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HomeMy WebLinkAboutR-2019-086 City Authorizing to Execute a One (1) Year Renewal of the Existing Agreement w/ Beach Raker, LLC for Beach Cleaning Svcs Which Services Shall Not Exceed the Annual Amount of ($106,142.40) RESOLUTION NO. 2019-086 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A ONE (1) YEAR RENEWAL OF THE EXISTING AGREEMENT WITH BEACH RAKER, LLC, FOR BEACH CLEANING SERVICES WHICH SERVICES SHALL NOT EXCEED THE ANNUAL AMOUNT OF ONE HUNDRED SIX THOUSAND ONE HUNDRED FORTY TWO DOLLARS AND FORTY CENTS ($106,142.40); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City awarded a contract for beach cleaning services to Beach Raker, LLC, (the "Contractor"), under Request for Proposals ("RFP")No. 18-006; and WHEREAS, on September 11, 2018 and pursuant to Resolution No. 2019-125, the City Commission approved the execution of the Agreement, a copy of which is attached as Exhibit "A" and incorporated into this Resolution by this reference; and WHEREAS, the term of the Agreement is for one (1) year with the City's sole option to renew for two (2) additional one (1) year periods; and WHEREAS, the Director of the City Parks and Recreation Department recommends that the City Commission authorize the execution of the First Renewal to the Agreement for a one (1) year period effective through September 11, 2020 for an amount not to exceed One Hundred Six Thousand One Hundred Forty Two Dollars and Forty Cents ($106,142.40); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute the First Renewal to the Agreement with Beach Raker, LLC, which Renewal is attached as Exhibit `B" and incorporated into this Resolution by this reference, for beach cleaning services for an amount not to exceed One Hundred Six Thousand One Hundred Forty-Two Dollars and Forty Cents ($106,142.40), effective through September 11, 2020. Section 2. That funding and appropriations are planned for each year and are available in the City's Beach Professional Services General, Recreational Department Budget Account No. 001-72-02-572-31-10. 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 all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on August 27, 2019. ATTEST: ���p► BF,q� o ti THOMAS SCHNEIDER, CMC LORI LEWELLENN CITY CLERK MAYOR �BtISHE��' APPROVED A TO FORM AND CORRECTNESS: TFIOM,KS V. A S R CITY ATTO E 7 2 RESOLUTION#2019-086 i `l AGREEMENT This is an Agreement("Agreement") dated j{P n,Oer f ,2018, 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 Beach Raker, LLC, a Florida Limited Liability Company (the "Contractor"), with its principal place of business located at 220 NE 13th Street,Pompano Beach,Florida 33060. The City requires services which Contractor is capable of providing, under the terms and conditions described in this Agreement. In consideration of the mutual terms, conditions, promises, covenants and payments set forth in this Agreement, the sufficiency and receipt of which are acknowledged and agreed upon.City and Contractor agree as follows: ARTICLE 1.0 SERVICES AND RESPONSIBILITIES 1.1 The Contractor's responsibility under this Agreement is for beach cleaning services for the City as further described in the Scope of Services in Exhibit "A", a copy of which is attached to and incorporated into this Agreement by this reference. 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. 1.2 The cost for such services shall not exceed an annual amount of One Hundred Six Thousand One Hundred Forty Two Dollars and Forty Cents($106,142.40) 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. 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 i 2.1 TERM: The term of this Agreement will be for a one (1)year period with the City's sole option to renew for two(2)additional one(1)year periods. s Exhibit "C" t 2.2 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 are stopped fora 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. 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 upon the City, including but 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 under this Agreement; or 2 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 excess. 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 (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 or delay 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 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 this Agreement concerning Contractor delay. 3.5 SUSPENSION BY THE CITY FOR CONVENIENCE I. The City may,without cause,order the Contractor in writing to suspend or delay 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 or delay, including reasonable profit on such increased cost; provided however, that no adjustment will be made to the extent: 3 A. that performance is, was, or would have been so suspended or delayed 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 or delay;or D. that an equitable adjustment is made or denied under another provision 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: Beach Raker,LLC 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 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. 4 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 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; (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 certifications 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", 5 3 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 are 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 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: 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 6 k 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 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. 3 f 4 7 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 any subcontractor is used for any portion of any services, then such i 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 perform the services. 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. 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 on 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 provisions of Article 3 will be enforced at City's discretion. 8 'l 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. F 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 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, each party shall bear its own attorney fees and costs. 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 until the dispute is resolved. ARTICLE 13.0 NUSCELLANEOUS 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. 9 t t 13.2 Signature of this Agreement 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 Agreement are accurate, complete and current as of the date of the Agreement 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. 13.3 Any of Contractor's employees who may come into contact with the public shall perform their duties in an efficient and courteous manner. Contractor shall insure all its personnel are courteous and cooperative and present a neat,clean and professional appearance at all times. Failure of an employee to do so shall be grounds for the City to demand his or her removal from their duties. Contractor shall provide the City with the name and telephone number of a management person who will be on call at all times for emergencies or other matters related to the operations under this Agreement. 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. 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. 10 C 6 a ARTICLE 16.0 NOTICES 16.1 Whenever any party desires to give notice to the other parry, 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: City Manager City of Dania Beach,Florida 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Copies to: Thomas I Ansbro, City Attorney City of Dania Beach, Florida 100 West Dania Beach Blvd. Dania Beach,FL 33004 Contractor: Beach Raker,LLC 220 NE 13t'Street Pompano Beach,Florida 33060 ARTICLE 17.0 PUBLIC RECORDS 17.1 Contractor shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Contractor shall also maintain the financial information and data used by the Contractor in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books,records, documents and other evidence for inspection, audit and copying during normal business hours. The ` Contractor will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act,Chapter 119 of the Florida Statutes,may have application to records or documents pertaining to this Agreement and Contractor acknowledges that such laws have possible application and agrees to comply with all such laws. Upon request from the City custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,Florida Statutes, or as otherwise provided by law. I Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this j Agreement are and shall remain the property of the City. 11 a4a 0 a S g� B Upon completion of the Services under this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager,at no cost to the City,within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Any compensation due to Contractor shall be withheld until all records are received as provided in this Agreement. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. Section 119.0701(2)(a),Florida Statutes IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: THOMAS SCHNEIDER, CMC CITY CLERK Mailing Address: 100 W. Dania Beach Boulevard Dania Beach,Florida 33004 Telephone number: 954-924-9800,Ext. 3624 Email: tschneider(a),daniabeachfl.gov ARTICLE 18.0 BINDING 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 parry with respect to all provisions contained in this Agreement. 12 } 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 SEVERASILITY 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. 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 shalt 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. 13 I i I 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 CONFLICT 24.1 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. 4 1 SIGNATURES SHOWN ON THE FOLLOWING PAGES 14 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. a CITY: CITY OF DANIA BEACH,FLORIDA, ATTEST: a Flori P municip 71�orporation ISCH THOMAS SCHNEIDER, CMCTAMARA JA*j CITY CLERK MAY R ..................................................... APPROVED FOR F RM AND R(fBERT DWIN CORRECTNESS: CITY MA14AGER THOMAS J. R(V CITY ATTORVY 15 CONTRACTOR: BEACH RAKER,LLC a Florida Limited Liability Company 9ZLkA ature Signature L PRINT a PRINT Name Si tune TITLE 1 PRINT Name STATE OF FLORIDA COUNTY OF 132°wAQ-►) a BEFORE me on 10 2018, personally appeared Spells�as P24s AE-vr of BEACH RAKER, LLC, a Florida limited liability company, on behalf of the company, 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 T as identification. T RY 45UBLIC State of Florida My Commission Expires: JOSEPH PENtA MY COMMISSION#QG081871 ' y�.. EXPIRES November 30.2020 16 E s EXHIBIT"A" SCOPE OF SERVICES 1. Tide line: Remove all man-made materials along approximately 2,200 feet of shoreline. Make multiple passes along shoreline with tractor-towed beach cleaner machine as necessary to gather and bury all seaweed. Seaweed will be buried at a minimum depth of 12", which will be in compliance with Florida Department of Environmental Protection ("FDEP") regulations. The City is further requesting light or moderate seaweed be raked and covered with sand to smooth any ruts. If heavy accumulation of seaweed occurs,the City requires that seaweed be picked up and removed from the beach and disposed of in off-site dumpsters. 2. Upper Beach: Sanitize and groom upper beach area from ten feet east of dune line, seaward to the high water line. This must provide a smooth cleaned combed appearance to the beach without tire tracks. This service shall only be performed during the months of November through 1 February (outside of turtle nesting season). Special permits must be obtained from the Florida Fish and Wildlife Commission (the "FWCC") on behalf of the City of Dania Beach to use this equipment during turtle season. 3. 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. 4. 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. 17 a i ® DATE(MMIDDIYYY1r) CERTIFICATE OF LIABILITY INSURANCE 08110/2018 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS —_ ERT)FICATE 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 have ADDITIONAL INSURED provisions or 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). AT PRODUCER NSA .O Bouchard Insurance for Frank Crum PHONE rAAXC No): 0 101 Starcrest Drive VVIAIL Clearwater,FL 33758 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Zurich Insurance Company 40142 INSURED INSURER B: FrankCrum 12,Inc.Alt Emp:Beach Raker LLC INSURER C: 100 South Missouri Avenue Clearwater FL 33756 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:IBFLOB0969170 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. i D POLICY EFF POLICY EXP p LTSRR TYPE OF INSURANCE POLICYNUMBF-R DD MMID LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES a o r e MED EXP(Arry one arson) S PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY❑JECT LOC PRODUCTS-COMPIOPAGG $ $ i OTHER: AUTOMOBILE LIABILITY CO BUIi mSINGLE MIT $ i i ANY AUTO 80DILY INJURY(Per person) $ [ OWNED SCHEDULED BODILY INJURY(Per sociderM S tf{ AUTOS ONLY Alfr05 PROPERTY DAMAGE HIRED NON-OWNED (Par accident $ AUTOS ONLY H AUTOS ONLY S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CWMSMADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION x STATUTE ER I AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y❑ NIA WC47-58512-07 06/01l2018 06/01/2019 EL EACHACCIDENr $ 1,000,000 = A OFRCER/MEMBEREXCLUDEDI EL DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes desalt under EL DISEASE-POLICY LIMIT i$ 1,000 000 DESGLRIPnON OF OPERATIONS below Location Coverage Period: 08/09/2018 06/01/2019 Client# B0265-FL DESCRIPTION OF OPERATIONS I LOCATIONS I VENCLES(ACORD 10%Additional Remarks Schedule,maybe attached B more space is required) Beach Raker LLC onlyoveragethose is provided for 220 NE 13th St only thD�caamployees of,but not subcontradors Pompano Beach,FL 33060 j to: CERTIFICATE HOLDER CANCELLATION City of Dania Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Beach Blvd. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 W.Dania �— Dania Bead FL Beach Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and loco are registered marks of ACORD +1 DATE(MMIDDIYM ^ CERTIFICATE OF LIABILITY INSURANCE 06/2012018 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or 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 endorsements. CONTACT Loma Staab PRODUCER E: DTRT Insurance Group/Loyal Clients PHONE 877)871-3878 FIX.No): (855 329 3878 J2550 West Atlantic Blvd D s: info@dtrtinsurance.com INSU S AFFORDING COVERAGE NAIC 8 4 Coral Springs FL 33071 INSURERA: EVANSTON INSURANCE COMPANY INSURED INSURERS: METROPOLITAN CASUALTY INSURANC 40169 BEACH RAKER LLC INSURERC: Iq 220 SE 13TH ST INSURERD: INSURER E: POMPANO BEACH FL 33060 1 INSURERF: COVERAGES CERTIFICATE NUMBER: — 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. rA ADDL UBR POLICYEFF POLICYEXP LIMITS TYPE OF INSURANCE POLICY NUMBER D D X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 D T TED CLAIMS-MADE OCCUR ISES Ea oc rre m $ 1,000,000 MED EXP( one arson S 5,000 x3CO8353 05/04/2018 W04/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 X POUCY❑PRO- LOC PRODUCTS-COMPIOPAGG $ 2,000,000 JECT ElS OTHER: COMBINED SINGLE L MIT $ 1,000,O00 AUTOMOBILE LIABILITY axdeM X ANY AUTO BODILY INJURY(Per Person) $ OWNED SCHEDULED CA024324P201B 06/04/2018 05104/2019 BODILY INJURY(Per acddent) $ B AUTOS ONLY AUTOS PROPERTY DAMAGE S I HIRED NON-0WNED eracddent AUTOS ONLY AUTOS ONLY 1 $ UMBRELLA LIASHCLAIM&MADE OCCUR EACH OCCURRENCE 3 1,000,000 A X EXCESSLIA6 mklv2eu1102476 05/04/2018 05/04/2019 AGGREGATE $ 1,000,000 DED RETENTION PR/COMP OPS AGG g 1,000,000 I WORKERS COMPENSATION —TPSTATUTE 10 ER AND EMPLOYERS'LIABILITY Y/N E.L.EACH ACCIDENT $ ANY PROPRIETORIPARiNERIEXECUTNE MIA IA E.LDISEASE,EAEMPLOY $ - (Mandatory in NH) - - - -- -- If yae desc the under EL DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS belmv DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Addltfonal Remarks Schedule,may be attached H more apace is roquhed) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dania Beach 100 W.Boulevard Dania Beach Blvd AUTHORIZED REPRESENTATIVE Mark Felicetty � �Q DANIA BEACH FL 33004 ,,Y9 ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD FIRST ONE-YEAR RENEWAL OF AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA,AND BEACH RAKER,LLC,A FLORIDA LIMITED LIABILITY COMPANY This is a First Renewal of an Agreement (the "Renewal"), which Agreement dated September 11, 2018 (the "Agreement") exists between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") and Beach Raker, LLC, a Florida Limited Liability Company (the "Contractor"), with its principal place of business located at 220 NE 13th Street, Pompano Beach, Florida 33060, 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 a one (1) year period up to and including September 11, 2020. 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, 2018, is renewed and it shall remain in effect up to and including September 11, 2020. 2. That the terms and conditions of the Agreement will remain the same throughout the term of this Renewal of it. 3. The cost of the one (1) year renewal is a total cost not to exceed One Hundred Six Thousand One Hundred Forty Two Dollars and Forty Cents ($106,142.40)per year. 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 2019. CITY: CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation THOMAS SCHNEIDER, CMC LORI LEWELLEN CITY CLERK MAYOR APPROVED FOR FORM AND ANA M. GARCIA, ICMA-CM CORRECTNESS: CITY MANAGER THOMAS J. ANSBRO CITY ATTORNEY CONTRACTOR: BEACH RAKER,LLC a Florida Limited Liability Company Signature Signature PRINT Name PRINT Name Signature TITLE PRINT Name STATE OF FLORIDA COUNTY OF BEFORE me on , 2019, personally appeared , as of BEACH RAKER, LLC, a Florida limited liability company, on behalf of the company, 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. NOTARY PUBLIC State of Florida My Commission Expires: 2