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HomeMy WebLinkAboutR-2017-048 Authorizes the Execution of a Second Renewal of an Existing Agreement for an Additional One(1) Year Period with W.D. Thompson, Inc. D/B/A Beach Raker, Related to Beach Cleaning Services RESOLUTION NO. 2017-048 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND RENEWAL OF AN EXISTING AGREEMENT FOR AN ADDITIONAL ONE (1) YEAR PERIOD WITH W.D. THOMPSON, INC., A FLORIDA CORPORATION D/B/A BEACH RAKER, RELATING TO BEACH CLEANING SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,City officials executed an Agreement with W.D.Thompson,Inc.d/b/a Beach Raker on September 11, 2015 for City beach cleaning services; and WHEREAS,the City executed the first of two (2) one (1)year renewals on June 28, 2016 pursuant to Resolution No. 2016-080; and WHEREAS,the initial Agreement provided for two(2)one(1)year renewal periods for the requested services, subject to the approval of the City and W.D.Thompson,Inc.d/b/a Beach Raker; both parties have agreed to continue the existing services for the second one(1)year renewal period for an amount not to exceed Ninety Nine Thousand Five Hundred Dollars ($99,500.00), subject to City Commission approval; and WHEREAS, the Director of the Parks and Recreation Department recommends that the existing Agreement with W. D. Thompson, Inc., d/b/a Beach Raker, be renewed for a one (1) additional year period beginning September 11,2017 up to and through September 11,2018,for the provision of beach cleaning services of the City beach; a copy of the second one(1)year renewal is attached as Exhibit "A", and it is made a part of and incorporated into this Resolution by this reference; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing"Whereas"clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute a Second Renewal to the Agreement dated September 11, 2015, which Renewal is attached as Exhibit"A", and made a part of and incorporated into this Resolution by this reference. The renewal period with W. D. Thompson,Inc.,d/b/a Beach Raker,relating to beach cleaning services will begin on September 11, 2017 and is extended up to and through September 11, 2018. The City will pay Beach Raker an agreed upon sum in an amount not to exceed Ninety Nine Thousand Five Hundred Dollars ($99,500.00) during the second one (1)year renewal period. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to such Renewal Agreement as are deemed necessary and proper and in the best interests of the City. Section 4. That funding appropriations were planned for and are available in the City General Fund, Recreation Department budget within the Beach Division - Professional Services Account, Account No. 00 1-72-02-572-3 1-10. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on June 13, 2017. ATTEST: �Qot�0,'5tD'5 F� rcr 1 1 LOUISE STILSON, CMC TAMARA J ES CITY CLERK MAYOR APPROVE AS TO FO D CORRECTNESS THOMAS J. ANSB CITY ATTORNE 2 RESOLUTION#2017-048 SECOND RENEWAL OF AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA,AND W.D. THOMPSON,INC,A FLORIDA CORPORATION DB/A BEACH RAKER This is a Second Renewal of an Agreement (the "Renewal"), which Agreement dated September 11, 2015 (the"Agreement") exists between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") and W.D. Thompson, Inc., a Florida corporation d/b/a Beach Raker(the"Contractor")for beach cleaning services. A copy of the existing Agreement is attached as Exhibit"A", which is made a part of and incorporated into this Renewal by this reference. The City and Contractor wish to renew the Agreement for one(1)year up to and including September 11, 2018. In consideration of the mutual covenants,terms and conditions contained in the Agreement and in this 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 the existing Agreement that was executed on September 11, 2015 and was renewed and it will remain in effect up to and including September 11,2017. A copy of the First Renewal is attached as Exhibit"B",which is made a part of and incorporated into this document by this reference. 2. The City and Contractor wish to renew the Agreement for the second one (1) year renewal option. 3. That the terms and conditions of the Agreement will remain the same throughout the term of this Second Renewal of it. 4. The cost of the second one (1) year renewal is Ninety-Nine Thousand and Five Hundred Dollars ($99,500.00). 5. That in all other respects,the Agreement is ratified and reaffirmed and remains in full force and effect. 3 RESOLUTION#2017-048 IN WITNESS OF THE FOREGOING, the parties have executed this Renewal on 2017. CITY OF DANIA BEACH,FLORIDA, a Florida municipal corporation LOUISE STILSON, CMC TAMARA JAMES CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS ROBERT BALDWIN CITY MANAGER THOMAS J. ANSBRO CITY ATTORNEY 4 RESOLUTION#2017-048 WITNESSES: CONTRACTOR: W.D. THOMPSON,INC., a Florida Corporation d/b/a BEACH RAKER Signature Signature PRINT Name PRINT Name Signature Title Dated: , 2017 PRINT Name STATE OF FLORIDA COUNTY OF BEFORE me on ,2017,personally appeared , as of W.D. Thompson, Inc., a Florida corporation, d/b/a Beach Raker who acknowledged execution of the foregoing Extension to the Agreement for the use and purposes mentioned in it, and that 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: 5 RESOLUTION#2017-048 AGREEMENT This is an Agreement("Agreement") dated 3�'E f70,;P, IF— It 2015, between the City of Dania Beach, Florida, a municipal corporation (the "City"), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and W.D. Thompson, Inc., a Florida corporation d/b/a Beach Raker (the "Contractor), with its principal place of business located at 220 NE 13" Street,Pompano Beach,Florida 33060. WHEREAS, the City requires services which Contractor is capable of providing, under the terms and conditions described in this Agreement; and WHEREAS, the Contractor is able and prepared to provide such services as City shall require, under those terms and conditions set forth in the City's Request for Proposals ("RFP") No. 15-007, and this Agreement resulting from the award of the Bid. 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: ARTICLE 1.0 SERVICES AND RESPONSIBILITIES 1.1 The Contractor's responsibilities to the City under this Agreement is to provide beach cleaning services as further described in the Scope of Services in Exhibit "A", a copy of which is attached to,made a part of and is incorporated into this Agreement by this reference. 1.2 The cost for such services shall not exceed the amount of Ninety Nine Thousand Five Hundred Dollars($99,500.00). 1.3 Contractor represents to City with full knowledge that the 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, and the terms in the Request for Proposals No. 15-007 and the response to the Contractor's response to the Request for Proposals , which are made a part of and incorporated into this Agreement by this reference. 1.4 The Contractor further represents to the City that it is properly licensed under 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. 1.5 Contractor guarantees all services and shall immediately correct any defects or any deficiencies associated with those services, which may appear upon written notification by the City. ARTICLE 2.0 TERMS AND CONDITIONS 2.1 TERM: The term of this Agreement shall be for a one(1)year period. 2.2 RENEWAL: In the event City determines the Contractor to be in full compliance with this Agreement and Contractor's performance to be satisfactory,then City,at its sole option, may renew this Agreement for two (2) additional one (1) year periods, provided, however, that City provides written notification within sixty (60) days prior to the date of its termination, of its intention to renew the Agreement. 2.3 In the event the services are scheduled to end either by expiration or by termination by the City (at the City's sole discretion), the Contractor shall continue the services, if requested by the City,until new services can be provided by an alternate Contractor chosen by the City. At no time shall this transitional period extend for more than one hundred twenty(120) days beyond the expiration date of the existing Agreement. The Contractor will be reimbursed for those services at the rate in effect when this transitional period clause is invoked by the City. ARTICLE 3.0 TERMINATION OR SUSPENSION OF AGREEMENT 3.1 TERNIINATION BY THE CONTRACTOR A. The Contractor may terminate this Agreement if the services is stopped for a period of thirty (30 consecutive days through no act or fault of the Contractor, Subcontractor, Sub-subcontractor, their agents or employees, or any other persons performing portions of the services under this Agreement with the Contractor, for any of the following reasons: 1. issuance of an order of a court or other public authority having jurisdiction,or 2. an act of government, such as a declaration of national emergency, making services unnecessary. B. If one of the above reasons exists,the Contractor may,upon five(5)additional days' written notice to the City, terminate this Agreement and recover from the City the payment for services that were provided. 3.2 TERMINATION BY THE CITY FOR CAUSE A. The City may terminate this Agreement if the Contractor: 1. refuses or fails to supply enough properly skilled workers, proper equipment, materials, or fails to adhere to the schedule established as adjusted from time to time, pursuant to the terms of this Agreement; 2 2. fails to comply with laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction, including the City; 3. commits any act or omission that evidences a lack of integrity or honesty or which reflects negatively ono the City, including by not limited to the company or its owners, officers and agents being charged with any act of moral turpitude or any environmental violation; 4. fails to obtain or maintain all insurance coverage required by the Request for Proposals or under this Agreement; or 5. otherwise is guilty of substantial breach of a provision under this Agreement or the Request for Proposals; B. When the City terminates this Agreement, the Contractor shall not be entitled to receive any further payment until the services are completed and approved by the City. 1. All damages, costs and charges incurred by City shall be deducted from any monies due or which may become due to Contractor. In case of damages and expenses so incurred by the City shall exceed the unpaid balance, then Contractor shall be liable and shall pay to the City the amount of such access. 2. If, after Notice of Termination or Suspension of Contractor's right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of the City and Contractor shall be the same as if the Notice of Termination had not been issued, pursuant to the Termination for Convenience clause as set forth below. 3.3 TERMINATION BY THE CITY FOR CONVENIENCE This Agreement may be terminated for convenience by the City upon fifteen (15) days' advance written notice to Contractor, and the Contractor's surety, if any (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all acceptable services performed prior to the termination and shall not be entitled to any other costs,fees or payments. 3.4 SUSPENSION OF AGREEMENT BY CITY FOR CAUSE The City may order the Contractor in writing to suspend, delay or interrupt the services, in whole or in part, for such period of time as deemed necessary by the City, if the Contractor fails to maintain all insurance coverage required by the Request for Proposals and under this Agreement. Any delay in the services caused by a lapse in coverage shall be deemed non- excusable, shall not be grounds for a time extension, and shall be subject to any other applicable provisions under the Request for Proposals and under this Agreement concerning Contractor delay. 3 3.5 SUSPENSION BY THE CITY FOR CONVENIENCE 1. The City may, without cause, order the Contractor in writing to suspend, delay or interrupt the services, in whole or in part, for such period of time as the City may determine, and the Contractor shall be entitled to an appropriate time extension. 2. If such suspension exceeds thirty (30) consecutive days, Contractor may also be entitled to an adjustment in the contract sum for increases in cost of performance of the Contract, resulting directly from the suspension, delay, or interruption, including reasonable profit on such increased cost; provided however,that no adjustment will be made to the extent: A. that performance is, was, or would have been so suspended, delays or interrupted by another cause for which Contractor is responsible; B. that the Contractor fails to adequately document the costs increase; C. that the Contractor would have incurred the cost increase regardless of the suspension,delay or interruption; or D. that an equitable adjustment is made or denied under another provision of Request for Proposals or under this Agreement. ARTICLE 4.0 COMPENSATION AND METHOD OF PAYMENT 4.1 The Contractor will be compensated on a monthly basis. 4.2 Payment will be made to Contractor at the following address: W.D. Thompson,Inc. d/b/a Beach Raker Attn: Mr.Timothy Greener 220 NE 13'Street Pompano Beach,Florida 33060 4.3 City's acceptance of services shall constitute a waiver of all claims by the City, except for any or all claims arising from the guarantee in this Agreement, unsettled liens, lawsuits, deficiencies or faulty services appearing after final payment is made to the Contractor for such services. The acceptance of payment shall constitute a waiver of all claims against City by the Contractor. 4 4.4 Contractor shall, before any final payment is made by City, provide City 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 performance of the services. Contractor shall then furnish the City with a "No Lien Affidavit", if applicable. Final payment shall be made upon submission by the Contractor of evidence satisfactory to the City that all payrolls, materials' bills and other costs incurred by the Contractor in connection with the services, have been paid in full, and after all guarantees and specifications for products, materials, or both, incorporated into the services that appear in this Agreement, have been furnished to and found acceptable by the City. ARTICLE 5.0 CHANGES IN SCOPE OF SERVICES 5.1 City or Contractor may request changes that increase, decrease or otherwise modify the services, as described in this Agreement. These changes may affect the compensation, and, if so, they must be described in a written Amendment to this Agreement, executed by the authorized agents of both of the parties,prior to any deviation from the terms of this Agreement. In no event will Contractor deviate or permit deviation from, the services described in Exhibit"A"attached to this Agreement without the City's advance written consent. ARTICLE 6.0 PROTECTION OF CITY'S PROPERTY 6.1 At all times during the performance of this Agreement, the Contractor shall protect the City's property and the property of others, from all damage whatsoever on account of Contractor's performance of the requested services. ARTICLE 7.0 INDEMNIFICATION 7.1 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 therefrom, 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 it, or anyone for whose acts any of them may be liable in the performance of the services; (b) any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent rights by Contractor in the performance of the services; (c) liens, claims, actions made by the Contractor or any other authorized party performing the services; 5 (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 8.0 INSURANCE 8.1 The Contractor shall not commence any services under the Agreement until Contractor has obtained all insurance required under this Article, and not until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow any employee of it or any Subcontractor to commence any services on any subcontract until the Subcontractor and all coverages required of any Subcontractor have been obtained and approved by the Risk Manager of the City. In addition, the Contractor shall be responsible for any and all policy deductibles and self-insured retentions. 8.1.1 ALL CERTIFICATES OF INSURANCE MUST CLEARLY IDENTIFY THE AGREEMENT TO WHICH THEY PERTAIN, INCLUDING A BRIEF DESCRIPTION OF THE SUBJECT MATTER OF THE AGREEMENT. INSURANCE POLICIES FOR REQUIRED 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-VII IN THE LATEST EDITION OF THE "BEST'S KEY RATING GUIDE", PUBLISHED BY A.M. BEST GUIDE. IN THE EVENT THAT THE INSURANCE CARRIER'S RATING SHALL DROP, THE INSURANCE CARRIER SHALL IMMEDIATELY NOTIFY THE CITY IN WRITING. 8.1.2 Coverages shall be in force until all services required to be performed under the terms of the Agreement is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the 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. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE ANY SERVICES PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE SERVICES CAUSED BY A LAPSE IN COVERAGE SHALL BE NON- EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE RFP DOCUMENTS CONCERNING THE CONTRACTOR'S DELAY. The following are requirements that must be met regarding the Contractor's delivery of Certificates of Insurance for all coverages required under the Request for Proposals and this Agreement: 6 8.13 "Official" Certificates of Insurance must be delivered to the City's Risk Manager and copies to the City Clerk's office. If the "Official" certificates are not delivered before or on the fourteenth (10) business day after the issuance by the City of the"Notice of Apparent Low Respondent",then the City has the right to consider the awarded Agreement to the Contractor as void and the City has the right to negotiate a contract with the next lowest responding Contractor. "Special Provisions", as referenced below under each type of insurance requirements shall be fully confirmed on or attached to the"Official" certificates. INSURANCE REQUIREMENTS 8.2 The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The Contractor shall be held responsible for any modifications, deviations,or omissions in these insurance requirements. 8.2.1 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products and completed operations, blanket contractual liability with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. Annual Aggregate shall apply"Per Job". SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification);and • "The City of Dania Beach,Florida"is named as an Additional"Named" Insured; The products and completed operations coverage shall apply for the City as additional "named" insured for a period of no less than five (5) years following the completion of the Project. Contractor's products and completed operations policy shall have no time limitation on the coverages for the City's additional "named" insured status. Additional insured coverage shall be no more restrictive than Insurance Services Office(ISO)form CG 2037(07 04); • Contractor's insurance shall be primary and non-contributory; • Waiver of Subrogation in favor of the City; 8.2.2 WORKERS' COMPENSATION INSURANCE shall be maintained by Contractor and any Subcontractors during the term of the Agreement, and it is to apply to all "statutory employees" of the Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. • In the case any services are sublet as otherwise addressed in the Agreement or RFP Documents, the Contractor shall require any Subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees, in 7 addition to any coverage afforded by the Contractor, by furnishing statutory limits Part A. • Employer's Liability Part B shall be in an amount of no less than One Million Dollars ($1,000,000.00) each accident, and One Million Dollars ($1,000,000.00) annual aggregate. In no event shall the Contractor be permitted to utilize in the prosecution of the services,the following: i) any employee, subcontractor or subcontractor employees, who is exempted or purported to be exempt from Workers' Compensation insurance coverage; or ii) any employee,subcontractor or subcontractor employees,who will be covered by an employee leasing arrangement. SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • 30 Days' Notice of Cancellation or modification to City(if not available on the insurance policies,then Contractor has responsibility for notification); and • Waiver of Subrogation in favor of the City. 8.2.3 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and no less than Two Million Dollars ($2,000,000.00) annual aggregate, to include coverage for owned,hired,and non-owned vehicles. SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • "The City of Dania Beach,Florida"is named as an Additional"Named"Insured; • 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies,then Contractor has responsibility for notification);and • Waiver of Subrogation in favor of City. 8.2.4 If subcontractor for any portion of any services, then such subcontractor shall provide all insurance coverages as the Contractor. 8.3 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 coverage the City deems necessary, depending upon the possible exposure to liability. Current Certificates of Insurance shall be provided and on file with the City at all times. 8 ARTICLE 9.0 INDEPENDENT CONTRACTOR 9.1 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 services. 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 high level of skill necessary to perform the services. This Agreement shall not be 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. ARTICLE 10.0 BANKRUPTCY 10.1 It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective the date and at the time the bankruptcy petition is filed. Upon such filing of Bankruptcy, Contractor will automatically be in default of this Agreement and the provisions of Article 9 will be enforced at City's discretion. ARTICLE 11.0 DEFAULT OF AGREEMENT AND REMEDIES 11.1 In case of any default by Contractor, the City shall notify the Contractor in writing of such default and direct Contractor to comply with all terms and conditions of this Agreement. If Contractor does not timely cure such default within seven (7) days after notice was sent by City, City may declare a default of this Agreement, and may notify the Contractor of such declaration of default in writing, and terminate the Agreement. ARTICLE 12.0 DISPUTE RESOLUTION 12.1 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, or the breach of it, or 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 9 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, or 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. 12.2 Operations During Dispute. 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. ARTICLE 13.0 MISCELLANEOUS 13.1 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. Further, 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 to it of both parties. 13.2 Signature of this Contract by the Contractor shall also act as the execution of a truth-in-negotiation certificate certifying that the wage rates, over-head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract and no higher than those charged the Contractor's most favored customer for the same or substantially similar service. The rates and costs shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or non-current wage rates or due to inaccurate presentation of fees paid to outside contractors. The City shall exercise its rights under this clause within three(3)years following final payment. ARTICLE 14.0 ASSIGNMENTS AND AMENDMENTS. 14.1 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. 10 14.2 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. ARTICLE 15.0 NO CONTINGENT FEES. 15.1 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 Contractor, 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 Agreement. 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. ARTICLE 16.0 NOTICES 16.1 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: City: Robert Baldwin, City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Copies to: Thomas J. Ansbro,City Attorney City of Dania Beach, Florida 100 West Dania Beach Blvd. Dania Beach,FL 33004 Contractor: W.D. Thompson,Inc. d/b/a Beach Raker Attn: Mr. Timothy Greener 220 NE 13"'Street Pompano Beach,Florida 33060 ARTICLE 17.0 PUBLIC RECORDS 17.1 The successful Firm acknowledges that the public shall have access, at all reasonable times, to certain documents and information pertaining to City contracts, pursuant to the provisions of Chapter 119,Florida Statutes. 11 17.1.1 The successful Firm agrees to maintain public records in successful Firm's possession or control in connection with its performance under the Agreement, and to provide the public with access to public records in accordance with the record maintenance, production and cost requirements set forth in Chapter 119, Florida Statutes, or as otherwise required by law. Firm shall ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law. 17.1.2 Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with the Agreement are and shall remain the property of City. In the event of termination of the Agreement by either party, any reports, photographs, surveys, other data, documents and public records prepared by, or in the possession or control of, the successful Firm, whether finished or unfinished,shall become the property of City and shall be delivered by successful Firm to the City Manager, at no cost to the City, within seven (7) days of termination of the Agreement. All such records stored electronically by Firm shall be delivered to the City in a format that is compatible with the City's information technology systems. Upon termination of the Agreement, Firm shall destroy any duplicate public records that are confidential and are exempt from public records disclosure. Any compensation due to the successful Firm shall be withheld until all documents are received as provided to the City. The successful Firm's failure or refusal to comply with the provisions of this Article shall result in the immediate termination of the Agreement by the City. ARTICLE 18.0 BINDIING AUTHORITY 18.1 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. ARTICLE 19.0 HEADINGS 19.1 Headings in this Agreement are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. ARTICLE 20.0 SEWR.ABILITY 20.1 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 shah have been held invalid or unenforceable, shall not be affected, and shall continue in full force and effect,and shall be enforced to the fullest extent permitted by law. 12 ARTICLE 21.0 ALL PRIOR AGREEMENTS SUPERSEDED 21.1 This Agreement incorporates and includes all prior negotiations, correspondence, conversations and understandings applicable to the matters contained in this Agreement, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements,whether oral or written. 21.2 The Contractor understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1)year, but any contract so made shall be executed only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Contractor shall not proceed with services under this Agreement without City's written verification that the funds necessary for Contractor compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. ARTICLE 22.0 EXTENT OF AGREEMENT 22.1 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. ARTICLE 23.0 WAIVER 23.1 Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in 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. ARTICLE 24.0 GOVERNING LAW; CONSENT TO JURISDICTION 24.1 The,law of the State of Florida shall govern the agreement. The agreement is not subject to arbitration. The parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to the agreement. Venue of any action to enforce the agreement shall be in Broward County, Florida. The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with the agreement. The parties understand and agree that this waiver will be a material term of the agreement. 24.2 All claims, counterclaims, disputes and other matters in question between City and Finn arising out of, relating to or pertaining to the Agreement, the breach of it, the services 13 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 parries agree to each waive any trial by jury of any and all issues. The parties understand and agree that this waiver is a material Agreement term. ARTICLE 25.0 INTEREST 25.1 Payments due and unpaid under the Contract Documents shall bear an interest charge equal to eighteen percent (18%) per annum from the date payment is due and are not subject to prejudgment interest, if any matter related to payment becomes an issue litigated between the parties. ARTICLE 26.0 CONFLICT 26.1 In the event there is a conflict between any of the terms in any of the documents contained in any Exhibit to 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 Florida municipal corporation s Fpq LOUISE STILSON, CMC , CITY CLERK O APPROVED FOR FORM AND ERT BALDWIN CORRECTNESSS-1 CITY MANAGER r-� / [\-J\ THO AS J. SRO CITY ATTORNEY 14 CONTRACTOR: W.D. THOMPSON,INC.DB/A BEACH RAKER,a Florida corporation Signature Signature A-k.,ne.q-teJ 9et4M•3 PRINT Name PRINT Name Signature C 00 TITLE PRINT Name STATE OF FL)Or4IDA ingo COUNTY OF BEFORE me on oZ. 2015, personally appeared A ip xe6 xsue&, , as of W.D. THOMPSON, INC., DB/A BEACH RAKER,a Florida corporation, on behalf of the corporation,who 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. Such person is personally known to me or produced as identification. GGG6 NOTARY PUBLIC State of Florida My Commission Expires: ... lMSARA ROMAN 8MvPvW.$N%dMW1 Cow> #FF 21384T My Can dd 1$.2019 15 EXHIBIT"A" SCOPE OF SERVICES A. Tide line: Remove all man made material along approximately 2200 feet of shoreline. Make multiple passes along shoreline with tractor-towed beach cleaner machine Monday through Sunday each week. B. Upper Beach: Sanitize and groom upper beach area from ten feet east of dune line, seaward to the high water line. This should provide a smooth cleaned combed appearance to the beach without tire tracks. This service shall only be performed during the months of November through February(outside of turtle nesting season). Special permits must be obtained from the FWCC on behalf of the City of Dania Beach to use this equipment during Turtle season. C. Upper Beach,North and South of the Pier: As required and directed by City(minimum of once per month), sift sand around volleyball and picnic areas on North side of pier and around restaurant area on South side of fishing pier to remove shells,rocks,bottle caps cigarette butts and small foreign objects. D. Beach Entrances,Walkways,and Playground area: As required and directed by City(minimum of once per month), sift sand around beach entrance walkways and children's playground areas to remove shells,rocks,bottle caps,cigarette butts, and small foreign objects.At entrances and walkways with wood decking,remove accumulated sand to expose wood decking as necessary and directed by City. 16 r ' APPENDIX C INSURANCE CERTIFICATES Note: We have acquired the increased insurance coverages required by the RFP.Attached are the insurance certificates for these coverages. ACUM'd CERTIFICATE OF LIABILITY INSURANCE °""""'° 7/22/2015025 THIS CERTIFICATE NI ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER$NO RIGHTS UPON THE CERTIFICATE HOLDER.THM CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLK= BELOW. THIS CERTIFICATE OF INSURANCE DON NOT CONSTITUTE A CONTRACT BETWEEN THE MUN G INSURER(SN AUTGIWJZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: M the cwdroo be holder is an ADDITIONAL INSURED,do poNry(les)must be sndoned N SUBROGATION IS WANED,subject to the tams and OWNIOM of the pokey,cutain poNdes mey nquke an erAongment. A atabmen 0n this cereftebs don not coMsr rW is to dw cerdOmbs holder In Nw of such PLeOMMER Jerri Moor Frank a. Dusan, Inc. (954)943-SO50 FAX (954)942-6310 1314 East Atlantic Blvd, jerriLfuruaaninsuranee.com P. O. Box 1927 ADDRESIft �; Pompano pL 33061 A 3wraat Indatni Ins Co 10851 INSURED Ine11RlJt s 3O1PFR= IN. Thompson, ZUG., DBA: Beach Raker C:Commerce i Indus Ins Co 19410 220 Ni 13 Street amumn00RO D INSLIIIEJ!E: Pompano Haaah n 33060 DKUWM F: COVERAGES CERTIFICATE NUMBER-25-16 01./Anto/Uob REVISION NUMBER: THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE 11STE0 BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INK AU�M la TYPE OF LllmeIANCE X COMMERCIAL ONLERAL LIABILITY L�Te A aAw& mw ❑OCCUR LAMMEACH E 1,000,000 TO RENTED AMMIM) i 50,000 X T cr4g.00324151 7/10/2015 7/19/2016 IED Elp 0M i 3,000 PERSONAL.A ADV INAIRY = 2,000,000 emr'L AGGREGATE LART APPLIES PER: POLICY Q.IECT ❑LOC GENERAL AGGREWTE = 2,000,000 PRODUCTS_COMMOPAGG $ 2,000,000 Bnn11L $ 1,000,000 AUTONOWLE LIAean Y 6 1,000,000 B ANY AUTOX ALL OVOM SCHEDULED BODILY NJURY fw pm" $ AUTOSAMMED X 2 4130130011772 7/10/2013 7/18/2016 ODDLY KIU RV(ParaeddrM) 9 F11RaD AUTOS AUTOS _ % UUBfJLLA tiOCCUR nrolaLt = 20,000 C EXCESSLWs 4wALE EACH ocG/wt> E $ 21000,000 A88R6sATE S 1100010 OQ DB0377096e7 T/21/2015 7/21/2016 Yr01Ym18 COMP6mAT10N AM INNU I M UARMY YIN ANY OFFXMRNBMNX NME(CLMDEC/ N/A EL EACH ACCIDENTpJandowy in = If dM.&-Urdw EL DISEASE-EA EMPLOYM 6 EL DISEASE-POLICY LUT DE9CPWIM OP OPERAMM I LOCATIONS I VEMCLBB YM:M 101,Addkkw Norrls t mRr W slddrd a wan rrpraA N nordrwq Coverage is primary i non-contributory per CC12001 0413, Certificate solder is additional Xneured (on-going)whan required by contract per 002033 0413 and (completed operations) per C0i2037 0413. Auto has Additional Ineur" by contract and blanket Waiver of Subrogation applies for GM. and Auto 71e HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLE BE CANCELLED BEFORE City of Dania Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 Best Dania Beach Blvd ACCORDANCE VRTH THE POLICY PRGVNNON& Dania Beach, FL 33004 AUrKO10MRWnV 9mrTATM Dirk DeJong/JK 4f�2 ,ge_ 01988-2014 ACORD CORPORATION. AN A"reserved. ACORD 25(201401) The ACORD name and Ingo are PeghRerod Isamu$of ACORD INSD2Rrort++rm F ,aco CERTIFICATE OF LIABILITY INSURANCE 071174 '' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holler Is an ADDITIONAL INSURED,the policy(les)must be endorsed. N SUBROGATION IS WAIVED,subject to the terns and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holier in lieu of such endorsement(*). PRODUCER OOITACT w►0L, RWc Aon Risk Services Northeast,Inc. PHONE FAX New York NY Office 443610 8110 am 199 Water Street AODResa: W&AMy4owwLem New York,NY 10038-3551 INSU AFFORDING COVERAGE NAIC e INSURED INSURER A:Corw erm&Industry Ins Co 19410 TriNet HR Corporation and all Its affiliates and subsidiaries' INSURER WD Thompson Inc.(Endorsed as aHemate employer) a Netiorel�'Co 2iMT DBA Beach Raker INSURER C:his Co State of Pem IN" 9000 Town Center Parkway INSURER D:Marl UNon Fie lots Co of PrtBburgh,PA 1ri44S Bradenton,FL 34202 INSURER E:New Hampshire in Co 2Jat1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I DICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS RTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LNtlts slwwn am as DISK TYPE OF INSURANCE AWL. SUER POLICY NUIIeER POLICY EFF POLICY EXP LIMITS MR WVD GENERAL LIABILITY EACH OCCURRENCE f COMMERCIAL.GENERAL LIABILITY DAMAGE TO RENTED PREMISES CLAIMS-MADE r OCCUR MEDEXF`Ckqa f PERSONAL&ADV INJURY i GENERAL AGGREGATE i GF.N'L AGGREGATE LIMIT.APPUF_S PER: PRODUCTSN:OMP/OP AGG POLICY PROJECT LOC AUTOMOBILE LIABILITY ANY Wro BODILY HAIRY i ALLOWNED SCHEDULED SOMY WAIRY IPx AUTOS AUTOS meddemi HIREDAUTOS NOWWAM PROPERTY01gMAGE I AUTOS f UMBRELLA LIAII JOCCUR EACH OCCURRENCE S EXCFASUAa CLAIMS4AADE AGGREGATE s DeDI I RETENTION s A AND EMPLo COMPENLrAe ION Y/N 019521059(FL) 07/01=15 07/01/2016 x = ATu- oTH �( TORY LpaTB HR ANY ( EXCLUDED? NIA E.L.EACH ACCIDENT SY,000,000 ITym describe ur4w ELDISEASEf4EMKOYEE $Z000,00D DESCRIFTM OF OPERATIONS below EL DISEASE-POUCY:Mff V � See aaachw Walvw of SuWaseden in taro.of eae0cate Molder DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Atpob ACORD 11m,AddiloaY Reslxln Sehodars,I mom space b mqulreo:8W / 76F TriNet HR 11,Inc.and TdNet HR V Inc. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ED Dania Beach BEFORE THE EXPIRATION DATE THEREOF,NOTICE WELL BE 100 W Dania Beach Blvd DEWMED IN ACCORDANCE Wulf THE POLICY PROVISIONS. Dania Beach,FL 33004 AUTHIORIZEDR13$RESENrATNE Aon Risk Services Northeast, Inc. ACORD 25(2M V" Tbu ACORD pens aid I"o am mBletwul m ft W ACORD 0 1*W M0 ACORD CORPORA M MO nasrVsd, t 'WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Dania Beach: 100 W Dania Beach Blvd Dania Beach FL 33004 TriNet Client Number:8446/761= Client Name:WD Thompson Inc. DBA Beach Raker This endorsement changes the policy to which It is attached and is effective on the date Issued unless otherwise stated. (The Information below Is required only when this sndonsernent Is Issued subsequent to preparation of the policy.) Endorsement Effective See Accompanying CertMcate Policy No. Endorsement No. Insured:TriNet HR Corp. See Accompanying Certificate Premium$ and all Its affiliates&subsidiaries �O Insurance Company:See Accompanying Certificate Counter Signed By WC 00 0313 (Ed.4-84) a 1963 Nasonw counad on Com mmumon irurancs. FIRST RENEWAL OF AGREEMENT BETWEEN THE CITY OF DANIA BEACH,FLORIDA, AND W.D.THOMPSON,INC,A FLORIDA CORPORATION D/B/A BEACH RAKER This is a First Renewal of an Agreement (the "Renewal"), which Agreement dated September 11, 2015 (the "Agreement") exists between the City of Dania Beach, Florida, a Florida municipal corporation(the"City") and W.D. Thompson, Inc., a Florida corporation d/b/a Beach Raker (the "Contractor") for beach cleaning services. A copy of the existing Agreement is attached as Exhibit "A", which is made a part of and incorporated into this Renewal by this reference. The City and Contractor wish to renew the Agreement for one (1) year up to and including September 11, 2017. In consideration of the mutual covenants, terms and conditions contained in the Agreement and in this 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 the existing Agreement that was executed on September 11, 2015, is renewed and it shall remain in effect up to and including September 11, 2017. 2. That the terms and conditions of the Agreement dated September 11, 2015, will remain the same throughout the term of this Renewal of it. 3. The cost of the one (1) year renewal is Ninety-Nine Thousand and Five Hundred Dollars ($99,500.00). 4. That in all other respects, the Agreement is ratified and reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Renewal on . o % ,2016. o�aPn°s figs CITY: ATTEST: TY OF DANIA BEACH, FLORIDA, lorida municipal corporation LOUISE STILSON, CMC BE ALDWIN CITY CLERK ITY NAGER APPROVED AS TO FORM AND CORRECTNESS: r a THO S J./AN RO CITY ATTORNEY CONTRACTOR: W.D. THOMPSON,INC., a Florida Corporation d/b/a BEACH RAKER ATTEST: Sig ature Signature 44 7horn Sam A na,,-vJ ttdfL PP&qT Name PRINT Name TITLE STATE OF FLORIDA COUNTY OF t3 roi c-i,_ BEFORE me on �`j 7 2016, personally appeared 14tncle%-V 4retfi , as CC 07'D of W.D. Thompson, Inc., a Florida corporation, d/b/a Beach Raker who acknowledged execution of the foregoing Extension to the Agreement for the use and purposes mentioned in it, and that the instrument is the sole act and deed of the Contractor. Such person is personally known to me or has produced i v��t L lc �►s� ,as identification. N_qKRY PUBLIC tate of Florida R i C,L,I/ PRINT Name of Notary My Commission Expires: Ward Mod* •""bye Notary Public State of Florida My Commission Expires 3/24/2020 00mmloolm No.FF 975240 2 AGREEMENT This is an Agreement("Agreement")dated `�- P7611457',- /( ,2015,between the City of Dania Beach, Florida, a municipal corporation (the "City"), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and W.D. Thompson, Inc., a Florida corporation d/b/a Beach Raker (the "Contractor), with its principal place of business located at 220 NE 13t'Street,Pompano Beach,Florida 33060. WHEREAS, the City requires services which Contractor is capable of providing, under the terms and conditions described in this Agreement; and WHEREAS, the Contractor is able and prepared to provide such services as City shall require, under those terms and conditions set forth in the City's Request for Proposals ("RFP") No. 15-007,and this Agreement resulting from the award of the Bid. 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: ARTICLE 1.0 SERVICES AND RESPONSIBILITIES 1.1 The Contractor's responsibilities to the City under this Agreement is to provide beach cleaning services as further described in the Scope of Services in Exhibit "A", a copy of which is attached to,made a part of and is incorporated into this Agreement by this reference. 1.2 The cost for such services shall not exceed the amount of Ninety Nine Thousand Five Hundred Dollars($99,500.00). 1.3 Contractor represents to City with full knowledge that the 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, and the terms in the Request for Proposals No. 15-007 and the response to the Contractor's response to the Request for Proposals , which are made a part of and incorporated into this Agreement by this reference. 1.4 The Contractor further represents to the City that it is properly licensed under 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. 1.5 Contractor guarantees all services and shall immediately correct any defects or any deficiencies associated with those services, which may appear upon written notification by the City. ARTICLE 2.0 TERMS AND CONDITIONS 2.1 TERM: The term of this Agreement shall be for a one(1)year period. 2.2 RENEWAL: In the event City determines the Contractor to be in full compliance with this Agreement and Contractor's performance to be satisfactory,then City,at its sole option, may renew this Agreement for two (2) additional one (1) year periods, provided, however, that City provides written notification within sixty (60) days prior to the date of its termination,of its intention to renew the Agreement. 2.3 In the event the services are scheduled to end either by expiration or by termination by the City(at the City's sole discretion),the Contractor shall continue the services, if requested by the City,until new services can be provided by an alternate Contractor chosen by the City. At no time shall this transitional period extend for more than one hundred twenty(120) days beyond the expiration date of the existing Agreement. The Contractor will be reimbursed for those services at the rate in effect when this transitional period clause is invoked by the City. ARTICLE 3.0 TERMINATION OR SUSPENSION OF AGREEMENT 3.1 TERMINATION BY THE CONTRACTOR A. The Contractor may terminate this Agreement if the services is stopped for a period of thirty (30 consecutive days through no act or fault of the Contractor, Subcontractor, Sub-subcontractor, their agents or employees, or any other persons performing portions of the services under this Agreement with the Contractor, for any of the following reasons: 1. issuance of an order of a court or other public authority having jurisdiction,or 2. an act of government,such as a declaration of national emergency, making services unnecessary. B. If one of the above reasons exists,the Contractor may,upon five(5)additional days' written notice to the City, terminate this Agreement and recover from the City the payment for services that were provided. 3.2 TERMINATION BY THE CITY FOR CAUSE A. The City may terminate this Agreement if the Contractor: 1. refuses or fails to supply enough properly skilled workers, proper equipment, materials, or fails to adhere to the schedule established as adjusted from time to time, pursuant to the terms of this Agreement; 2 2. fails to comply with laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction, including the City; 3. commits any act or omission that evidences a lack of integrity or honesty or which reflects negatively ono the City, including by not limited to the company or its owners, officers and agents being charged with any act of moral turpitude or any environmental violation; 4. fails to obtain or maintain all insurance coverage required by the Request for Proposals or under this Agreement;or 5. otherwise is guilty of substantial breach of a provision under this Agreement or the Request for Proposals; B. When the City terminates this Agreement, the Contractor shall not be entitled to receive any further payment until the services are completed and approved by the City. 1. All damages, costs and charges incurred by City shall be deducted from any monies due or which may become due to Contractor. In case of damages and expenses so incurred by the City shall exceed the unpaid balance, then Contractor shall be liable and shall pay to the City the amount of such access. 2. If, after Notice of Termination or Suspension of Contractor's right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of the City and Contractor shall be the same as if the Notice of Termination had not been issued, pursuant to the Termination for Convenience clause as set forth below. 3.3 TERNIINATION BY THE CITY FOR CONVENIENCE This Agreement may be terminated for convenience by the City upon fifteen (15) days' advance written notice to Contractor, and the Contractor's surety, if any (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all acceptable services performed prior to the termination and shall not be entitled to any other costs,fees or payments. 3.4 SUSPENSION OF AGREEMENT BY CITY FOR CAUSE The City may order the Contractor in writing to suspend, delay or interrupt the services, in whole or in part, for such period of time as deemed necessary by the City, if the Contractor fails to maintain all insurance coverage required by the Request for Proposals and under this Agreement. Any delay in the services caused by a lapse in coverage shall be deemed non- excusable, shall not be grounds for a time extension,and shall be subject to any other applicable provisions under the Request for Proposals and under this Agreement concerning Contractor delay. 3 3.5 SUSPENSION BY THE CITY FOR CONVENIENCE 1. The City may, without cause, order the Contractor in writing to suspend, delay or interrupt the services, in whole or in part, for such period of time as the City may determine, and the Contractor shall be entitled to an appropriate time extension. 2. If such suspension exceeds thirty (30) consecutive days, Contractor may also be entitled to an adjustment in the contract sum for increases in cost of performance of the Contract, resulting directly from the suspension, delay, or interruption, including reasonable profit on such increased cost; provided however,that no adjustment will be made to the extent: A. that performance is,was, or would have been so suspended,delays or interrupted by another cause for which Contractor is responsible; B. that the Contractor fails to adequately document the costs increase; C. that the Contractor would have incurred the cost increase regardless of the suspension, delay or interruption;or D. that an equitable adjustment is made or denied under another provision of Request for Proposals or under this Agreement. ARTICLE 4.0 COMPENSATION AND METHOD OF PAYMENT 4.1 The Contractor will he compensated on a monthly basis. 4.2 Payment will be made to Contractor at the following address: W.D. Thompson,Inc.d/b/a Beach Raker Attn: Mr.Timothy Greener 220 NE 13t` Street Pompano Beach,Florida 33060 4.3 City's acceptance of services shall constitute a waiver of all claims by the City, except for any or all claims arising from the guarantee in this Agreement, unsettled liens, lawsuits, deficiencies or faulty services appearing after final payment is made to the Contractor for such services. The acceptance of payment shall constitute a waiver of all claims against City by the Contractor. 4 4.4 Contractor shall, before any final payment is made by City,provide City 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 performance of the services. Contractor shall then furnish the City with a "No Lien Affidavit', if applicable. Final payment shall be made upon submission by the Contractor of evidence satisfactory to the City that all payrolls, materials' bills and other costs incurred by the Contractor in connection with the services,have been paid in full, and after all guarantees and specifications for products, materials, or both, incorporated into the services that appear in this Agreement, have been furnished to and found acceptable by the City. ARTICLE 5.0 CHANGES IN SCOPE OF SERVICES 5.1 City or Contractor may request changes that increase, decrease or otherwise modify the services, as described in this Agreement. These changes may affect the compensation, and, if so, they must be described in a written Amendment to this Agreement, executed by the authorized agents of both of the parties,prior to any deviation from the terms of this Agreement. In no event will Contractor deviate or permit deviation from, the services described in Exhibit"A"attached to this Agreement without the City's advance written consent. ARTICLE 6.0 PROTECTION OF CITY'S PROPERTY 6.1 At all times during the performance of this Agreement, the Contractor shall protect the City's property and the property of others, from all damage whatsoever on account of Contractor's performance of the requested services. ARTICLE 7.0 INDEMNIFICATION 7.1 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 therefrom, 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 it, or anyone for whose acts any of them may be liable in the performance of the services; (b) any violation of law, statute, ' ordinance, governmental administrative order, rule, regulation, or infringement of patent rights by Contractor in the performance of the services; (c) liens, claims, actions made by the Contractor or any other authorized party performing the services; 5 (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 8.0 INSURANCE 8.1 The Contractor shall not commence any services under the Agreement until Contractor has obtained all insurance required under this Article, and not until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow any employee of it or any Subcontractor to commence any services on any subcontract until the Subcontractor and all coverages required of any Subcontractor have been obtained and approved by the Risk Manager of the City. In addition, the Contractor shall be responsible for any and all policy deductibles and self-insured retentions. 8.1.1 ALL CERTIFICATES OF INSURANCE MUST CLEARLY IDENTIFY THE AGREEMENT TO WHICH THEY PERTAIN, INCLUDING A BRIEF DESCRIPTION OF THE SUBJECT MATTER OF THE AGREEMENT. INSURANCE POLICIES FOR REQUIRED 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-VII IN THE LATEST EDITION OF THE "BEST'S KEY RATING GUIDE",PUBLISHED BY A.M. BEST GUIDE. IN THE EVENT THAT THE INSURANCE CARRIER'S RATING SHALL DROP, THE INSURANCE CARRIER SHALL IMMEDIATELY NOTIFY THE CITY IN WRITING. 8.1.2 Coverages shall be in force until all services required to be performed under the terms of the Agreement is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the 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. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE ANY SERVICES PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE SERVICES CAUSED BY A LAPSE IN COVERAGE SHALL BE NON- EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE RFP DOCUMENTS CONCERNING THE CONTRACTOR'S DELAY. The following are requirements that must be met regarding the Contractor's delivery of Certificates of Insurance for all coverages required under the Request for Proposals and this Agreement: 6 8.13 "Official" Certificates of Insurance must be delivered to the City's Risk Manager and copies to the City Clerk's office. If the "Official" certificates are not delivered before or on the fourteenth (14a) business day after the issuance by the City of the"Notice of Apparent Low Respondent",then the City has the right to consider the awarded Agreement to the Contractor as void and the City has the right to negotiate a contract with the next lowest responding Contractor. "Special Provisions",as referenced below under each type of insurance requirements shall be fully confirmed on or attached to the"Official"certificates. INSURANCE REQUIREMENTS 8.2 The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The Contractor shall be held responsible for any modifications, deviations,or omissions in these insurance requirements. 8.2.1 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products and completed operations, blanket contractual liability with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. Annual Aggregate shall apply"Per Job". SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) 0 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies,then Contractor has responsibility for notification);and a "The City of Dania Beach,Florida"is named as an Additional"Named"Insured; The products and completed operations coverage shall apply for the City as additional "named" insured for a period of no less than five (5) years following the completion of the Project. Contractor's products and completed operations policy shall have no time limitation on the coverages for the City's additional "named"insured status. Additional insured coverage shall be no more restrictive than Insurance Services Office(ISO)form CG 2037(07 04); • Contractor's insurance shall be primary and non-contributory; Waiver of Subrogation in favor of the City; 8.2.2 WORKERS' COMPENSATION INSURANCE shall be maintained by Contractor and any.Subcontractors during the term of the Agreement, and it is to apply to all "statutory employees" of the Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. In the case any services are sublet as otherwise addressed in the Agreement or RFP Documents, the Contractor shall require any Subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees, in 7 addition to any coverage afforded by the Contractor, by furnishing statutory limits Part A. • Employer's Liability Part B shall be in an amount of no less than One Million Dollars ($1,000,000.00) each accident, and One Million Dollars ($1,000,000.00) annual aggregate. In no event shall the Contractor be permitted to utilize in the prosecution of the services,the following: i) any employee, subcontractor or subcontractor employees, who is exempted or purported to be exempt from Workers' Compensation insurance coverage; or ii) any employee,subcontractor or subcontractor employees,who will be covered by an employee leasing arrangement. SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • 30 Days'Notice of Cancellation or modification to City(if not available on the insurance policies,then Contractor has responsibility for notification); and • Waiver of Subrogation in favor of the City. 8.23 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and no less than Two Million Dollars ($2,000,000.00) annual aggregate, to include coverage for owned,hired,and non-owned vehicles. SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) "The City of Dania Beach,Florida"is named as an Additional"Named"Insured; • 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies,then Contractor has responsibility for notification);and Waiver of Subrogation in favor of City. 8.2.4 If subcontractor for any portion of any services, then such subcontractor shall provide all insurance coverages as the Contractor. 8.3 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 coverage the City deems necessary, depending upon the possible exposure to liability. Current Certificates of Insurance shall be provided and on file with the City at all times. 8 ARTICLE 9.0 INDEPENDENT CONTRACTOR 9.1 This Agreement does not create an employeelemployer 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 services. 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 high level of skill necessary to perform the services. This Agreement shall not be 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. ARTICLE 10.0 BANKRUPTCY 10.1 It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective the date and at the time the bankruptcy petition is filed. Upon such filing of Bankruptcy,Contractor will automatically be in default of this Agreement and the provisions of Article 9 will be enforced at City's discretion. ARTICLE 11.0 DEFAULT OF AGREEMENT AND REMEDIES 11.1 In case of any default by Contractor, the City shall notify the Contractor in writing of such default and direct Contractor to comply with all terms and conditions of this Agreement. If Contractor does not timely cure such default within seven (7) days after notice was sent by City, City may declare a default of this Agreement, and may notify the Contractor of such declaration of default in writing,and terminate the Agreement. ARTICLE 12.0 DISPUTE RESOLUTION 12.1 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, or the breach of it, or 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 fast 9 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, or 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. 12.2 Operations During Dispute. 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. ARTICLE 13.0 MISCELLANEOUS 13.1 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. Further, 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 to it of both parties. 13.2 Signature of this Contract by the Contractor shall also act as the execution of a truth-in-negotiation certificate certifying that the wage rates, over-head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract and no higher than those charged the Contractor's most favored customer for the same or substantially similar service. The rates and costs shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or non-current wage rates or due to inaccurate presentation of fees paid to outside contractors. The City shall exercise its rights under this clause within three(3)years following final payment. ARTICLE 14.0 ASSIGNMENTS AND AMENDMENTS. 14.1 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. 10 14.2 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. ARTICLE 15.0 NO CONTINGENT FEES. 15.1 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 Contractor, 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 Agreement. 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. ARTICLE 16.0 NOTICES 16.1 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: City: Robert Baldwin, City Manager City of Dania Beach,Florida 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Copies to: Thomas J.Ansbro, City Attorney City of Dania Beach,Florida 100 West Dania Beach Blvd. Dania Beach,FL 33004 Contractor. W.D. Thompson,Inc. d/bla Beach Raker Attn: Mr.Timothy Greener 220 NE 13t'Street Pompano Beach,Florida 33060 ARTICLE 17.0. PUBLIC RECORDS 17.1 The successful Firm acknowledges that the public shall have access, at all reasonable times, to certain documents and information pertaining to City contracts, pursuant to the provisions of Chapter 119,Florida Statutes. 11 17.1.1 The successful Firm agrees to maintain public records in successful Firm's possession or control in connection with its performance under the Agreement, and to provide the public with access to public records in accordance with the record maintenance,production and cost requirements set forth in Chapter 119,Florida Statutes, or as otherwise required by law. Firm shall ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law. 17.1.2 Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with the Agreement are and shall remain the property of City. In the event of termination of the Agreement by either party, any reports, photographs, surveys, other data, documents and public records prepared by, or in the possession or control of, the successful Firm, whether finished or unfinished,shall become the.property of City and shall be delivered by successful Firm to the City Manager, at no cost to the City, within seven (7) days of termination of the Agreement. All such records stored electronically by Firm shall be delivered to the City in a format that is compatible with the City's information technology systems. Upon termination of the Agreement, Firm shall destroy any duplicate public records that are confidential and are exempt from public records disclosure. Any compensation due to the successful Firm shall be withheld until all documents are received as provided to the City. The successful Firm's failure or refusal to comply with the provisions of this Article shall result in the immediate termination of the Agreement by the City. ARTICLE 18.0 HINDIING AUTHORITY 18.1 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. ARTICLE 19.0 HEADINGS 19.1 Headings in this Agreement are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. ARTICLE 20.0 SEVERABILITY 20.1 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 fullest extent permitted by law. 12 ARTICLE 21.0 ALL PRIOR AGREEMENTS SUPERSEDED 21.1 This Agreement incorporates and includes all prior negotiations, correspondence, conversations and understandings applicable to the matters contained in this Agreement, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements,whether oral or written. 21.2 The Contractor understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one(1)year, but any contract so made shall be executed only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Contractor shall not proceed with services under this Agreement without City's written verification that the funds necessary for Contractor compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. ARTICLE 22.0 EXTENT OF AGREEMENT 22.1 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. ARTICLE 23.0 WAIVER 23.1 Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in 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. ARTICLE 24.0 GOVERNING LAW CONSENT TO JURISDICTION 24.1 The,law of the State of Florida shall govern the agreement. The agreement is not subject to arbitration. The parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to the agreement. Venue of any action to enforce the agreement shall be in Broward County, Florida. The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with the agreement. The parties understand and agree that this waiver will be a material term of the agreement. 24.2 All claims, counterclaims, disputes and other matters in question between City and Firm arising out of, relating to or pertaining to the Agreement, the breach of it, the services 13 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. The parties understand and agree that this waiver is a material Agreement term. ARTICLE 25.0 INTEREST 25.1 Payments due and unpaid under the Contract Documents shall bear an interest charge equal to eighteen percent (18%) per annum from the date payment is due and are not subject to prejudgment interest, if any matter related to payment becomes an issue Iitigated between the parties. ARTICLE 26.0 CONFLICT 26.1 In the event there is a conflict between any of the terms in any of the documents contained in any Exhibit to 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 Florida municipal corporation ��pttD'S Fj�T LOUISE STILSON, CMC , CITY CLERK O APPROVED FOR FORM AND O ERT BALDWIN CORRECTNESS: CITY MANAGER ,I r--� f\,J\ THO ASJ. SRO CITY ATTORNEY 14 CONTRACTOR: W.D.THOMPSON,INC.DB/A BEACH RAKER,a Florida corporation Signature Signature PRINT Name PRINT Name Signature Cob TITLE PRINT Name STATE OF FL A COUNTY OF(:;41 aso �J BEFORE me on Stgt a, 2015, personally appeared �1' KElV ��cA1CR, , as of W.D. THOMPSON, INC., DB/A BEACH RAKER,a Florida corporation,on behalf of the corporation,who 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. Such person is personally known to me or produced as identification. G{.CQ NOTARY PUBLIC State of Florida. My Commission Expires: r &UM M"GOWMAN Notary p�.{qiq of FIo�W■ q� FF 2138I7 . Of GWALdM 1 1.2019 �111 Nrie�r�� 15 EXHIBIT"A" SCOPE OF SERVICES A. Tide line: Remove all man made material along approximately 2200 feet of shoreline. Make multiple passes along shoreline with tractor-towed beach cleaner machine Monday through Sunday each week. B. Upper Beach: Sanitize and groom upper beach area from ten feet east of dune line,seaward to the high water line. This should provide a smooth cleaned combed appearance to the beach without tire tracks. This service shall only be performed during the months of November through February(outside of turtle nesting season). Special permits must be obtained from the FWCC on behalf of the City of Dania Beach to use this equipment during Turtle season. C. Upper Beach,North and South of the Pier: As required and directed by City(minimum of once per month),sift sand around volleyball and picnic areas on North side of pier and around restaurant area on South side of fishing pier to remove shells,rocks,bottle caps cigarette butts and small foreign objects. D. Beach Entrances,Walkways,and Playground area: As required and directed by City(minimum of once per month), sift sand around beach entrance walkways and children's playground areas to remove shells,rocks,bottle caps,cigarette butts, and small foreign objects.At entrances and walkways with wood decking,remove accumulated sand to expose wood decking as necessary and directed by City. 16 r APPENDIX C INSURANCE CERTIFICATES Note: We have acquired the increased insurance coverages required by the RFP.Attached are the insurance certificates for these coverages. ` ACURd CERTIFICATE OF LIABILITY INSURANCE 7/22/2015 THIS CERTIFICATE b ISSUED AS A MATTER OF IWOftMATWN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEER.THIS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUJCIES BELOW. THIS CERTIFICATE OF INSURANCE DOER NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S� AUTHORMED REPRESENTATIVE OR PRODUCER,AND THE CERTIRCATE HOLDER. IMPORTANT; N the GOMPICats haMer is an ADDITIONAL INSURED,the poNCy(bs)must be sndOMML If SUBROGATION W WAIVED,slt*a to the to and corlditlons of tee poky,oelbin polklaa mq ragire an andorss ewL A stebmmd on thb cardIlcsb doss not cw w rwft to the cerWm%holder In Hsu of such wWo s PnowiCER Jerrf !lour Irrank s. r'uraan, Inc. (954)943-5050 PAX (934)942-9310 1314 Sast Atlantic Blvd. jerriefu:,aainsnranaa.com P. O. Box 1927 APPORosta[.'0YlNAa=- N3toapano Haaoh F4. 33061 A at Indeami ins CoNgg-mms 3a18>rR1iTI.a. meson, Inc., DAL: Beach Baker NNIUMcaCoamaroe i Iadus i a 220 Ns 13 Street newest o aNNI09tE: pompano Beach rL 33060 COVERAGES CERTIFICATE NUMBER:15-16 GL/auto/Omb REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOIN HAVE BEEN ISSUED TO THE INSIJR®NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQURE MENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 13E ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ML TYP!0P B UNUmm E GaaMdtCW,aliIERAL LUIB[!IY taltTa vi7w r 2,0 00,000 I! GAmA mE ®OCCUR 6 a0,000 E = crma0324151 T/ls/2o15 7/lt/201ss 5,000 URV ; 1,000,0sEntAao oATSLasTAP4eaPER TE : 2,000,000 mucY t3CT LouPAG6 = z,000,000 i 2,000,000 AUTONOmLE LUUNUTY MY AUTO i 1,000,000 B ALL01%NED MWULOD BODILY MAJRY(Par pm" j AUTOS AUT 3t = 4130130o11772 7/19/2013 7/i8/2016 ODDLY RU AW0 raedAry} s Hr+GOALI708 tows t OCCUR aamhYwa = 20,000 S tMPI".LA LOi6 EACH OG1X C ocafsaLUMt $ 1 000 000 i asos77oasn 7/21/Zois 7l21/2016 ATE 300D000 1NON RS COMPIWMTNIN AND SWI-OYBtlLIOAK Y YIN ANY PR014tETOR1PAFMV3 WACUTrA OFFMBUMEMBER EXCLUDED? �NIA I EL EACH ACCIDINT : r d9�ab~�i0sr EL bobw -pOUCYLWIT 01BC11M710N OP OPlRATIDNS/tJ)CATgNa/VHS(ACpRD 10r,Aaslpr eMtwb e9 W�Idehd sew.�ppE IE�M Coverage la primary i non-contributory par 002001 0413, Certificate Bolder is additional insured (on-going)whan required by contract per C22033 0423 and (ooepleted operations) per C012037 0413. auto has additional Snsnred by ccotract and blanket waiver of Subrogation applies toe QiL and auto CERTIF"TE HOLDER CANCELLATION HOULD ANY OF THE ABOVI1 DESCROW POLICIES BE CANCILLED BEFORE City of Dacia Beach TB HE UPIRATION DATE THEREOF, NOTICE WILL 9E DELIVERED IN 100 Moat Dania Reach Blvd ACCORDANCE WITII THE POLICY PROVIIq WL Dania Reacb, IrL 33004 AlRN01MM RAPRMNBITATIVE e�•-)� Dirk DeJOag/JM •�• ,Q.G � lD INII-2014ACORD CORPORATION_An Agbls reserved. ACORD 25(2014f01) T ho ACOPM no"and toga an aglsbred mwim of ACORD NlSD26nmam i �►��'® °' CERTIFICATE OF LIABILITY INSURANCE "` � � THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING WSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCERAND THE CERTIFICATE HOLDER. IMPORTANT: Ifthe Certificate holder Is an ADDITIONAL INSURED,the policyon)must be endorsed. If SUBROGA71ON IS WAIVED,stlbjsCt to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificote does not confer rights to the certificate holder In lieu of such ems). PRODUCER oOaTAOY eA Rid[ Aon Risk Sen4ces Northeast,Inc. �ONE FAX New York NY Office N "M40 8r -= 199 Water Street ADDFM=: New York,NY 10038-3551 IN AFFORDING COVERAGE NAIC 7 INBURED INSURER A.Cmmr erce TdNet HR Corporation and all its atRllates and fubsidlarka' WWREFt IL, +s Iru Co 184t0 WD Thompson Inc.(Endorsed as altemate employer) INrld6 Nakorlal Ina C C o ust> DBA Beach Raker INSURER C:Ins Co Slate or Perm 18RSe 9000 Town Center Parkway INSURER D:NM'(Urdon Fire Ins Co of PMxxgN PA teK6 Bradenton,FL 34202 INSURER E:New Houvehke Ins Co xwt INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: MS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD N"CATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE pouciES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS, CLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limb shorn are s um TYPE OF INSURANCE ADM SUER POLICY MURDERPOLICY EFF POLICY EW LAM INSR VND GENERAL LIABILITY EACH OCCURREWE f COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES ■ommrme f _ CLAIMS•MADE OCCUR MED EXP Wq m f PERSONAL&ADV INJURY $ GENERALA"EGATE f GEKL AGGREGATE LIMIT.APPUES PER: PROOUCTS.COMPIOP AGG POLICY FIPROJECT LOC AUTOMOBILE LJABIaJTY COMBINED SINGLE LIMIT ANY AUTO BO04.Y INJIATY f ALL OVWED SCHEDULED Daoar oe LURv(Per AUTOS AUTOS f H EDAUTOS PROPERTY DAMAGE AUTOS f UNBRFII.A An ijOCCLIR FACH OOCURRQICE S otcLsas uAe CLAIMS-MADE AGGREGATE f DED BETE TION f A ANDawLG�aAUA�TY YIN 019521059(FL) 07/01/2015 07f01/2016 X � wn OTH" Awr X TORYULeTs ga CLUDm7 ._ NIA E.L.EACH ACCIDBYTmandolow In NH) If yes,desalbe ur9W ELL7-- EMPLOYEE fZ 00D 000 DESCRIPTION OF OPERATIONS below E.L.DISEASEPGUcr LIMIT f OK000 8Lw aBaelwO VMd of aahraeeaon In tevw d aAtAwle holder EeClePlloN OF OPERATIONS I LOCATIONS T VEHMM(Ats+asL ACORD nM,AddEarW Remarks acbo&i ,M more epsae Y n qukso.SW /76F TdNet HR II,Inc.and TrWet HR V Inc. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRBED POLICIES BE CANCELLED Dania Beach BORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE 100 W Dania Beach Blvd DELIVERED u1 ACCORDANCE WITH THE POLICY PROVISIONS. Dania Beach,FL 33004 AUTHORMWREPREWWrATM Aon Risk Services Northeast,Inc. ACORD=(IIo M" no APDRD ssrne and weo en mgft we mwks d 0 IN&MOACORD CORPORA AN 0".meiII vd. t WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies orgy to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Dania Beach: 100 W Dania Beach Blvd Dania Beach FL 33004 TriNet Client Number:8446/76F Client Name:WD Thompson Inc. DBA Beach Raker This endorsement changes the pollcy to which it is attached and is effective on the date Issued unless otherwise stated. (The Information below b required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Etfective See Accompanying Cartiflcats Policy No. Endorsement No. Insured:TriNet HR Corp. See Accompanying CertMcats Premium$ and all its aftlAates&subsidiaries �a Insurance Company.See Accompanying Certificate Counter Signed By WC000313 (Ed.4-84) a 1953 ftuonel council an Gompensman Insurance. A 1 EP CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/1YlY) 7/6/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jerri Moor NAME: Frank H_ Furman, Inc_ PHONE (954)943-5050 c No:(%4)942_6310 1314 East Atlantic Blvd_ AnnR' .jerri@furmaninsurance_com P_ 0_ Box 1927 INSURERS AFFORDING COVERAGE NAIC It Pompano Beach FL 33061 INSURERA:Everest Indemnity Ins Co 10851 INSURED INSURER B:MAPFRE W_D_ Thompson, Inc_, DBA: Beach Raker INSURER C: 220 NE 13 Street INSURERD: INSURER E: Pompano Beach FL 33060 INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 Mast Cert GL, Auto REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLrUBY EXP INSR TYPE OF INSURANCE POLICY NUMBER MM/DDY(YYYY MFF M/DD/YYYY LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 A CLAIMS-MADE � .. �OCCUR AMA r $ 50,000 CF4GL00324151 7/18/2015 7/18/2016 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,DOD,000 X POLICY 0 JECTPRO ❑LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINE SINGLE LIMIT $ 1,000,000 Ea accident B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 4150150011772 7/18/2015 7/18/2016 BODILY INJURY(Par accident) $ AUTOS AUTOS PROPERTY X HIRED AUTOS N AUTO WNED Per accident IDAMAGE $ Uninsured motorist combined $ 20,1100 UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ I $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N STATUTE ER_ ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Dania Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 W_ Dania Beach Blvd- ACCORDANCE WITH THE POLICY PROVISIONS. Dania Beach, FL 33004 AUTHORIZED REPRESENTATIVE Dirk DeJong/SUSY ^ '` '�.- ` ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS075(2nun11 ' AC DATEaDo/YYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Rlsk Management Department Aon Risk Services Northeast,Inc. PHONE I FAx New York NY Office (A/C.No Fin): 866 443-8489 A!C No): Boo M-0021 L 199 Water Street ADDRESS: work.compftinet.com New York,NY 10038-3551 INSURE S AFFORDING COVERAGE NAIC g INSURED INSURER A:Commerce&industry Inc Co 19410 TriNet HR Corporation and all its affiliates and subsidiaries' INSURER B:Illinois National Ins Co 23617 WD Thompson Inc.(Endorsed as alternate employer) DBA Beach Raker INSURER C:Ins Co State of Penn 19429 9000 Town Center Parkway INSURER D:Nati Union Fire Ins Cc of Pittsburgh,PA 19445 Bradenton,FL 34202 INSURER E:New Hampshire Ins Co 23841 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, XCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as ragnested INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD WDD GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PR MISE Eaoau nce CLAIMS-MADE DOCCUR MED EXP(Any one n) $ PRODUCTSICOMPLETED OPS PERSONAL&ADV INJURY GENERAL AGGREGATE 'L AGGRE LIMIT APP ER: PROD OMP/OP A G POLICY PROJECT LOC AUTOMOBILE LIABILITY Each aaldeM ANY AUTO BODILY INJURY Perperson) ALL OWNED SCHEDULED BODILY INJURY(Per AUTOS AUTOS accident HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ A WORKERSCOMPENSA770N 064568312(FL) 07/01/2016 07/01/2017 X PUTE R oTH- AND EMPLOYERS'LIABILITY YIN X TAT ER ANY PROPRIETOPJPARTNER/EXECUTIVE $2,000,ODO OFFICERIMEMBER EXCLUDED? E.L.EACH A ID ENT (Mandatory In NH) E.LDIS E- EMPLOYEE $2,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMB See attached Waiver of Subrogation in favor of certificate holder DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required):8446 1 76F TriNet HR II Inc.and TdN t HR V.Inc. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Dania Beach BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE 100 W Dania Beach Blvd DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Dania Beach, FL 33004 AUTHORIZED REPRESENTATIVE Aon Risk Services Northeast, Inc. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 019811-2014 ACORD CORPORATION.All rights reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Dania Beach: 100 W Dania Beach Blvd Dania Beach FL 33004 TriNet Client Number:8446/76F Client Name:WD Thompson Inc. DBA Beach Raker This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective See Accompanying Certificate Policy No. Endorsement No. Insured:TriNet HR Corp. See Accompanying Certificate Premium$ and all its affiliates&subsidiaries Insurance Company:See Accompanying Certificate Counter Signed By �aC WC000313 (Ed.4-84) ©1983 National Council on Compensation Insurance.