HomeMy WebLinkAboutR-2014-064 - Executed a renewal Agreement with Lawn Wizard USA, Inc. & increased annual amount to $270,240.00 RESOLUTION NO. 2014-064
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A RENEWAL OF AN AGREEMENT EXISTING BETWEEN THE
CITY OF DANIA BEACH, FLORIDA, AND LAWN WIZARD USA, INC.;
AUTHORIZING THE CITY ADMINISTRATION TO INCREASE THE
ANNUAL MAXIMUM CONTRACTUAL SERVICES AMOUNT FROM
$242,240.00 TO $270,240.00, RESULTING IN AN INCREASE OF $28,000.00,
FOR LANDSCAPING SERVICES TO BE PERFORMED THROUGHOUT THE
CITY; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A
SECOND AMENDMENT TO THE AGREEMENT RELATING TO THE
INCREASE OF AN AMOUNT NOT TO EXCEED $28,000.00 FOR THE
INCREASE IN THE SCOPE OF SERVICES TO LAWN WIZARD USA, INC.;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 10, 2012, Lawn Wizard USA, Inc. executed an Agreement with the
City of Dania Beach, Florida, for landscaping services to be performed throughout the City; a
copy of the Agreement is attached as Exhibit "A", and it is made a part of and incorporated into
this Resolution by this reference; and
WHEREAS, upon adoption of Resolution No. 2012-140 by the City Commission on
October 12, 2012, an increase in both the scope of work to be performed and compensation for
the additional work were approved in an amount not to exceed Nineteen Thousand Five Hundred
Dollars ($19,500.00); a copy of Resolution No. 2012-140 is attached as Exhibit `B", and it is
made a part of and incorporated into this Resolution by this reference; and
WHEREAS, as a result of the passage and adoption of Resolution No, 2012-140, a First
Amendment of the Agreement date July 10, 2012, was executed by the parties on November 1,
2012, increasing the scope of work and compensation for the additional work in the amount of
$19,500.00; a copy of the First Amendment is attached as Exhibit "C", and it is made a part of
and incorporated into this Resolution by this reference; and
WHEREAS, the current Agreement between the parties expired on July 10, 2014, and
pursuant to the Agreement, the City has an option to renew the Agreement for two (2) additional
two (2) year periods; pursuant to the Agreement, the prices provided to the City for the services
under Bid No. 12-003 are to remain firm and unchanged for the first four (4) year period of the
Agreement; and
WHEREAS, the City desires to renew the Agreement with Lawn Wizard USA, Inc., and
finds that there is a continuing need for landscaping services throughout the City; and
WHEREAS, when the City Commission approves the increase in an amount not to
exceed $28,000.00, relating to the increase in the scope of services to Lawn Wizard USA, Inc., a
Second Amendment to the Agreement will be necessary to be executed between the parties;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified, made a part of and
incorporated into this Resolution by this reference.
Section 2. That a first Renewal to the Agreement for a one (1) year period with Lawn
Wizard USA, Inc. is approved, for the continuing landscaping services to be performed
throughout the City; a copy of the Renewal Agreement is attached as Exhibit "D", and it is made
a part of and incorporated into this Resolution by this reference and it shall be retroactive to July
10, 2014, as reiterated below.
Section 3. That City Administration is authorized to increase the annual maximum
contractual services amount in an amount not to exceed $28,000.00, from a present annual
maximum cost of $242,240.00, per year, to an amended total annual maximum cost of
$270,240.00,per year.
Section 4. That the proper City officials are authorized to execute a Second
Amendment to the Agreement to commence on the date of the passage and adoption of this
Resolution, between the City of Dania Beach and Lawn Wizard USA, Inc. for the continuation of
landscaping services to be performed throughout the City; a copy is attached as Exhibit "B", and
it is made a part of and incorporated into this Resolution by this reference.
Section 5. That an increase in funding will be required to pay for costs of these
expanded contractual services and, therefore, funds in an amount not to exceed $28,000.00 will
be transferred from 001-39-06-541-46-60 into the City's General Fund, Public Services, Parks
Maintenance Division Repairs & Maintenance Grounds Account, Account No. 001-39-04-539-
46-50.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
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Section 7. That this Resolution shall be in force and take effect upon its passage and
adoption.
PASSED AND ADOPTED on August 26, 2014.
ATTEST: O�A�'S F1
LOUISE STILSON, CMC , �` WALTER B. DUKE, III
CITY CLERK MAYOR
APPROVED AS TO FO AND CORRECTNESS:
THO J. B
CITY A O EY
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AGREEMENT
THIS IS AN AGREEMENT ("Agreement'), dated July 10, 2012, between the City of
Dania Beach, Florida, a municipal corporation ("City'l, having an address at 100 West Dania
Beach Boulevard, Dania, Florida 33004, and Lawn Wizard USA, Inc., a Florida corporation
("Contractor"),having an address at 4406 NE 6s'Avenue,Oakland Park,Florida 33334.
In consideration of the mutual terms, conditions, promises, covenants and payments set
forth in this Agreement, the sufficiency and receipt of which are acknowledged, City and
Contractor agree as follows:
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ARTICLE 1
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement,
and to generally express the objectives and intentions of the parties, the following statements,
representations and explanations are the predicates for the undertakings and commitments
included within the provisions which follow, and may be relied upon by the parties as essential
elements of the mutual considerations upon which this Agreement is based.
1.1 The Contractor, for the consideration fully set out below, shall furnish all the
materials, equipment and labor to perform all work necessary to complete the landscaping
maintenance located throughout the City of Dania Beach, Florida (see attached Exhibit "A"
"Scope of Services", which Exhibit is made a part of and is incorporated into this Agreement by
this reference).
1.2 The City authorized the proper City officials to enter into this Agreement with
Contractor to maintain the landscaping throughout the City.
ARTICLE 2
SERVICES AND RE
2.1 Contractor agrees to do everything required by this Agreement and to comply with
any and all other provisions in the Invitation to Bid documents,which are made a part of and are
incorporated into this Agreement by this reference. Contractor also agrees to perform all clean-
up and bear the expense of any off-site disposal, which is or may be necessitated by its work on
and around the landscaping maintenance sites.
2.2 Contractor agrees that all work performed under this Agreement shall be done in a
professional manner and that Contractor's efforts will produce a quality result.
2.3 Contractor represents to City, with full knowledge that City is relying upon these
representations when entering into this Agreement with Contractor, that Contractor has the
expertise, experience and work force sufficient to timely perform the services to be provided by
Contractor,pursuant to the terms of this Agreement.
2.4 Contractor represents to City that Contractor is properly licensed by all applicable
federal,state and local agencies to provide the services specified under this Agreement. If any of
the Contractor's licenses are revoked, suspended or terminated for any reason by any
governmental agency,Contractor shall notify the City immediately.
2.5 Contractor agrees to conduct all work and services under this Agreement in
accordance with all applicable federal, state and local laws and regulations. Contractor will
identify all governmental authorities and agencies having jurisdiction to approve work involved
in the landscaping maintenance and Contractor agrees to obtain all permits and approvals from
any and all such governmental authorities which have jurisdiction. If permitted by the permitting
agency,and if City can realize a cost savings by such action, City may authorize the Contractor
to seek required permits on behalf of and in the name of City as its Contractor, provided,
however,that Contractor agrees to fully indemnify and hold harmless the City in all respects as a
result of the obtaining of any and all such permits and approvals.
2.6 The City's Parks and Landscape Supervisor, Leah Connolly, or her designated
representative, Michael Rodriguez, Equipment Operator, will be the persons through whom the
Contractor must communicate all information pertaining to the landscaping maintenance.
2.7 Contractor shall guarantee the entire landscape maintenance work against poor
workmanship and faulty materials for a period of one (1) year after final payment and shall
immediately correct any defects which may appear during this period upon written notification
by the City's Parks and Landscape Supervisor, Leah Connolly, or her designated representative,
Michael Rodriguez, Equipment Operator. Contractor waives any and all rights to claim any
statute of limitations defense as to any condition that may arise under this guarantee.
ARTICLE 3
TERMS AND CONDITIONS
3.1 This Agreement may be terminated by City if Contractor fails to perform the work
to City's sole and reasonable approval, after City sends written notice of any deficiency to
Contractor and Contractor does not cure such deficiency within seven(7) days from the date of
such notice. In such event, the Contractor shall be paid compensation for improvements made
toward completion of the Project, if such improvements meet City's le and reasonable
approval, which approval will not be unreasonably withheld. In the event that the Contractor
abandons the work specified in this Agreement or causes it to be terminated, Contractor shall
indemnify the City against any loss pertaining to its abandonment up to a maximum of the
amount to be paid under this Agreement. All finished or unfinished materials, documents and
reports prepared by Contractor shall become the property of City and shall be delivered by
Contractor to City before payment, if any,is made to Contractor by City.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
4.1 This Agreement is for an amount not to exceed Two Hundred Twenty Two
Thousand,Seven Hundred Forty and no/100 Dollars($222,740.00). The term of this Agreement
will be for a two(2)year period from date of execution of it,with the option of the City to renew
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the Agreement for two (2) additional two (2) year periods, with prices firm for the first four (4)
years by mutual consent, in writing, by both parties. For a second renewal, prices may not be
adjusted beyond the applicable Consumer Price Index. The successful bidder shall supply a
Performance Bond for 110% of the awarded bid amount made payable to the City of Dania
Beach within ten(10)days of notification of award of Contract.
4.2 Subject to the provisions of this Agreement,the amount of each progress payment
shall be computed as follows:
a) Take that portion of the Contract Sum properly allocable to completed Work
as determined by multiplying the percentage of completion of each portion of the Work by the
share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values,
less retainage of ten percent (10/6) until fifty percent (50%) completion and after fifty percent
(50%) completion, reduce to five percent (51/6) the amount of retainage withheld from each
subsequent progress Payment.
b) Add that portion of the Contract Sum properly allocable to materials and
equipment delivered and installed, less the applicable retainage. No sums shall be due for
materials stored on or off site not yet installed.
c) Subtract the aggregate of previous payments made by the City;and
d) Subtract amounts,if any,which the Consultant has withheld or nullified.
4.3 The total compensation above may not be exceeded without a written amendment
to this Agreement executed by the authorized agents of both parties.
4.4 Payment will be made to Contractor at:
Lawn Wizard USA,Inc.
4406 NE 6m Avenue
Oakland Park,Florida 33334
4.5 The making and acceptance of the work shall constitute a waiver of all claims by
the City, except for any or all claims arising from the guarantee set forth above, unsettled liens,
lawsuits, deficiencies or faulty work appearing within one (1) year after final payment, or from
any variations from the requirements of the specifications for the landscaping maintenance. The
acceptance of payment shall constitute a waiver of all claims against City by the Contractor.
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4.6 Contractor shall,before final payment is made by City,provide City with copies of
releases of all liens from any and all subcontractors, materials' providers and the like, who or
which supplied or furnished any labor, services or materials that were used in the Project.
Contractor shall then famish the City a"No Lien Affidavit". Final payment shall be made upon
submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills
and other costs incurred by the Contractor in connection with the work have been paid in full,
and after all guarantees and specifications for products, and materials incorporated into the
project that appear in this Agreement and as otherwise set forth in the specifications have been
furnished to and found acceptable by the City.
ARTICLE 5
CHANGES W SCOPE OF WORK
5.1 City or Contractor may request changes that increase,decrease or otherwise modify
the Project, as described in this Agreement. 'These changes may affect the compensation
specified above and, if so, they must be described in a written amendment, executed by the
authorized agents of both parties,prior to any deviation from the terms of this Agreement. In no
event will Contractor deviate or permit deviation from the work described in this Agreement or
the Specifications without City's advance written consent.
ARTICLE 6
PROTECTION OF CITY'S PROPERTY
6.1 At all times during the performance of this Agreement,the Contractor shall protect
the City's property from all damage whatsoever on account of Contractor's performance of work
toward completion of the Project described by this Agreement.
ARTICLE 7
MENNIFICATION
7.1 The selected Contractor shall, in addition to any other obligation to indemnify the
City and to the fullest extent permitted by law,protect, defend, indemnify and hold harmless the
City, including its agents, elected officials and employees from and against all claims, actions,
liabilities,losses(including economic losses),or costs arising out of any actual or alleged:
(a) bodily injury,sickness,disease or death,or injury to or destruction of tangible
property including the loss of use resulting from, or any other damage or loss
arising out of or resulting or claimed to have resulted in whole or in part from any
actual or alleged act or omission of the Contractor, anyone directly or indirectly
employed by any of them,or anyone for whose acts any of them may be liable in
the performance of the work;
(b) any violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent rights by Contractor in the performance of
the work;
(c) liens,claims,actions made by the Contractor or other party performing the work;
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(d) claims of whatsoever nature related to collection practices or any actions of a
contradictory nature pursuant to Contract or in an attempt to collect monies due or
claimed to be due to the City.
ARTICLE 8
INSURANCE
8.1 The Contractor shall not commence work under this Agreement until Contractor
has obtained all insurance required by the City, as specified below and coverages and insurance
have been approved by the Risk Manager of the City. The Contractor shall not allow any
subcontractor to commence work on any subcontract until the subcontractor, as provided in
Section 9, below, and all coverages required of any subcontractor, have been approved by City.
In addition, Contractor shall be responsible for any policy deductibles and self-insured
retentions.
8.2 Contractor shall provide Certificates of Insurance with the City,reflecting evidence
of the coverages immediately upon the execution of this Agreement. These Certificates shall
contain a provision that coverages afforded under these policies will not be canceled until at least
thirty(30) days' prior written notice has been given to the City. Policies for coverages shall be
issued by companies authorized to do business under the laws of the State of Florida and any
such companies' financial ratings must be no less than"A" in the latest edition of the "BEST'S
KEY RATING GUIDE",published by A.M. Best Guide.
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of this Agreement is satisfactorily completed as evidenced by the formal acceptance by the City.
In the event insurance certificates provided to City indicate that the insurance shall terminate and
Lapse during the period of this Agreement,then in that event,the Contractor shall furnish, at least
thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of
Insurance as proof that equal and like coverages for the balance of the period of the Agreement
and any extension of it are in effect. THE CONTRACTOR SHALL NOT PERFORM OR
CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS ALL
COVERAGES REMAIN IN FULL FORCE AND EFFECT, SUCH DELAY BEING
SUBJECT TO ANY APPLICABLE PROVISIONS DESCRIBED IN THIS AGREEMENT.
ARTICLE 9
REQUIRED INSURANCE COVERAGE
9.1 The following insurance must be provided:
9.1.1 General Liability Insurance, which includes coverage for death,
bodily injury and property damage, products and completed operations and contractual liability
with limits of not less than One Million Dollars($1,000,000.00)per occurrence. The City shall
be named as an"additional insured"under the general liability policy including product liability.
The "additional insured" clause shall be a rider or endorsement issued by the insurance home
office,not by a local agent.
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9.11 Workers' Compensation insurance shall be maintained b Contractor
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and any Subcontractor during the life of this Agreement and provide coverage with statutory
limits Part A,and Five Hundred Thousand Dollars($500,000.00)Part B,Employer's Liability.
9.13 Comprehensive Auto Liability insurance shall be provided with limits
of not less than One Million Dollars ($1,000,000.00) per occurrence combined single limit to
include coverage for death,bodily injury and property damage for owned,hired,and non-owned
vehicles. The City shall be named as an"additional irL%n+ed"under this policy.
MA For any architect, engineer or both, professional liability coverage,
including errors&omissions coverage,shall be provided with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual
aggregate. The City shall be named as an"additional insured"under this policy with respect to
this project.
The Contractor shall hold the City, its agents and employees, harmless on account of
claims for damages to persons,property or premises arising out of the operations to complete the
Project. The City reserves the right to require Contractor to provide and pay for any other
insurance coverages that the City deems necessary, depending upon the possible exposure to
liability.
ARTICLE 10
INDEPENDENT CONTRACTOR
10.1 This Agreement does not create an employee/employer relationship between the
parties. Contractor agrees that it is not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wages' laws and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the Florida Workers'
Compensation Act, and the Florida unemployment insurance law. The Contractor shall retain
sole and absolute discretion and exercise its judgment as to the manner and means of carrying
out Contractor's activities and responsibilities toward completion of the Project. Administrative
procedures applicable to services rendered under this Agreement shall be those of Contractor,
which policies of Contractor shall not conflict with City,H.U.D.,or United States policies,rules
or regulations relating to the use of Contractor's funds provided for in this Agreement The
Contractor agrees that it is a separate and independent enterprise from the City, that it has full
opportunity to find other business,that it has made its own investment in its business,and that it
will utilize a hi level of skill to perform the work. This shall not be
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construed as creating any joint employment relationship between the Contractor and the City and
the City will not be liable for any obligation incurred by Contractor, including but not limited to
unpaid minimum wages,overtime premiums or both.
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ARTICLE 11
DEFAULT OF AGREEMENT AND REMEDIES
11.1 Liquidated Damages. It is mutually agreed between the parties that time is of
the essence of this Agreement, and in the event the Project is not completed within the time and
in the manner specified in this Agreement, it is agreed that from the compensation otherwise to
be paid to the Contractor, the City may retain the sum of Two Hundred Fifty Dollars ($250.00)
per day for each day thereafter, Sundays and holidays included, that the work remains
uncompleted and the City is denied full benefit of completion of the Project,which sum City and
Contractor agree represents the damages the City will have sustained per day for the failure of
the Contractor to complete the Project within the time stipulated. The parties agree that this sum
is not a penalty.
11.2 Remedies in Default. In case of any default by Contractor, the City, through
City's Parks and Landscaping Supervisor, or her designated representative, shall notify the
Contractor, in writing,of such default and direct Contractor to comply with all provisions of the
Agreemen. A copy of such written notice shall be mailed to the Surety on the Bond, or the
lending institution named in the Irrevocable Letter of Credit (the "Bank"), whichever is
applicable. If Contractor does not cure such default within seven(7)days of the date after notice
was sent by City,City may declare a default of this Agreement and will notify the Contractor and
the Surety or Bank of such declaration of default in writing and terminate the Agreement.
11.2.1 Within ten(10) days of such declaration of default, the Surety on the
Bond shall, at its own cost and expense, rectify or cause to be rectified the default and also
contract with a replacement contractor to be approved by City. Surety's replacement Contractor
will assume the work of Contractor and complete performance of the work of the Project under
the Agreement within thirty (30) days of City's approval of Surety's replacement Contractor.
The Surety shall receive payment equal to what would have been paid the Contractor had the
Contractor continued to perform the work under the Agreement, less any compensation paid to
Contractor by City and less all sums due the City for any damages suffered or any expenses
incurred,or both,by reason of Contractor's default. Alternatively, if applicable,City shall notify
Bank that the Irrevocable Letter of Credit is required to be honored and payment immediately
made to City.
11.2.2 If such Surety or Bank fails to perform any of its obligations as
described above, the City may complete the Project, or any part of it, either by day labor or re-
letting a contract("Default Contract') for the same, and procure the equipment and the facilities
necessary for the completion of the Default Contract, and charge the cost of same to the
Contractor,the Surety,or both,together with the costs incident to such default.
11.23 In the event the City completes the Default Contract at a lesser cost
than would have been payable to the Contractor under this Agreement, if the same had been
fulfilled by Contractor,City shall retain such difference. Should such cost to the City be greater,
then the Contractor,the Surety,or both shall pay the amount of such excess to the City.
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BANKRUPTCY
12.1 It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or
involuntarily, then this Aft shall terminate effective on the date and at the time the
bankruptcy petition is filed and Contractor will automatically be in default of this Agreement and
the provisions of Article 11 will be enforced at City's discretion.
ARTICLE 13
DISPUTE RESOLUTION
13.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question
between City and Contractor arising out of, relating to or pertaining to this Agreement, the
breach of it,the services of it,or the standard of performance required in it,shall be addressed by
resort to non-binding mediation as authorized under the laws and rules of Florida; provided,
however, that in the event of any dispute between the parties, the parties agree to first negotiate
with each other for a resolution of the matter or matters in dispute and, upon failure of such
negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is
unsuccessful, any such matter may be determined by litigation in a court of competent
jurisdiction in Broward County,Florida, or the Federal District Court of the Southern District of
Florida and appropriate appellate courts for such venue and jurisdiction. In any litigation, the
parties agree to each waive any trial by jury of any and all issues. In the event of any litigation
which arises out of pertains to, or relates to this Agreement, the breach of it, or the standard of
performance required in it,the prevailing party shall be entitled to recover reasonable attorneys'
fees from the non-prevailing party, subject to the limits of this paragraph. Where the prevailing
party is awarded compensatory damages from the non-prevailing party,the amount of attorneys'
fees shall not exceed the amount of compensatory damages. If no compensatory damages are
awarded, the prevailing party is entitled to reasonable attorneys' fees, which entitlement and
award shall not exceed the total amount payable as Contractor's compensation under this
Agreement.
13.2 Operations During Dispute.
13.2.1 In the event that a dispute, if any, arises between the City and the
Contractor relating to this Agreement,or its performance or compensation,the Contractor agrees
to continue to render service in full compliance with all terms and conditions of this Agreement
as required by the City.
13.2.2 Notwithstanding any other provisions in this Agreement, whenever
any service provided by the Contractor fails to meet City's reasonable approval, the City will
have the right to terminate the Agreement seven(7) days after the date when the written notice
was sent by City of the deficiency,if Contractor has not cured such deficiency within that time.
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ARTICLE 14
MSCELLANEOUS
14.1 Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement, and
accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply to this Agreement due to the joint contributions of both parties.
14.2 Records. Contractor shall keep such records and accounts and require any and
all subcontractors to keep records and accounts as may be necessary in order to record complete
and correct entries as to personnel hours charged to this engagement,and any expenses for which
Contractor may attempt to claim reimbursement. Such books and records will be available at all
reasonable times for examination and audit by City and shall be kept for a period of three (3)
years after the completion of all work to be performed pursuant to this Agreement. Incomplete
or incorrect entries in such books and records will be grounds for disallowance by City of any
fees or expenses based upon such entries.
14.3 Assipnmeats. Subcontracts and Amendment4. This Agreement, and any
interests in it, shall not in whole or in part be assigned, subcontracted.,transferred in any way or
otherwise encumbered,under any circumstances by Contractor without the prior written consent
of City. For purposes of this Agreement, any change of ownership of or controlling interest in
Contractor shall constitute an assignment which requires City approval. Violation of the terms
of this paragraph shall constitute a breach of this Agreement by Contractor and City may, in its
discretion, cancel this Agreement and all rights of Contractor under this Agreement will
terminate.
It is further agreed that no modification, amendment or alteration of the terms or
conditions contained in this Agreement shall be effective unless contained in a written document
executed by the authorized agents of the parties.
14A No Contingent Fees. Contractor warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for the Contractor to
solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for Contractor
any fee, commission, percentage, gift or other consideration contingent upon or resulting from
the award or making of this Agreemem. For the breach or violation of this provision, the City
shall have the right to terminate the Agreement without liability and, in its discretion, to deduct
from the Agreement price, or otherwise recover the full amount of such fee, commission,
percentage,gift or consideration
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14.5 Notice. Whenever any party desires to give notice to the other party, it must be
given by written notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended. The places for giving of notice shall remain as set
forth below until they shall have been changed by written notice in compliance with the
provisions of this section For the present,the Contractor and the City designate the following as
the respective persons and places for giving of notice:
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City: Parks and Landscaping Supervisor
Attn: Leah Connolly
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach,Florida 33004
Copy to: Thomas J.Ansbro,Esq., City Attorney
100 West Dania Beach Boulevard
Dania Beach,Florida 33004
Contractor: Lawn Wizard USA,Inc.
4406 NE 6"Avenue
Oakland Park,Florida 33334
14.6 Binding Authority. Each person signing this Agreement on behalf of either
party, individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and is authorized to bind and obligate such
party with respect to all provisions contained in this Agreement.
14.7 Headinas. Headings in this Agreement are for the convenience of reference
only and shall not be considered in any interpretation of this Agreement.
14.8 Exhibits. Each Exhibit referred to in the Invitation to Bid documents are an
essential part of this Agreement. The exhibits, if not physically attached, are treated as parts of
this Agreement and are made a part of and are incorporated into this Agreement by this
reference.
14.9 Severability. If any provision of this Agreement or application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable, shall not be affected, and shall continue
in full force and effect,and shall be enforced to the f Blest extent permitted by law.
14.10 Governing Law. This Agreement shall be governed by the laws of the State of
Florida with venue lying in Broward County,Florida
14.11 Extent of Agreement. This Agreement represents the entire and integrated
Agreement between the City and the Contractor and supersedes all prior negotiations,
representations or agreements,either written or oral.
14.12 Waiver. Failure of the City to insist upon strict performance of any provision or
condition of this Agreement, or to enforce any right contained m it, shall not be construed as a
waiver or relinquishment for the future of any such provision, condition or right, but the same
shall remain in full force and effect.
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14.13 Conflcc-t. In the event there is a conflict between any of the terms in any of the
documents contained in the Invitation to Bid documents or in any Exhibit as part of this
Agreement and any terms of this Agreement,the terms of this Agreement shall prevail.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY:
CITY OF DANIA BEACH,FLORIDA
ATTEST: a municipal corporation
Vl6'Zwt.L �07rJ
Louise Stilson,CMC Patricia Flury
City Clerk Ma
APPRO FORM
AND CO OR SS: dwin
City Manager
J.Ansko
Ci
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CONTRACTOR:
LAWN WIZARD,INC.,
�^ a Florida corporation
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Title
STATE OF FLO A
COUNTY OF DMJ
BEFORE ME, an officer duly authorized by law to inise oaths and take
acknowledgments,personally appeared } as t of Lawn
Wizard, Inc.,a Florida corporation,on behalf of the c4poration,and acknowledged execution of
the foregoing Agreement for the use and purposes mentioned in it and that the instrument is the
act and deed of the Contractor. ��JJ
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PRINT Name of Notary
My Commission Expires:,q_ 2 3 43
11
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EXHIBIT"A"
SCOPE OF SERVICES
The Contractor,Subcontractor or a supervisor doing tree pruning must comply with Dania Beach
City Code of Ordinances, Chapter 26,Article III, Section 26-32,requiring a firm or person to be
a member in good standing with the"International Society of Arboriculture"and Section 26-35,
Definitions, as well as all applicable sections of Articles 39V and XV of the Broward County
Code. Contractor must provide proof of certification by,or acceptance of,persons or firm by the
"National Arborist Association."
A. Contractor shall maintain the contractually covered grass Areas at the
prescribed frequency rate with conventional production style mowing and
lawn maintenance equipment. Any exceptions to the specific schedule shall
be granted by Leah Connolly, Parks and Landscaping Supervisor (the
"Supervisor")or her designee Michael Rodriguez,Equipment Operator.
B. Mowing shall be done at a height of three(3)inches each cut. The Contractor
shall mow all grass at the following intervals:
April 1 through November 30: Once every ten(10)calendar days
December 1 through March 30: Once every fourteen(14)calendar days
This calendar will have a total of thirty-four(34) cuts per year. This schedule
shall be modified by the Supervisor or her designee to either increase or
decrease the number of cuttings per year. I& in the opinion of the City, a
modification due to abnormal conditions is deemed nay, the City will
notify the Contractor as far in advance as reasonably possible of any
maintenance requirement changes.
C. Contractor shall fertilize all grass areas three (3)times per year in March, July,
and October, weather permitting. A NPK 24-2-11 fertilizer with no less than
2% water insoluble nitrogen and 4Wo organic filler shall be used in March.
Atrazine and 13-3-13 slow release fertilizer shall be used in October. Trees are
to be fertilized three (3) times a year in March, July and October with a palm
special 13-3-13 fertilizer with slow release potassium. Manufacturers'
recommended rate of application will apply for all three compositions. The
chemical composition of the fertilizer must be approved by the City prior to
application to check for appropriate trace minerals. The Supervisor or her
designee must be notified at least twenty-four(24)hours prior to application of
fertilizer for verification of use and type. Fertilization, including provision of
the fertilizer,is considered a part of the maintenance function in its entirety.
D. Upon arrival at a job site for the cutting operation, the Contractor shall
immediately survey the Area to remove all litter, glass, rocks, dead foliage and
debris, subject to them becoming a projectile if engaged by a mower. All grass
12
clippings, vegetative trimmings and existing overburden shall be blown from
the street and walk areas on the same day maintenance is performed prior to
leaving the site. Raking of leaves and other debris shall be performed at the
base of the shrubbery and all other areas to maintain a neat and aesthetic
appearance. Contractor shall remove all waste materials from the maintenance
Areas of operation and properly dispose of all waste materials at the Public
Services Site. Debris is not to be blown into streets or onto a pedestrian
pathway. Pathways and sidewalks shall be blown clear or swept prior to leaving
the site.
E. Contractor shall trim all hedges and shrubs to a uniform height during each site
visit. Hedge material located in the medians shall be trimmed so as not to
exceed three(3)feet in height and may not overlap the curbing. Some areas are
to be hand premed as needed,or required.
F. Tree trimming shall be required in all Areas under Contract. Trees shall be
trimmed to a minimum clearance height of eight (8) feet. Tree suckers (water
sprouts) are to be removed as they grow. The Contractor shall trim all
overgrowth where it obstructs or restricts sight distance view of vehicles, i.e.,
limbs hanging into the roadway from the median or swale or landscaping taller
than thirty(30)inches. Contractor shall also be responsible for removing limbs
from the roadway that emanate from Areas under Contract. The Contractor
shall be alert to remove traffic hazards (such as, but not limited to the
obstruction of stop signs and other roadway signs) or unsafe conditions caused
by tree limb obstruction during each site visit. Dead palm fronds shall be
disposed of along with daily trash pickup during normal maintenance
frequencies. The Supervisor or her designee will address any possible variation
to this on an individual basis. This Area may be subcontracted and is listed as a
separate item on the bid proposal sheet. The streetscape on US-1 is under
construction. Trees and landscaping in that corridor will also be maintained by
Contractor.
G. Edging shall be done along all sidewalks, curbs, blacktops, walkways, asphalt
paths and road edges with a gas operated edger during each site visit. Grass
shall also be edged back where it encroaches upon the street from the swale or
other areas. Edged material shall be swept and collected for disposal by the
Contractor.
H. Weeding shall include, but is not limited to, ornamental beds, bases of
shrubbery and hedges, sidewalks, curb lines and any other areas where weeds
exist,including medians devoid of grass. Weeds may either be manually pulled
or sprayed with "Round-Up" or a similar type of herbicide, approved by the
Supervisor or her designee. Weeding or spraying shall occur at least monthly
on all areas, especially medians with significant landscape. All tree beds are to
be completely clear of weeds at all times. Weed control must only be applied
when there is no danger of accidental application that will damage surrounding
13
•
trees, shrubbery,groundcover or other vegetation. Weeds must be controlled by
hand if the conditions are not favorable for spraying herbicide. It is imperative
that all safety requirements of dispersing herbicides be carefully followed.
Copies of instructional material on herbicide application are available at the
Broward County Extension Agency,in the Town of Davie. Any applicator shall
be thoroughly familiar with its contents for personal and public safety.
I. Herbicide applications must be performed by a Certified Pest Control Operator
who must hold a Lawn and Ornamental Certificate issued by the Florida
Department of Health and Rehabilitative Services, Entomology Service
Division All pesticide application classified as restricted use shall be carried
out by a certified applicator or under the direct supervision of a certified
applicator. It is also required that when applying any herbicides to areas of
heavy pedestrian traffic, such as City Hall, spray application warning flags are
to be clearly displayed to designate the Areas.
I Weed eating shall be done around all fixed objects exposed in the turf,including
but not limited to trees,poles,posts,irrigation heads or any other fixhu+es found
in such settings. Weed eating shall be done with string trimmer with careful
attention around trees to ensure that the tree does not girdle. Many trees have
rings around the base to prevent this type of injury; if there is not a ring around
the tree,attention must be brought to the Supervisor or her designee to provide a
K. Evidence of insects shall be brought to the attention of the Supervisor or her
designee•
L. The Contractor shall inform the Supervisor or her designee of any immediate
safety hazard, or vandalism including graffiti upon discovery in the field. The
Contractor shall contact the City of placement of barricades where hazards exist
to safeguard the Area until the situation can be corrected. The Contractor shall
contact the City if any holes are found constituting a hazard.
M. The Contractor, upon completion of mowing a section, shall inform the
Supervisor or her designee of any damage to the irrigation system, and it shall
be repaired or replaced and returned to operating condition within twenty-four
(24)hours. The Contractor must notify the Supervisor or her designee when the
situation has been rectified
N. All Areas are to be maintained in a condition acceptable to the Supervisor or her
designee. Work is to be completed Monday through Saturday starting no earlier
than 7:00 A.M.and must end by sunset or 7:00 P.M.,whichever is earlier.
O. When mowing in traffic medians, personnel are required to wear safety vests.
Proper safety signage,cones, flagmen or other warning devices shall be used to
alert motorists of work in the Area. All signs shall be temporary and must be in
14
accordance with the Florida Department of Transportation. OSHA standard
shall be utilized where applicable.
is
15
RESOLUTION NO.2012-140
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, INCREASING THE SCOPE OF WORK TO BE
PERFORMED BY LAWN WIZARD USA, INC., IN THE AMOUNT OF
$19,500.00 FOR ADDITIONAL LANDSCAPE WORK FOR GROUNDS AND
RIGHT-OF-WAY MAINTENANCE ON US-1 FROM GRIFFIN ROAD TO
STMLING ROAD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS,on June 26,2012 the City Commission approved Resolution No.2012-080,
which awarded a contract to Lawn Wizard USA,Inc. for grounds and Right-of-Way maintenance
in the amount of$222,740.00;and
WHEREAS,when the project was awarded to Lawn Wizard,the portion of Griffin Road
to Stirling Road, including the triangle at the intersection of US-1 and Griffin Road was
inadvertently left out of the maintenance agreement and needs to be addressed;-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CONINIISSION OF
THE CITY OF DANIA BEACH,FLORIDA:
Section 1 That the foregoing findings are incorporated by reference and made a part
of this Resolution.
Section 2. That the City of Dania Beach, Florida, authorizes the additional work to
Lawn Wizard USA, Inc., in the amount of $19,500.00 (in addition to the original contract
amount of$222,740.00), and authorizes and directs the City Manager to execute the documents
for the additional work with Lawn Wizard USA, Inc., increasing the total contract amount to
$242,240.00.
3ecdon 3. That funding for the costs of this contract is available in General Fund,
Public Services,Streets Maintenance Division,Ground Maintenance in object number 46-50.
Section 4. That all resolutions or parts of Resolutions in conflict with the provisions
of this Resolution are repealed.
Section 5. That this Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED on October 23,2012.
ATTEST:
.. LOUISE STILSON,C C PATRICIA A.FLUKY
CITY CLERK MAYOR
APPROVED AS TO FO CORRECTNESS: ?
r
1
THO R
CITY ATTORNEY
2 RESOLUTION#2012-140
FIRST AMENDMENT TO AGREEMENT
THIS IS AN AMENDMENT TO AN AGREEMENT (the "Amendment") dated as of
N01/6-7778tFZ / , 2012, and it is entered into between the CITY OF DANIA BEACH,
FLORIDA, a municipal corporation, having an address at 100 West Dania Beach Boulevard,
Dania Beach,Florida 33004(the"City'l, and LAWN WIZARD USA,INC.,a Florida corporation
("Lawn Wizard'l having an address of 4406 N.E.a Avenue,Oakland Park,Florida 33334.
RECITALS
The City and Lawn Wizard entered into an Agreement dated July 10, 2012 (the
"Agreement'). A copy is attached as Exhibit"A",which is made a part of and incorporated into
this Amendment by this reference. The City and Lawn Wizard wish to amend the Agreement.
NOW,THEREFORE,in consideration of the mutual covenants described above and the
agreements contained below, and for other good and valuable consideration, the receipt and
sufficiency of which are acknowledged,the parties agree as follows:
1. The above recitals are true and correct and they are incorporated into this
Amendment as if set forth in full.
2. All defined terms in this Amendment shall have the same meaning as those
appearing in the Agreement.
3. Attached as Exhibit"B"is the memorandum from the Public Services Department
Director, referencing an additional Scope of Work to be performed by Lawn Wizard; also
attached is Exhibit "C", which is the original Proposal from Lawn Wizard referencing the
amount for the additional work would not exceed the amount of Nineteen Thousand Five
Hundred Dollars ($19,500.00); the Exhibits are made a part of and incorporated into this
Amendment by this reference.
4 Except as amended and modified by this Amendment, all of the terms, covenants,
conditions, and agreements of the Agreement shall remain in full force and effect. In the event
of any conflict between the provisions of the Agreement and the provisions of this Amendment,
this Amendment shall control.
IN WITNESS OF THE FOREGOING, this First Amendment is effective upon its
complete execution by both parties:
CITY:
CITY OF DANIA BEACH,FLORIDA,
a municipal corporation of the State of
Witnesses: Florida
Siguttre rfiWbert'fWdwin,City Manager
TNa ll�ed: *#V9m&-Z /,2012
w
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PRINT Name uI7•_ ATTEST:
s nKt Louise Stilson,CMC,City Clerk
i APPROVED AS TVFOF AND LEGAL
-� SUFFICIENCY•
'I'h J. 1ty Aiforney I
CONTRACTOR:
LAWN WIZARD USA,INC.,
WITNESSES: a Florida corporation
a7 A fv-r
Sig#tye S
PRINT Name
tore
PRINT Name
2
First Amendment to Agreement
dated July 10,2012
STATE OF FLORIDA
COUNTY OF BROWARD
The oregoing instrument was acknowledged before me on &raig� 7-1, 2012, by
as &gj ka1.T— of Lawn Wizard USA, Inc., a Florida
corporation, on behalf of the corporation. He/she/they is/are personally known to me or have
produced ,as identification and did(did not)take an oath.
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NOT Y P B C
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My Commission Exp> PRINT Name of Notary Public
NOT .-I-STATE OF VIM
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3
First Ameadment to Agreement
dated July 10,2012
EXHIBIT "D"
FIRST ONE (1)YEAR RENEWAL OPTION OF AGREEMENT BETWEEN THE CITY
OF DANIA BEACH AND LAWN WIZARD USA, INC.
This is a Renewal of an Agreement (the "First Renewal"), which Agreement, dated July
10, 2012 (the "Agreement") exists between the City of Dania Beach, Florida, a Florida municipal
corporation (the "City") and Lawn Wizard USA, Inc., a Florida corporation (the "Contractor")
for landscaping maintenance located throughout the City of Dania Beach,Florida.
The City executed the initial Agreement with Lawn Wizard USA, Inc., on July 10, 2012,
which Agreement had an initial term of two (2) years and was to expire on July 10, 2014. The
City had an option of renewal of the Agreement for two (2) additional two (2) year periods; a
copy of the Agreement is attached as Exhibit "A", and it is made a part of and incorporated into
First Renewal of the Agreement by this Reference.
On November 1, 2012, an Amendment was made to the Agreement, which increased both
the scope of work and compensation to Lawn Wizard, USA, Inc., for landscaping maintenance
within the City; a copy of the Amended Agreement is attached as Exhibit `B", and it is made a
part of and incorporated into this Renewal Agreement by this Reference.
The City and Contractor now wish to renew the Agreement utilizing one (1) year of the
first additional two (2) year renewal option.
In consideration of the mutual covenants, terms and conditions contained in the
Agreement and in this First Renewal of it, and for other good and valuable consideration, the
adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the
following:
1. That this First Renewal of an additional one (1) year (of the first two (2) year
option period identified in the agreement) is accepted by both parties to the Agreement, and is
retroactive to July 11, 2014, and shall remain in effect up to and through July 11, 2015.
2. The City agrees to pay the Contractor a sum in an amount not to exceed Two
Hundred Forty Two Thousand Two Hundred Forty Dollars ($242,240.000), during the one (1)
year of this First Renewal period.
3. That in all other respects, the Agreement is ratified and reaffirmed and remains in
full force and effect.
4 RESOLUTION#2014-064
IN WITNESS OF THE FOREGOING, the parties have executed this First Renewal of
Agreement and it shall be retroactive to July 10, 2014.
CITY:
ATTEST: CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
LOUISE STILSON, CMC ROBERT BALDWIN
CITY CLERK CITY MANAGER
DATED: 92014
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
5 RESOLUTION#2014-064
CONTRACTOR:
LAWN WIZARD USA, INC., a Florida
ATTEST: corporation
Signature Signature
PRINT Name PRINT Name
TITLE
STATE OF FLORIDA
COUNTY OF
BEFORE me on , 20149 personally appeared
as of LAWN WIZARD
USA, INC., a Florida corporation, on behalf of the corporation, who acknowledged execution of
the foregoing First Renewal of Agreement dated July 10, 2012, for the use and purposes
mentioned in it, and that the execution of the instrument is the sole act and deed of the
Contractor. Such person is personally known to me or has produced
as identification.
NOTARY PUBLIC
State of Florida
PRINT Name of Notary
My Commission Expires:
6 RESOLUTION#2014-064
EXHIBIT "E"
SECOND AMENDMENT TO AGREEMENT
THIS IS A SECOND AMENDMENT to an Agreement (the "Second Amendment")
which Agreement is dated July 10, 2012, existing between the City of Dania Beach, Florida, a
municipal corporation, having an address at 100 West Dania Beach Boulevard, Dania Beach,
Florida 33004 (the "City"), and Lawn Wizard USA, Inc., a Florida corporation (the "Contractor")
having an address of 4406 NE 6th Avenue, Oakland Park, Florida 33334. A copy of the
Agreement is attached as Exhibit"A", and it is made a part of and incorporated into this Second
Amendment by this reference.
RECITALS
On November 1, 2012, a First Amendment was made to the Agreement, which increased
both the scope of work and compensation in an amount not to exceed Nineteen Thousand Dollars
($19,000.00)to be paid to the Contractor for landscaping maintenance within the City; a copy of
the First Amendment is attached as Exhibit `B", and it is made a part of and incorporated into
this Second Amendment by this reference.
The City and Contractor wish to further amend the Agreement.
NOW, THEREFORE, in consideration of mutual covenants, and for other good and
valuable consideration, the receipt and legal sufficiency of which are acknowledged and agreed
upon,the parties agree as follows:
1. The above recitals are true and correct and they are incorporated into this Second
Amendment as if set forth in full.
2. Attached as Exhibit "C" is a memorandum from the City's Director of the Public
Services Department, referencing an additional scope of work to be performed by the Contractor
with an increase in compensation for an amount not to exceed Twenty-Eight Thousand Dollars
($28,000.00), and the Exhibit is made a part of and incorporated into this Second Amendment by
this reference.
3. Except as amended and modified by this Second Amendment, all of the terms,
conditions and covenants of the Agreement dated July 10, 2012, as previously amended, shall
remain in full force and effect. In the event of any conflict between the provisions of the
7 RESOLUTION#2014-064
Agreement, the First Amendment, and the provisions of this Second Amendment, this Second
Amendment shall control.
IN WITNESS OF THE FOREGOING, this Second Amendment is effective upon its
complete execution by both parties.
CITY:
ATTEST: CITY OF DANIA BEACH,FLORIDA,
a Florida municipal corporation
LOUISE STILSON, CMC ROBERT BALDWIN
CITY CLERK CITY MANAGER
DATED: 2014
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
8 RESOLUTION#2014-064
CONTRACTOR:
LAWN WIZARD USA, INC., a Florida
ATTEST: corporation
Signature Signature
PRINT Name PRINT Name
TITLE
STATE OF FLORIDA
COUNTY OF
BEFORE me on 2014, personally appeared
as of LAWN WIZARD
USA, INC., a Florida corporation, on behalf of the corporation. Such person is personally
known to me or has produced , as identification.
NOTARY PUBLIC
State of Florida
PRINT Name of Notary
My Commission Expires:
9 RESOLUTION#2014-064