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HomeMy WebLinkAboutR-2018-024 - Authorizes the Execution of an Amendment to the Agreement with Sam's Landscape Maintenance, Inc.for Additional Landscaping Services Not to Exceed $51,180.00 RESOLUTION NO. 2018-024 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH SAM'S LANDSCAPE MAINTENANCE, INC. FOR ADDITIONAL LANDSCAPING SERVICES IN AN AMOUNT NOT TO EXCEED FIFTY ONE THOUSAND ONE HUNDRED EIGHTY DOLLARS ($51,180.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 27, 2015 the City Commission approved Resolution 2015-126 to award the Landscape Maintenance for Grounds and Right-of-Way Maintenance Agreement to Sam's Landscape Maintenance, Inc., in an amount not to exceed Three Hundred Fifty Thousand Dollars ($350,000.00) attached as Exhibit"A"; and WHEREAS, Public Services is requesting the City Commission to approve an amended contract for additional landscaping maintenance within the City attached as Exhibit `B" for a not to exceed amount of Fifty One Thousand One Hundred Eighty Dollars ($51,180.00) which brings the total contract amount to Four Hundred One Thousand One Hundred Eighty Dollars ($401,180.00), which also includes a Twenty Four Thousand Two Hundred Seventy Two Dollars ($24,272.00) contingency for additional expenses that may be requested and that are outside the Scope of Service; and WHEREAS, the additional scope of services includes Fronton Boulevard, Griffin Road 1-95 Ramps, Griffin Road/Old Griffin Road Bridge, swale on the east side of Collins Elementary School (opposite CW Thomas Park), NE 2"a Street (across from Frost Park) Ravenswood Road, Dania Beach Boulevard Bridge, 1st Avenue/1st Street (Jean Cook right-of-way) and Frost Park soccer fields (additional cuttings per month); and WHEREAS, Public Services and Sam's Landscape Maintenance, Inc. wish to amend the previously approved Landscape Maintenance Agreement; 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 to be true and correct, and they are made a part of and are incorporated into this Resolution by this reference. Section 2. That the City Commission approves the execution of the Amended Landscape Maintenance Agreement, a copy of which is attached as Exhibit "B", and made a part of and incorporated into this Resolution by this reference. Section 3. That the appropriate City officials are authorized to execute the Amendment to the Sam's Landscape Maintenance, Inc. Agreement and any additional documents pertaining to the Amended Agreement and to take all action necessary to implement the terms and conditions of the Landscape and Maintenance Agreement as amended. Section 4. That funding is available and appropriated in the FY 2017-2018 budget in the Public Services Parks Maintenance & Street Division Grounds Maintenance Accounts 001- 39-04-539-46-50 and 001-39-06-541-46-50. 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 its passage and adoption. PASSED AND ADOPTED on February 13, 2018. ATTEST: �'s F1�r��r� LOUISE STILSON, CMC MARA JAN6 CITY CLERK AYOR gyp. A}'EV 19" APPROVED AS TO RM AND CORRECTNESS: a � r THOMAS J A O CITY ATT I N Y 2 RESOLUTION#2018-024 AGREEMENT This is an Agreement("Agreement") dated /Q �r 1 , 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 Sam's Landscape Maintenance, Inc., a Florida corporation(the "Contractor), with its principal place of business located at 14030 SW 20 Street,Davie, Florida 33325. 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. 15-017,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 grounds and right-of-way maintenance 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 Three Hundred Fifty Thousand Dollars($350,000.00). 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 three (3) year contract from date of award for the services. 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 one (1) additional three (3) year period, with prices firm for the first three (3) years under the same terms and conditions of this Agreement by mutual consent, in writing,by both parties. 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 TERMNATION 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: Sam's Landscape Maintenance,Inc. Attn: Mr. Sabino Diliddo,Jr. 14030 SW 20 Street Davie,Florida 33325 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 (14th) 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: Sam's Landscape Maintenance, Inc. Attn: Mr. Sabino Diliddo,Jr. 14030 SW 20 Street Davie,Florida 33325 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 Finn'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 BINDHNG 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 CONFLICT 25.1 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 in .cipal corporatio LOUISE STILSON,CMC e�o`� S f'�r . SALVINO, SR. CITY CLERK YO 1 ti APPROVED FOR F ib—BERf BALDWIN CORRECTNESS: CITY MANAGER THOMAS J. B O CITY ATTO Y 14 CONTRACTOR: SAM'S LANDSCAPE MAINTENANCE, INC.,a Florida corporation -IL, Signature Signature gaL N n PRINT Name PRINT Name ©wner Signature TITLE PRINT Name STATE OF FLORIDA COUNTY OF 4 jr4eljM, p B FORE a on ,✓dyi�J�l� ! 2015, personally appeared &I L49h.,, as —vlr� of SAM'S LANDSCAPE MAINTENANCE, INC., 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. S sonall known to me or produced as identification. N0g9WY PUBLIC I State of Florida My Commission Expires: ��1�.�,I✓��)� tEN�Er M.ta�cowan y rueNe•pNe of Fla1i�d� • pp��lhi1011•R� IIII.I\`, 15 EXHIBIT"A" SCOPE OF SERVICES A. Contractor shall maintain the contractually covered grass Areas at the prescribed frequency rate with conventional production style mowing and lawn maintenance equipment. Any exceptions to the specific schedule shall be granted by Mr. Brad Kaine.,Director of Public Services or his designee. B. Mowing shall be done at a height of three (3)inches each cut. The Contractor shall mow all grass in the following intervals: 1. April 1 through November 30: Once every ten (10) calendar days (minimum three(3)per month). 2. December 1 through March 30: Once every fourteen (14) calendar days (minimum two(2)times per month). The calendar year will have a total of thirty-four (34) cuts. This schedule shall be modified by the Interim Director to either increase or decrease the number of cuttings per year. If, in the opinion of the City, a modification due to abnormal conditions is deemed necessary, the City will notify the Contractor as far in advance as reasonably possible of any maintenance requirement changes. C. Contractor shall fertilize all grass areas three (3) times per year in March, July, and October, weather permitting. A NPK 24-2-11 fertilizer with no less than 2% water insoluble nitrogen and 40% organic filler shall be used in March. Atrazine and 13-3- 13 slow release fertilizer shall be used in October. Trees are to be fertilized three (3) times a year in March, July and October with a palm special 13-3-13 fertilizer with slow release potassium. Manufacturer's recommended rate of application will apply for all three (3) compositions. The chemical composition of the fertilizer must be approved by the City prior to application to check for appropriate trace minerals. The Interim Director or his designee must be notified at least twenty-four(24)hours prior to application of fertilizer for verification of use and type. Fertilization, including provision of the fertilizer, is considered a part of the maintenance function in its entirety. D. Upon arrival at a job site for the cutting operation, the Contractor shall immediately survey the Area to remove all litter, glass, rocks, dead foliage and debris, subject to them becoming a projectile, if engaged by a mower. All grass clippings, vegetative trimmings and existing overburden shall be blown or vacuumed from the street and walk areas on the same day maintenance is performed prior to leaving the site. Raking of leaves and other debris shall be performed at the base of the shrubbery and all other areas to maintain a neat and aesthetic appearance. Contractor shall remove all waste materials from the maintenance Areas of operation and properly dispose of all waste materials at the Public Services Site located at 1201 Stirling Road in Dania Beach, Florida. Debris is not to be blown into streets or onto pedestrian pathways. 16 Pathways and sidewalks shall be blown clear and swept or vacuumed prior to leaving the site. E. Contractor shall trim all hedges and shrubs to a uniform height during each site visit. Hedge material located in the medians shall be trimmed so as not to exceed three (3) feet in height and may not overlap the curbing. A six (6) inch clearance between hedge and inside face of curbing shall be maintained. Exceptions due to existing conditions need to be approved by the Interim Director or his designee. Some areas are to be hand pruned as needed, or required. F. Tree trimming shall be required in all Areas under Contract. Trees shall be trimmed to a minimum clearance height of eight (8) feet. At the Florida Department of Transportation Right-of-Way, clearance shall be thirteen (13) feet. Tree suckers (water sprouts) are to be removed as they grow. The Contractor shall trim all overgrowth where it obstructs or restricts sight distance view of vehicles, i.e., limbs hanging into the roadway from the median or swale or landscaping taller than thirty (30) inches. Contractor shall also be responsible for removing limbs from the roadway that emanate from Areas under Contract. The Contractor shall be alert to remove traffic hazards (such as, but not limited to the obstruction of stop signs and other roadway signs)or unsafe conditions caused by tree limb obstruction during each site visit. Dead palm fronds shall be disposed of along with daily trash pickup during normal maintenance frequencies. The Interim Director or his designee will address any possible variation to this on an individual basis. G. Edging shall be done along all sidewalks, curbs, blacktops, walkways, asphalt paths and road edges with a gas operated edger during each site visit. Grass shall also be edged back where it encroaches upon the street from the swale or other areas. Edged material shall be blown clear, swept or vacuumed and collected for disposal by the Contractor. H. Weeding shall include, but is not limited to, ornamental beds, bases of shrubbery and hedges, sidewalks, curb lines and any other areas where weeds exist, including medians devoid of grass. Weeds may either be manually pulled or sprayed with "Round-Up" or a similar type of herbicide, approved by the Interim Director or his designee. Weeding or spraying shall occur at least monthly on all areas, especially medians with significant landscape. All tree beds are to be completely clear of weeds at all times. Weed control must only be applied when there is no danger of accidental application that will damage surrounding trees, shrubbery, groundcover or other vegetation. Weeds must be controlled by hand if the conditions are not favorable for spraying herbicide. It is imperative that all safety requirements of dispersing herbicides be carefully followed. Copies of instructional material on herbicide application are available at the Broward County Extension Agency, in the Town of Davie. Any applicator shall be thoroughly familiar with its contents for personal and public safety. I. Herbicide applications must be performed by a Certified Pest Control Operator who must hold a Lawn and Ornamental Certificate issued by the Florida Department of Health and Rehabilitative Services, Entomology Service Division. All pesticide application classified as restricted use shall be carried out by a certified applicator or 17 under the direct supervision of a certified applicator. It is also required that when applying any herbicides to areas of heavy pedestrian traffic, such as City Hall, spray application warning flags are to be clearly displayed to designate the Areas. J. Weed eating shall be done around all fixed objects exposed in the turf, including but not limited to trees, poles, posts, irrigation heads or any other fixtures found in such settings. Weed eating shall be done with string trimmer with careful attention around trees to ensure that the tree does not girdle. Many trees have rings around the base to prevent this type of injury; if there is not a ring around the tree, attention must be brought to the Interim Director or his designee to provide a ring. K. Evidence of insects shall be brought to the attention of the Interim Director or his designee. L. The Contractor shall inform the Interim Director or his designee of any immediate safety hazard, or vandalism including graffiti upon discovery in the field. The Contractor shall contact the City of placement of barricades where hazards exist to safeguard the Area until the situation can be corrected. The Contractor shall contact the City if any holes are found constituting a hazard. M. The Contractor, upon completion of mowing a section, shall inform the Interim Director or his designee of any damage to the irrigation system, and it shall be repaired or replaced and returned to operating condition within twenty-four (24) hours. The Contractor must notify the Interim Director or his designee when the situation has been rectified. N. All Areas are to be maintained in a condition acceptable to the Interim Director or his designee. Work is to be completed Monday through Saturday starting no earlier than 7:00 A.M. and must end by sunset or 6:00 P.M., whichever is earlier. O. When mowing in traffic medians,personnel are required to wear safety vests. Proper safety signage, cones, flagmen or other warning devices shall be used to alert motorists of work in the Areas. All signs shall be temporary and must be in accordance with the Florida Department of Transportation. OSHA standard shall be utilized where applicable 18 5616740775 MACK INSURANCE. 10:45:38a.m. 11-16-2015 2/2 ffM ACURD CERTIFICATE OF LIABILITY INSURANCE °9/`�M'0101S 9/z9/zais 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: I the cerlficate holder Is an ADDITIONAL INSURED,the poficy(Ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the trams and conditions of the poky,certain po0des may requke an endorsement. A statement On this certllcate does not confer rights to the cerNfleate holder In Ilau of such andorsement(s. PRODUCER cOwAcr Della M. bore Mack Iasnrance Group P (561)674-0774 (5 611 67 4-07 75 AL 7251 A. Palmetto Park Rd dmooratmackinagroap.com suite 206 INSURERM AFFORDING COVERAGE NAIC Hoaa Raton EFL 33433 INSURERA4= 11515 INSURED amuRERa:rlorida Retail Federation Sir 10700 Sam's Landscape Maintenance, Inc. INSURHiC• 14030 all 20 Street IC INSURER E Davie rL 33325 II P- CCOVERAGES CERTIFICATE NUMBER.-CLIg92933193 REVISION NUMBER, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BB-OW HAVE REM ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RIMUIMMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO VMCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR EFF POLL L7R 7YPEOFINSURANCE POLICYNUNRER X COMMERCIAL GENERAL.UABIRM EACH O S 1.000,000 A MU94AMF E❑OCCUR PREM11SES ffs c=mmml $ 100,000 SCLOD41053 2/27/2015 2/27/2016 MEO0tP(Agmep=m) S 3,000 PERSONAL&AOVINJURY S 1,000,000 GENE.AGGREGATE WaT APPLES PER GENERAL AGGREGATE r 2,000,000 % POLICY ElJPE14CT- ❑LOC PRODUCTS-COMIPIOPAM S Iaaluded OTHER COMSINEU SINGLE LIMIT S AUTOMOBILE LIABILITY �_ S ANY AUTO RWLY MIRY ww perm) S LED lN70LY INJURY(Ps a S AUTOS AUTOS HIRED AUTOS pg erbe PSETY DAMAGE S S LMYIRELLA LLABHCLAIM54AADE OCCUR EACH OCCURRENCE S OMMLIAL AGGREGATE S DED S W=(EBsCOMPENSA KINI PER AND EMPLOYERS LIABRISY �,ry p�pRM�rlp� Y�NIA EL EACH ACCIDENT S 100,000 $ OFyFseI, UDW7 520-1O0Tfi 10/25/2015 10/25/Z016 EL DISEASE S 100,000 dendmOISCRPTION OF ERATIONm below EJ_OISEASE-POLICYLJMIr s soo 000 �eCRP710N OF OPENATNINS!LOCATIONS 1 VEHCLES(ACORD 157,AeMtlonal Retoarla Sd�edula,aury bs aKeclwd N crone epees h npWnd) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED l City of 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 AUTHORIrJB7 REPREOBITATNE Jay Mack/DELLA a '� ED 1968-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD tNS025 rAtiNenn IMPORTANT - IDENTIFICATION CARDS MUTL VOL FOLD TOP AND BOTTOM OF CARD ON PERFORATION STATE FARMS FOLD TOP AND BOTTOM OF CARD ON PERFORATION StateFarm FLORIDA AUTOMOBILE INSURANCE Statefarm FLORIDA AUTOMOBILE INSURANCE IDENTIFICATION CARD IDENTIFICATION CARD gag FAHhj POUCY NUMBER CO.NUMBER EFFECTIVE DATE POLICY NUMBER CO.NUMBER EFFECTIVE DATE C40 2854-FO742 4 097" J UN 07 2015 C40 265+F97-59 4 09785 J UN 07 2015 PEZONALINJF-xlPROTECTION URY I DAMAGE PROPERTYQ INJURY PBODILY R�EL�N URY I PROPERTY INJURY NAMED INSURED NAMED INSURED DI UDDO,SAM MUTL D1 UDDO,SANE MUTL VOL VOL COVERAGES A P1D C D500 GM US COVERAGES A P10 C D500 GM US YR MAKE VEHICLE IDENTIFICATION NUMBER YR MAKE VEHICLE IDENTIFICATION NUMBER 19" FORD 1FDLF47FSTEB225M 1998 FORD IFDLF47MF822586 AGENT DAWN WAGNER AGENT DAWN WAGNER PHONE (954)i89.7007 NAIC 25178 PHONE (111UP !•7007 NAIC 25178 NOT VALID MORE THAN ONE YEAR FROM EFFECTIVE DATE NOT VALID MORE THAN ONE YEAR FROM EFFECTIVE DATE KEEP A CARD IN YOUR CAR. THIS CARD IS INVALID IF THE POLICY FOR WHICH IT WAS ISSUED LAPSES OR IS TERMINATED. 5559105636 KEEP YOUR CURRENT CARD UNTIL THE EFFECTIVE DATE OF THIS CARD. 4 A SYS PENDI IMPORTANT - IDENTIFICATION CARDS MU eye L FOLD TOP AND BOTM OF CARD ON PERFORATION STATE FARM TO FOLD TOP AND BOTTOM OF CARD ON PERFORATION ..............._. .. .. ..._. ... _.. __ stateFarm FLORIDA AUTOMOBILE INSURANCE states FLORIDA AUTOMOBILE INSURANCE IDENTIFICATION CARD IDENTIFICATION CARD PUUCY NUMBER CO.NUMBER EFFECTIVE DATE POLICY NUMBER CO.NUMBER EFFECTIVE DATE C40 2845497.59 4 09785 J UN 07 2015 C40 2645+07.59 4 (( 09785 J UN 07 2015 QPROTECTIONPERSONAL INJURY ( PROPERTY DAMAGE X INJURY Q PRBODILY O ECTIION URY ( PDAMAGE L_t INJURY NAMED INSURED NAMED INSURED DI UDDO,SAM MUTL DI UDDO,GIAM MUTL VOL VOL COVERAGES A P10 C D500 GM US COVERAGES A P10 C D500 fi800 US YR MAKE VEHICLE IDENTIFICATION NUMBER YR MAKE VEHICLE IDENTIFICATION NUMBER 2002 IINTL 1HITUNAAM121i54S424 2002 INTL 1N'(11ANAAM12H548424 AGENT &)AWN WAGNER AGENT DAWN WAGNER PHONE (954)Uil-7007 NAIC 25178 PHONE (954)889.7007 NAIC 25175 NQT.VALID MORE THAN ONE YEAR FRDM EFFECTIVE DATE _ NOTVALID.MORE THAN ONE YEAR FROM EFFECTIVE DATE ita,l� Uri B MISREPRESENTATION OF INSURANCE IS A FIRST uatenm, MISREPRESENTATION OF INSURANCE IS A FIRST DEGREE MISDEMEANOR DEGREE MISDEMEANOR IFYOU HAVE AN ACCIDENT-NOTIFY THE POLICE IMMEDIATELY iF YOU HAVE AN ACCIDENT-NOTIFY THE POLICE IMMEDIATELY 1. Get names addresses,and phone numbers of persons involved and witnesses. 1. Got names.add resses,and phone numbers of persons involved and witnesses. Also gotdrrver license numbers of persons involved and license plate numbers/ Also got driveriiconse numbers of persons involved and license plate numbers/ states of vehicles, states of vehicles, 2, Don't admit fault ordcscuss the accident with anyone but State Farinorpolice. 2, Dont admitfa ult or discuss the accid ant with a nyo no but State Farm a r po lice. 3. Promptly notify your agent log on to statefarm.cumO,or visit State Farm Pocket 3. Promptly notify your agent log on to statefarm.comO,orvisitState Farm Pocket Agent@"i file a claim. AgentV to file a claim. For Emergency Road Service call 1-877-627-5757. For Emergency Road Service call i-877-627-5757. EXW1AlFPOt'.iCV EXCLt X9NSCAREFULLK TAUS ft7W DOESWT FXA6f1111f P&W EXCLUSIOW CARMLY.INISFDNN DOESNOT cmvsrinflE NYPANrOFyotsiNSGWgmCEPAtIcy. cownnqrANypAgri)FyomiNsuRANcEpoLicy. How to identify your coverage-See policy forfirii name and definition Now to identifyyour coverage-Soo policytor fug name and definition A Rtxkly lryury liability H Emergency Road Service U Uninsured Motor Vehicle A Boddy Injury Liability H Emergency Road Service U Uninsured Motor Vehicle B Property Damage Liability P No-Fault U3 Wnsured Motor Vehicle R Property Damage Liability P No Fault U3 Urtinsurod Motor Vehicle C Medical Payeents Ri Car Rental end Tavel Expunses NDnstacked C Medieal Payments Rt Car Rental and Travel Expenses Nonstacked 1) CornprehensW S Death,Dismotrkorment and UNDC Use of NDnowned Cars D Compttthensive S Death,Dismemberment and UNnC Use of Nonowned Cars 6 collision Loss of Sight G Collision Loss of Sight MANY STATES FIEWRE EVIDENCE OF INSURANCE ON OHNAND.ONE OF THESE CARDS SHOULD BE CARRIED IN THE VEHICLE AT ALL TIMES. A toll tras number is aysildds for Earergency Mead Servi sa and is reacted on your Itnaraaos card RlateFarm MISREPRESENTATION OF INSURANCE IS A FIRST s€ateFarm MISREPRESENTATION OF INSURANCE IS A FIRST DEGREE MISDEMEANOR DEGREE MISDEMEANOR IFYOU HAVEAN ACCIDENT-NOTIFY THE POLICE IMMEDIATELY IFYOU HAVE AN ACCIDENT-NOTIFY THE POLICE IMMEDIATELY 1. Get names{addresses,and phone nurnbers of persons Welvad and witnesses. 1. Got namastaddresses,and phone numbers of persons invu,Wad and witnesses. Also g et d river license numbers of persons Involved and license plate numbers/ Also getdmer license numbers of persons invohted and license plate numbors/ states of Vehicles, status of vehicles. 2. Don't admitfouitor discuss the accid ant with anyonab tit State Farmorpolice. 2. Dontadmittouhor discuss thaacckie tit with anyonobut State Farmorpolice. 3. Promptly notify yoitragert log on to slatefarm.como,or visit.State Ferm Pocket 3. Promptty notify youragent log on to stotafarm.colnO,arvisitState Farm Pocket AgontQ to file a claim. AgenO to file a claim. For Emergency Road Service call/-817-10-573t. Far Etmrgency Hoed Service tall1-877-W-111M. EWOMPOWYEXtxMONSCANEWELY.rtlraw&NDOESALor E71fiWMTPQicrEXcttlst0IYSC4Rrf41ILr.17NSFGWDWINvr COAfSnrtREANrPANrOFtUtllliNSUNWCEPaUcr. CaNSTMOTANYPMTOFYOIXMNXANCEPOUCY Howie identify your coverage-See policy for full name and definition Howto idontfyyeurcoverage-See policytortuli name anddeffnition A RD*injtay Liability H Emergency Road Seroce U Uninsured Mortar Vehicle A Roddy Injury Liability H Emergency Read Sorvice U Uninsured Motor Vehicle B. Proparly Darrwgu Liability P No-Fault U3 Uninsured Motor Vehicle 8 Property Damage Lrebiky P No-Faint U3 Uninsured Motor VohiclD C Medical Payments III Car Rental turd Travel Expenses Nonstacked C Medical Payments Rl Car Randal arc/Trovet Expanses NotrsRncked D Comprehansive S Death ftmamnbermerd end UNDC Use of Nonamred Cat a D Comueherr" S Death,Dismemberment era/ UNIXUse of Nonownud Cars 6 Common loss of Sk tt 6 Collision Loss of Sight AMENDMENT TO AN EXISTING GREEMENT BETWEEN THE CITY OF DANIA BEACH AND SAM'S LANDSCAPE MAINTENANCE,INC.,RELATING TO GROUNDS AND RIGHT OF WAY MAINTENANCE SERVICES This is an Amendment(the "Amendment")to an Agreement(the "Agreement") existing between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") and Sam's Landscape Maintenance, Inc., a Florida corporation (the "Contractor") for grounds and right-of-way maintenance services. A copy of the Agreement is attached as Exhibit"A", and it is made a part of and is incorporated into this Amendment by this reference. In consideration of the mutual covenants,terms and conditions contained in the Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows: 1. The following are additions to the existing Scope of Services, for work to be performed at the following locations: a) Fronton Boulevard b) Griffin Rd 1-95 Ramps c) Griffin Road @ Old Griffin Rd Bridge d) Swale on the east side of Collins Elementary School(opposite CW Thomas Park) e) NE 2nd Street-Across from Frost Park f) Ravenswood Road g) Dania Beach Blvd Bridge h) 1 st Avenue/1 st Street(Jean Cook right-of-way) i) Frost Park Soccer Fields(additional 2 cuttings) 2. The total cost of the additional services is an amount not to exceed Fifty One Thousand One Hundred Eight Dollars($51,180.00) 3. 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 Amendment effective as of , 2018. ATTEST: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation LOUISE STILSON, CMC TAMARA JAMES, MAYOR CITY CLERK APPROVED AS TO LEGAL FORM: ROBERT BALDWIN CITY MANAGER THOMAS J. ANSBRO CITY ATTORNEY 1 CONSULTANT: WITNESSES: SAM'S LANDSCAPE MAINTENANCE, INC., a Florida corporation Signature Signature PRINT Name PRINT Name Signature Title PRINT Name Date STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on , 2018, by as of Sam's Landscape Maintenance, Inc., a Florida corporation, on behalf of the Corporation. He/she is personally known to me or has produced as identification and did(did not)take an oath. NOTARY PUBLIC State of Florida at Large My commission expires: 2