor taro t2) has any hiteren, dirm or 21Se:edces &Miss far shall promptly remora � the poemises all ,br.y� r.. w.� /�to amply with me C tract �„. �, r�� do Pr�tNw. not. \A7i�flipiNl. a� �. in �rlra�n�l..irin With CCOW {,�� p,,, l�bd00p1 o All S4=" expo ID edditkoid expID City. `( p�' shall beat the ae UPCAofmalh* goad all Savices of othm I . l l v P L 1 l N ak dab%W or i by std remove) or 7epla=M. All rmoval ad romemw of &nim shall be dose aF_r"s esnea� tf ca»racgor does trot tape actiortc b temav�a such rgeoted Set/k= WUMD two (Z Cw%D er days air reecipt of van rmoa frmn ova Project COY may =vwe sub Services on du* own and arse& the MgWah at the expense of 21.60 �ta=&. If suffrcient fiur ' is not available for Contractor to "lowow the Services, City taste the tight to >► the to= and c ouMone of the Agtaetna to chano the Scope of Services to reduce the cost to match my available Amdf= if such Statists to the Scope of Services art: rrot feasible, or if funding has been whily exhausted prior to (roatia01101M6 ooatptadon of itt Services, the ASMM=t shad be teradmited on farms ree[ouably aaxpAble to both parties, Addi iomlly, in accordaacc with Seddon 216", Ft+sstda Statrrtaa, and as poWded herein, Conpaotor may not expend y Ci y funds for dw purpose of lobbying dw lgislaturc, or local, sure or federal CA CITY OF SEMST1pt+t. R.O ID A f �Q-- RFP 23-02, Gott t CU= Drtt Range Nowng & Airport Noft & of 16 axGMC0503442FC MT-AYBOYMME58 21.E t. Contractor certifies to the bast of their Imowledg+e and belie& thsf they their principals (1) are not praaendy debamd, amended, proposed for debarment, declared kftble, or vohmt ft excluded fi+om covored ttartsacbm by nay iUirutiaapai, aq+, Stoic or Federal department or agency; (2) havoc not, within a throe - year period preceding executi m of this Agra naK been convicted of or had a civil judgment rendered against tbem for coom issrau of iiosud or a criminal offew in com udon with obudoing, attrn Wft to obtain, or pwfix mbW a public (Federal, State or local) transaction or contract under a public transaction; violation of PPedwal or Soft antitrust Won or commission of I __ _ zzler lbrgery, bribery, Disificadon or destruction of rereads; meld g hire statements or receiving stolen property; 0) are not primly indicted for or otimerwnae criminally or cirrr�ly charW by a governmental entity (Federal, State or local) with commdsaion of any of die or have not wilbin a three-year pniod precediag execution of this Agreement lad an or same public transactions (Federal, Site orlocol) terminated fbrcease ordellml4 and (S) will advise City immediately if their am= charges and will provide an aMaoation for the change is statue. ap srbmk thdr Csmmaav Prolge Paee f1rom SAM Were eimin¢ of coafteL str 21J Dl ry V dor. Camtractor cadfues that are not subject to Section X7.13d �ifda ultra, which specitles that an enn ty or affiliate who has been placed an the discximmatory voimdor lass may mat ssubmrit a Pmposal on a contract to providepods or services to a public eadge may an subamit a Pump W on a contract Idth a public on* for the construction or rWu of a public building or public work, may not be awarded or pas a 'n work as a contractor, supplier, sub -contractor, or consultant rimer a contract with arty public adity, sad may not transact business with public entity. 2L9 ==p. For any dispute concerning � of the Ag�ntetlt, which Imitation controva des based unm brateh of controra mistake. n>i— asuddlon, or otter cause for curt as or sascdssion, city :ball atetuglt to :+each a no" a jo, a. , , ; , as to the attlement and resolution of tie dispute with Coumuaetor. Should a nuhral act be toeaehed, CITY BE" RIOiDEB A DBOSION, REDUCB IT TO WXlRlT NG AND SERVE A COPY ON CONTRACTOR. THE DE0810N SHALT. BE FINAL AND CONCLUSM. 21.10 ,Dlsnoaai of Wastes. Contractor shall handle any waste materials gena vad in the perl'armanoe of the Services. in Pali csanpilrmoe with all laws, readefl L atxi r F%shw"Mak of all gova unental authorities and those of City. Ccnttach shall use only that have proper and are in &U compliance with all Laws. Contractor agrees City has the ' to reject, for erg► reason, Conhactls use of any particular disposal facility. Refer to Bad= 6, Debris Clara Up in the ITS Doamnents. C.oatrector ehabl r+astor�e in an acceptable mamnar, or replace all property, both public and private, which has been displaced or damaged by die Contractor during the execution of ell work. Contractor shall leave the Wort sites unobstructed and in a neat and presentable condition. The teen "propwif' slu d include, but is not limited to, amis, sido mini, curbs, walis, fences, hudscapW& awabMA utilities, footings and drahmge structures. Lures. 21.11 t Ali aacings, phan% specificatiouus, co»grr r fifes and/or rr s prime or obtained under this ApeemeA as wren as aII data eollocaA WI sauammrien and aborts derived there *off will be works made for hire and will become Ste papeft of City upon expiration or termination of the ASmeme without r+satricdan or-Uniftedon on their ate. Upon delivery to Chy of said dowmag(s), Chy will become the custodian thmwf is accordance with Chaptw big, Irtorida Statutm a mftewr Will no airy uratarial and gm+oducts ar patent any invention developed under min tAV m he uMt. docuratu� sha11=rot be aoM or destrilrrmd to third pasdo will tout Cuh►• CITY OF BEBASMAN, FLORIDA /- RFP MIZ Goy Own Driving Range H; no & AkW tatting 9 of is DMAP LVSWP Itnc Qft7DCD64PJ44XVWV49WWFWM 21.12 LFna_ worlm�ce. Co etor c that it ices is phwe a Dn+g FM Wa boace PrVIm in aacohnahhce with the Dreg -ulnae FYo t6w Pict of 1988 (41 t.S.C. 702-706). Rai to SedlOn 417 of the OF beret Coadi in% page 13. t1.i3—Inn PAMIMOM Ed A All Oxwector &W^ subaohttrsCtora. °`�'8 soy a Shoat tee the A aaet l be pgxnry bained to nwd at any � �l� osfcargwo ti�iom aralberpmdof of must comply wft all Many MW mob of City, My a: V ��e, and tsof Or ftn�comwof, oicat ► �ec��ar and for t0' but rat fia� w �, udwed or quality of wvkM dwV inlom ty or noa4aoeplionce with Cxty's macteity or other i*qWrwvzt& Sueb wf W shall not rdlo" Coatactor of is abligatma to perform all goiu:es W conobnco wM the A ht: CRY may row and bar Snm any facility for calm any of Candor'# d F 0 -1 1 - I Inow, cr aga ts. City shall bav a Ore to review had may:ub• for need by Conhat� Cmbzd r shall be folly to Chy� sets and omisdoms of its subc�aam, sad pasons greedy or I toyed by tlhem It is bh�in ther�l �►� dw* a r .� refdred by ptrpailr iioecsed to do 21.14 EgaRl Eeaonm��Vljw Cm tractor dwU not dis iminate on the basis of tecq, color, sat, age, natioegion, and or handicap in awhhdwProvisions ofs ?isle1 R Act (#2 U4 eta .). 7ltle VII of the Civil Rifts Act Cj196E (42 U&C a q). t vl►� Act of 1902 G MO. 10ets� , an ?ilk 41 CFR Pan 60for once willh Ermalve IJ246 and 11375, Titk 49 CPA 23 and Me 49 CFAI for Mudvantffged Bev bmw Zwer u*w, Age Dtaafrerleeatlbn Act of 1975 (42 U.S C 16101, eat mg.). Me 49 CPR 21 asd ZFtle 49 CPR 23, on on the bads q f handicaps, M 49 CFR 27, Amatem wJth DisaWda Act ofIM (42 U.S.0 12102, et. seg.). Federal Fair labor Sltaeedw* Aa (29 U.R.0 201. et!!!), and any o dwr Federal and Star Noah tubes. Contractor shell ish bofarnmrtiat regarding its employamemt polies and prad ew as wall as those o�prohposed stibooswactore as the State of Florida Departtttaat of Transportation, dhe Seormy of LaW, or City may requim The above ethdl be required of any ubvonuadw hired by ContraoW. AN Equal Employroeot appattamity included in all am-exaimpt sub4onaim entered irua by Contractor. Sub hunts entered ditto by Comtreaw shall also Mude all otbw appiieabfe labor 'our. No sub-contram shall be awarded to any non-complyi sub- .y,.,.,; , ,r. Addy, Cohhtractor" inwd in its svb400 mots a clause ragairing suboamtractors to WeWde these provWons in any tower tier sub -contracts that may im two be made. Contrider shall comply with all am laws and kind ardinencee. 21.15 ��y. IM. CoerthMW #ball comply with Executive order No. 12 a: and Executive Order Mo.11-116, and agrees to uMiw the U.S. of Homeland Seauity's E-Var fy rjde , ,los:l/e-vaifY uscta- 4v QW, to gy the mwbynwa eligibility of:. (1) aN peszons employed by Co nMwW during dw contract tam to perform may doves within Florida; and (2I allpwsons, including ems, assi6hted by C outroctar to perform work t td this Contract. C lo>gtactars the teem and oonditiors of dw E-Verify are deemed to be in wtiamp - pmtrisiar. thdr s boa CITY OF WNSTM. FLON A t i s RFP 23-02, Bolt Course Ddit Range NOW & Atrpod NsMV 18 of 16 DOWARon Ew "D UP. 015E70cobaF8442FOACIT-A760YCFNEW 21.16 Force =ZvznL Ndlher party dW1 be considered to be in default in the pe�'ornmmce IRSors ceder this Aft, except obligations to make payer with respect to amounto alrowly accrued, to the a at that perfa m um of any arch abiigad I I is prevented or delayed by any come, exis W or fitu e, which is beyond the reasonable control, and not a result of the lash o: rgeuce of, the aimed party (a "ponce Mademe, Evan). if a party is prevented at� in the pofawnuce of any such obligations by a Force Majeure, Event, such party :ball immtedWtdy provide notice to the other patty of the err-nostmess reventneg or der pads manse and the sxpa�ad donation *eW. Such notice she! be cold in writing as soon as reasonably possible. Tito party so affected by a Force Mef oure Bvent shalt endeavor, to the ale I reasonable, to reprove the obstacles which prevent performance and Ara11 resume gerfarmmu,e of its obligations as soon as reasonably p icabla A Fore Maje = Event shall incittde, but not be lkWW 1% eats of civil or antitery authority (ncluding courts or tagaleiw7 agencies), act of Clod (exclnarmal or seasonal weather conditions), wsr, riot, or insumeiion, WAM to obtain required pencil, or license, burticenes and severe floods. 21.17 Gorda Lave fie. The Agreement shall be governed in accordance with the laws of the 1 of onda.' In the event of litigation with respect to the obligation of the parties to the Ao ... ; , . , < <, the jurisdiction and venue of such action shall be an appropnicte State Court in Indian River County, Florida. 21.18 �err{ent one. If Contractor believes Scat any wermnenml nMets hev�e beor> >xryr�p�that require alteatiet of the materials used, the quali% w+orianouship or peformance of the Services oi%ned under the Agnaernart, Contract shall irn,nredlatel notify tatty in writing, indicating the specific restriction. CITY RESERVES T[iS RIGHT AND THE COMP = DISCRETION TO ACCEPT ANY SUCH ALTERA17ON OR TO CANCEL THE AGREEMENT AT NO RMTHER EXPENSE TO CITY. 21.19 Imm bra n and �iafar&M Cow shall comply with all immigration laws as 8 U5C 1 Ualawfbl Employment of ABOL City will not imandonelly award City contracts to soy Contractor who kacwingly employs unauthorized alien workers. Any violation of the employment p ovisions outlinOd in the Imuftatioen and Nationality Act thro» gi,out the lava of any Agmement with City may result in immediate termination of the Agaoament. City will consider the employment of unnathotized aliens a violation of Section 274A (a) of the Immigration, and Nationality Act. Such violation will be team it unflaterul cancellation of the Agreement, by City, If Contractor lmowiogly employs umandmiaed aliens. REMAIDER OF PAGE 4,,.o ioig,i :10NALLY LEFT BLANK i WYOFaEBASTM, FLORIDAI V k 7zle RFP 2S&t12, Golf (louses DrI ft Range N S Alrport Nedhe 11 of 18 DWAIFr Errretopa ID: 11,A7lOICF11MIS 21.70 m AqM MMUftij. ft reserve: the right to impact the SWAM Coot rador, Wholher paid* or fatly Completed, st my time, as deerrned apptoprlato by C4 br to propose of own* under the Agreemwt. SW% in Cto 0 FMLOrmed by City, shalt not be construed as a final approval of C ,,, , . Sevioe, and elan not relieve Conmactor firom its obh vmderthe.Agreaaeut. tq+reaervasthedghttoimpact, at?any reasonable time vtlr prior notice. Contnrekr's fiadl es to asses of the pxovinhoa of the Serviaa wilt the A r *ftneuw reserves to investigttto or imped, at OW tiara. wbWw the provision of the Complies wide lase Ag vement nqWremwft Contrutor, dell at an tunas dndng do Ageement term ►imam vanaalve and roses Contractor mast be prepered, if mquaded by City, to p and evtdmw of ex wWwa3, ability, and fiamaial deeding, as wall as a dMom l: as to capa ley of Conbutar for the parfmmance of the provision of the Services covered under des Agrecomt. This pear* sbsll not mom or imply that it is obligatory�ra MY to rake an won ear or after avmd of the Ageeanrat, but ZrCity elect to do so. Concerto► is not relieved born failtl'mg all Agreement live at ire 7% Opervisor or siverbondo shall have fall autlm" to act on Mall of Contractor and all oorrnimoucahons gives to the sapaMsor or sups t rbrdl be as binding ss if given dkeedy to Corarular. Tire srmervisar ar 3321 Shwld any ousihag Claims by subs Of suPPlIM bMU71d In of the Services mawkft after City has suede E►eytneat to Cotmew, Conhador will ' and save City bsamlasa firm arch claims. Acm7unce by Coistrio r of payment strati be erect span operate as a rehettes to City of sq daims and ail HabiI do to Contractor, other than claims in stated amum* as may be grxi8ccaibr exce�Cantmclor for ddaga done or findibed in comedion wit► fire ptovisioa of the and for every act and neglect of City and others Mating to or arising out of do pr+oviafou of the Services wvered Codas ilia Agreement. Any pqmcA whatber Steal ar dhaw!K shall not release Coutradar or his sureties f voro say obligations ouder the Agreement. 21.23 1 . Contractor shell not, in aaaaection with the Aseetaent, directly or indirectly (I 4 affer, confer, or agree to confer any pecuniary benefit on anyone as considerOtica for any City ofl M or eaployw.s de"oa, opinion, 1+000mmenMi04 Vcft► other exen:ise of discretion, or violation of s brown legal duty; or M offer, give, or ova to give to any= arty► gratuity for the benefit of, or at the direction or m past of, say City officer,or enq ft e. For purposes of clause Two (2}. Ogatuity" means any payment of more than nominal monetary vAm in the fbrm of cook travel, githk meaie, WOWS, loses, snbseriptiom, advances, deposit of money, Services, employment, or contracts of any kind. oe CI1Y OF SE& TWN. FLOF" I RFP S4)Z QWCouree l7fi►inA tiartpe NetUnp & Airport Ns" 12 of 15 Qoo dgan Emrok" V M1VC084F34-42FC4AC1?4M?CFE6E68 21.24 t&a-Vluslgja. Cmeacm sees that natty i% nor my of its officena, per, ahenteoremployees }lave mteaW into any a.6, 6, ,, participated in any collusion, or adrergrisa taken aety asxton which h in of a Stie competitive solicitation in connection with this Agmnsi and brat Convactisor bonds to do the work with its ovn bme fide employees or sobrenftctats and has not wwMW a response for do Una& of another cmft w. lltethmwe. Odor cardfies that Its affiliates, xWmWkde% directo offs, sad imig ee: are not ender investigation by wW l�auUhority Atui have itoR in the fast lam (10 ysan been ., . "., J or fared e for any act by taw in any j oa, lowivitrg ;, or collusion with res)reot to a resporres on my public agroematti: -aim eon-pfffl � ClThe Cow moophn that due to the Decembar 1. 2M3 wdiiae, and d b tjreof the sarviaas to be performed nectar tMs Agreemnt, It is asmidd that the We* be con ided. in a numW in a .1.' � i / with ile schedules epprovad by the Litt', as idesti5sd by the G'ity to the Caftee or shall be &&bwed in fire followriq mamw. 1. by verbal communication. Perfarnunoe/cleficia=g must be resolved by the end of the ft eommurdoation, if not; 2. Wkitten Notice will be aety� to the Cow. Perrem anodileficienq mast be oorraccod by the and of the tip MM day after the Contractor has radved die vvrimea notice, to the satisfaction of the City, if not; 3. The City maaws the wr hack perhraed ether its sates W personnel or a third party cad charge the cost aft payments due tyre Contractor. This does not relieve the fbatactor Of idated Damages.REPEATED ENCES MAY RESULT IN B TERMINATION OF THIS AGREBM EIff- 2iI.26 gtot Site Cbnd0lons. Conbutor gall be deemed to lmva examined Project Sita(ih if lat and to ban nowed fog lmour 0p of all condidow mix which the Services we to be a misled and completed. 21.27 PMhoon 21 ZWOU16 Cc shall be responsible for the s*W of its emplayea and the eciiI3ayees of its subcthe provision of the Services. Coablydar shaft be ttppOnsgale hr hiddeft —,,and supervising All safety programs in eoanection writh the provision of Ste SWAM in accordance *12 appiicebTe sAfety rawd akdms, as p v mtlpted by the United &arw Oa wpadoncrl &fcty and Hsalth Act. C _ r sbali pai�mptly to City any aocident or un�cal aaanarrnee dmiag p roe of dw Services, fnclttdlag personal iQjpry+ or death to any Cantrauor amplom sub4oatreator employee or member of the public, or any damage to say of CiWs property. the Protect lilts, or a aoeat properly. . 21.2E Law $n�jy peasons• or a�iiiates who beve beau placed on the cconvictedvaodor ist owlnga conviction hr a public entity crime may not submit a bid, proposal, or rj► on a contrail to provide any goods or services to a public entity; Ma eat sahmft a -, Act. or r+eoly oo_ a exmiract with a public entity for dre co�astiadiom or t+epair of a public bulldiog or public weak; may a submit bi& p� o�sals. 91 "Ron an leases of M1 to a public entity; gg� gat awar�laad nor pertbrm � as a con imotor, anpp a .=Wt* ' tor. or ccnstdtaat a comract with any public entity; and any cot transact th any public in access of fire duabold amount pnavWd in B. 287.017, Fiortda St hdas for f:ATBGORY TWO for a pedod of 36 mm*s knowing the date of being placed oa the couWcted vendor He. 21.29 Iudenendent Cantmemr it t onsliia. Contractor Is an iad"ent contractor to City in the pmvisioa of the Services Under this Agreement and is not an emplom agent, joint -venture, orparmer ofC2ty. ZL30 Wt . of Loss, Until the Services have been by City, risk of lass or damage to MY mg , quipment, supplies or work a, whether partially, or hilly completed, that are associated with the Setvioes shall remsia with Coaibactor. as F? O� cto� ttanQeE: `: :;,; $Ahern Nestae ' ... 8at15 Mope 0. o�Toc�b6f�4�P�#�1�,AT E6B 21.31 AIM rds. The City reserves the right to i11gw and audit CoahaeWs boob and records het to the Agnemoat, when deed appropriate by City. All sc m1bles, reports ad of Consetar, as they relate to the Agreement, ftl be retained in secordonce with Paragraph 16 above ofd& Apumert. 2132 Siavrity sud Contlda Contractor shall comply My with aft waxily pmeedu m of (3ty uft perwraheaca of flu Agreetneat. Contractor dall not dhWp�e to &W parties any bier tdatim obtained by Cormacto' or its agents. dlers, aftoamsomra, Ilion or amployeae in the omm of the pnavidm of the Services witboat do amen comm of City. 13awever. Contractor 9WI ,� perrrdtted to Moe hAma anion to third parties if sttch iAnnWo k pablidly evail1oble tlnotrgih no Hanle Canhactor, irhfmaiatian that Contractor developed Wependoody withohht relying on CW& infenna*% or hem dot Is otrawise obt ode under State nd Federal law as a pabfrc record. To insae oanFiden iality. Coubsexor d=U tattia ate mnuva as to hs pasosmel. Wets, dad subconnews. ne vwsrramtiW 0 dds paragraph :than survive die agreement. 21.33 ili IT a court deams any provision of the Agwrent void or ouah[on=ble, dw providon sball be enf wced only to the anent that it is not in violatlon of law or is not otherwise unenfo able and all other provisions shall remain in &H farce MW effect. 21.34 � Ail express ,.r: �,,.., :.dons. waivers, irhdermrifaxNans, and limi�adm of Habilaty mchWed in this Agmemad :ball survive completion or termination of the Agmam o d for say reason. 2135X /Centracct�or, :ball pay all sales, , use and odher droilarr ttaaxxess rrepq� rreed� to be WL�Nirina..�f,Yeu With to��r�aof�OWWofFlorda vdhichare applictbe to dmp mWWon of the SwAm urAw the Agreemeat. City stroll dot pay Soraoy pasoaal pmpaty taxes levied on CouMW or for dell► hates levied on Conftmt employees' wages. City is a poll" subdivision of the State of Florida and holds a State of Florida Sales Tax Exe nVilm Cartiifcam. AN phE t hasss made by City directly from a dearer, disthibuw at mmofsawret for materials. equipment or supplies ("direct pzchsse'). i mtead of the Contractor, are awmpt from sates. consumer, use and other similar taxes. UJIG w.iver• Tim delay or fdlure by City to exercise or enforce any of its runts under Iris Apennamt shall riot soul ttite or be deemed a waiver of City's right dm*Whw to cAree dhow dShts. Thor shall any single or partial exerels . of any such right preclude the City of any adw or Ruttier atarcise theraef or the exadse of any other fight. CITY OF SEBASTIAN, FLORIDA/ z RFP 2M, QW Cows DIvlrhp Renoo N E,"; , --, g i atpwt tieVIV 14 of 15 2L AtURORI'I•Y. Each perm suing the Aft wat ww that he or do i duly Auflw rind to do sa end to bind dw rapada party to the Agmmmt. IN Wi MEW WUMF, the parties hereto have c m:ed dwso p mom to be aaww4 the day and year Holed _ ATTW 1Lf : TNB CITY OF SRBAsnm FWRMA: BY: acts Alnem ` Paul L Catlisk; CW MAXMW CffT CLERc Approved as to hm end legality for Reliam by the City of Se mfm anly: r _SIP &J tw lu l--m'S' AwiTORNEY /� Ksrsa filb�ebath Ramsay, President s6zi S 1 2:20s33 Pm iwr - .._ ,.� ', �..