36266_IFB_17_18-37_Landscaping_Services.pdf

APPROVED BY.

CITY Ni(G ER

DATE 11/26/18

PURCHASING OFFICE: 407.688.5030

ACCOUNTS PAYABLE: 407.688.5020

FACSIMILE: 407.688.5021

PURCHASE ORDER

CITY OF SANFORD

P.O.BOX1788

(300NORTHPARKAVENUE)

SANFORD, FLORIDA 32772

FLORIDA TAX EXEMPT NO.: 858012621681C-8

PO NUMBER 03 62 66

SUBMIT INVOICES TO: ACCOUNTS PAYABLE

FINANCE DEPT.

P.O. BOX 1788

SANFORD, FL 32772

VENDOR NO.: 11806

TO:

PREMIER LAWN MAINTENANCE,

1012 SAVAGE CT

LONGWOOD, FL 32750

LLC

SHIP TO:

CITY OF SANFORD

FACILITY (NWRF)

1201 W SEMINOLE BL

SANFORD, FL 32771

DELIVER BY

09/30/19

TERMS

NET/30

F.O.B. DESTINATION

UNLESS OTHERWISE INDICATED

BID OR QUOTATION NO. REQUISITION NO.

ACCOUNT NO.: SEE BELOW PROJECT NO.:

NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD

ITEM NO. DESCRIPTION QUANTITY

UNIT OF

ISSUE UNIT COST EXTENDED COST

1 MAIN WATER PLANT LAWN 3000.00 EA 1.00 3000.00

MAINTENANCE

3701 H. E. THOMAS PARKWAY

2 AUX PLANT LAWN MAINTENANCE 5000.00 EA 1.00 5000.00

3100 ORLANDO DR WP # 2

3 SWRC LAWN MAINTENANCE 16500.00 EA 1.00 16500.00

3540 CAMERON AVE

4 NWRF & FRENCH AVE LAWN 29800.00 EA 1.00 29800.00

MAINTENANCE

1201 W. SEMINOLE BLVD

1301 FRENCH AVE

SUB -TOTAL 54300.00

TOTAL 54300.00

REQ/ACCT DATE REQ. BY PROJECT AMOUNT

0000066877 11/08/18 RICHARD CASELLA 3000.00

45145215363400

0000066877 11/08/18 RICHARD CASELLA 5000.00

45145225363400

0000066877 11/08/18 RICHARD CASELLA 16500.00

45145285363400

0000066877 11/08/18 RICHARD CASELLA 29800.00

45145275363400

APPROVED B•

PURCHASIN AGENT

All packages and Invoices applicable to this P.O. must bear this P.O. Number. The Vendor shall comply with all specified and referenced herein before and after. Any attempts to insert language to change these terms and conditions are hereby rejected and will be resolved in favor of the City of Sanford. Standard terms and conditions hereby incorporated into this purchase order may be found at http://www.sanfordfl.gov/index.aspx?page =879 Terms and conditions applicable to P.O.'s and at Additional Terms and conditions http://www.sanfordfl.gov/index.aspx?page = 883

CITY OF

SANFORD

FINANCE DEPARTMENT

PURCHASE ORDER TERMS AND CONDITIONS

1. By accepting this Purchase Order (PO) the Vendor accepts all of the Terms and Conditions included herein. The Buyer is the City of Sanford, Florida, hereinafter referred to as the "City". The term "City" is used in a broad sense to include its employees, directors, officers, agents, volunteers, etc.

2. All information referenced is hereby incorporated into the PO. These Terms and Conditions may be varied only by written amendment signed by the parties. All modifications in performance, including but not limited to, extensions of time, renewal, or substitution are void absent dually signed amendment by the parties. Time is of the essence of the lawful performance of the duties and obligations contained in the Purchase Order. The Vendor agrees that Vendor shall diligently and expeditiously pursue Vendor's obligations.

3. Cancellation rights reserved by the City. The City may cancel this PO in whole or In part at any time for default by written notice to the Vendor. The City shall have no liability to the Vendor beyond payment of any balance owing for Material purchased hereunder and delivered to and accepted by the City prior to the Vendor's receipt of the notice of termination.

4. Terms of shipping are F.O.B. the City's delivery location unless otherwise noted within the terms of this PO. Regardless of the indicated F.O.B.

point, the City does not accept title until the delivery is acknowledged by an authorized City representative"

5. Prices stated on this PO are firm, all-inclusive and consistent with applicable negotiations, bid(s) and/or quotations. The City is exempt from the Florida Sales and Use Tax and will furnish the Vendor with proof of tax exemption upon request. Extra charges for any purpose will not be allowed unless explicitly indicated on the PO. This order is hereby cancelled, if pricing is omitted.

6. The Vendor warrants that any material or equipment supplied hereunder is new, unused condition and free from defects in title, workmanship, defects in design and in full compliance with the specifications defined by the City In the order. The goods or services furnished under this PO are covered by commercial warranties for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the City. A copy of these warranties and all applicable manufacturers' warranties shall be furnished at the time of delivery.

7. The City reserves the right to conduct any inspection or Investigation to verify compliance of the goods and/or services with the requirements of this purchase order and to reject any delivery not in compliance If any deficiency is not visible at the time of delivery the City reserves the right to take and/or require appropriate corrective action upon the discovery of any deficiency, non-compliance, or defect

8. All tools or property furnished to the Vendor by the City shall remain the Property of the City, be subject to removal upon the City's demand, be used only on behalf of the City, be maintained in good order, and be clearly identified as property of the City. The Vendor assumes any and all liability of whatsoever type or nature for loss or damage to such property.

9. The Vendor agrees to comply with all Federal, State of Florida, Seminole County, City laws, ordinances, regulations, authority and codes and authority having jurisdiction over the purchase.

10. To the fullest extent permitted by law, the Vendor shall indemnify, hold harmless and defend the City, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or agents. Additionally, the Vendor accepts responsibility for all damages resulting in any way related to the procurement and delivery of goods or services contemplated In this purchase order. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes.

11. The Vendor shall not assign this PO, any rights under this PO or any monies due or to become due hereunder nor delegate or subcontract any obligations or work hereunder without the prior written consent of the City.

12. The Vendor shall not disclose the existence of this PO without prior written consent of the City except as may be required to perform this PO.

13. All Material purchased hereunder must be packaged to ensure its security and delivery in accordance with the City's shipping and packaging specification and good commercial practice. Each package shall be labeled indicating the addressee of each package or shipment and the applicable PO number. All shipments shall comply with HAZMAT requirements including, but not limited to, (DOT) regulations published In 49CFR 1399, OSHA regulations 29 CFR 4999.

14. The Vendor shall perform the obligations of this PO as an independent contractor and under no circumstances shall It be considered as agent or employee of the City.

15. The Vendor ensures that its personnel shall comply with reasonable conduct guidelines and City policies and procedures.

16. After each delivery, the Vendor shall provide to the "bill to address" an original, "proper Invoice" (single copy) which includes: a) Vendor's name(dba), telephone number, mailing address; b) City's P.O. Number; c) Date of invoice; d) Shipping date; e) Delivery date; f) Payment terms; g) Description of goods/services; h) quantity; I) Unit price; j) Extended price; k) Total. The City has the right to reconcile invoice with the PO and adjust payment accordingly to comply with the PO. Payment will be made only to the Vendor Identified on the PO and for received and accepted goods/services. The City shall have right at any time to set-off any amounts due to the Vendor against any amounts owed to the City by the Vendor and shall In the case of Vendor default retain the right to further adjust payments as consistent with the best interests of the City.

17. Payment of invoices will be in compliance with Chapter 218, Part VII of Florida Statutes, City Ordinance No. 3029, Purchasing Policy of the City and the stipulations, terms and conditions of this PO. Any cash discount period will date from receipt of invoice, receipt of actual delivery or date of invoice, whichever is later.

18. If this PO involves the Vendor's performance on the City's premises or at any place where the City conducts operations, the Vendor shall request information from the Purchasing Manager regarding insurance coverage requirements. In circumstances where insurance Is required, Vendor shall provide proofs of insurance required by the City, or City reserves the right to cancel this Purchase Order, immediately suspend performance by the Vendor at Vendor's expense and prohibit access to City premises until such proofs of Insurance is verified. Noncompliance with this item shall place the Vendor in default and subject to disbarment from the City's Vendor List.

19. The failure of the city to enforce any provision of this PO, exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force.

20. The Vendor shall notify the Purchasing Manager of any inherent hazard and applicable precautions, protective measures and provide any additional relevant information, including MSDS, related to the Material being purchased herein.

21. The City shall have the right at no additional charge to use all or portions of material found in the Vendor's applicable literature relevant to the purchase. The Vendor agrees to advise the City of any updated information relative to the foregoing literature and documentation with timely written notice.

22. A person or affiliate who has been removed from the City's Vendor List may not submit a bid or transact business with the City in excess of Category Two for a period of thirty-six (36) months from the date of being removed from the City's Vendor List.

23. In compliance with 8 U.S.C. Section 1324a (e) [Section 274A (e) of the Immigration and Nationality Act (INA)], the City will not intentionally make an award or upon discovery of a violation will unilaterally cancel this PO with any contractor who knowingly employs unauthorized alien workers.

24. This PO shall be governed by and Interpreted in accordance with the laws of the State of Florida. In any action or proceeding required to enforce or Interpret the terms of this Agreement, venue shall be of the Eighteenth Judicial Circuit in and for Seminole County, Florida

Purchasing Dept., Tel (407)688-5028/5030 email: purchasing@sanfordflmov Fax: 407.688.5021 Finance Dept., Tel (407)688-5020

Purchasing Division

Requisition Form

Tel 407.536.5716

Contact Person ADDIEL AMADOR

Email I

PO # Date Requisition # (66877

Delivery Instructions: Additional Comments:

Finance Manager Budget Transfer

Override Accounts (initials)

Amount Paid Check No. Date

Department

Contact Person

Vendor

Address

City of Sanford PO Box 1788 Sanford , FL

Seminole 32772

Phone: 407-688-5030 Fax: 407-688-5021 www.sanfordfl.gov

Line Item Account Code Description Quantity Unit Extended Price

1 451-4521-536.34-00 MWP LAWN MAINTENANCE $3,000.00

2 451-4522-536.3400 AUX PLANT LAWN MAINTENANCE 5, ODb

3 451-4528-536.3400 SWRC LAWN MAINTENANCE

(5O0

4 451-4527-536.3400 NWRF/FRENCH Booster Lawn Mainteis 2_c1 VI)

Internal Use Only

11.8.2018

PW-UTILITIES/PLANTS

RICHARD CASELLA

PREMIER LAWN MAINTENANCE, LLC

1012 SAVAGE CT. LONGWOOD, FL 32750

PER CITY OF SANFORD BID # IFB 17/18-37

3 YEAR CONTRACT ATTACHED

APPROVED BY CC 6.25.18

CITY OF

-,ANFORD

FLORIDA

WS RM _X_

Item No.ro Pr̀

CITY COMMISSION MEMORANDUM 1 8-133.A

JUNE 25,2018 AGENDA

SUBMITTED BY Norton N. Bonaparte, Jr., City Manage SUBJECT: Utility Landscaping Services-Premier La r aintenance, LLC

STRATEGIC PRIORITIES:

El Unify Downtown & the Waterfront rj Promote the City's Distinct Culture El Update Regulatory Framework Li Redevelop and Revitalize Disadvantaged Communities

SYNOPSIS:

Approval of a purchase order to Premier Lawn Maintenance, LLC, for providing landscaping services to five utility plant locations is being requested.

FISCAL/STAFFING STATEMENT:

The estimated cost for the three year contract is an amount not to exceed $162,900. Funds will be available in the following accounts 451-4521-536.34-00, 451-4522-536.34-00, 451-4527-536.34- 00, 451-4528-536.34-00; Other Contractual Services.

BACKGROUND:

Bid# IFB 17/18-37 was competitively bid and awarded to Premier Lawn Maintenance, LLC on April 16, 2018 in compliance with the City's Purchasing Policies. The award was for a three year period and allows for one year renewals if approved by the City Commission.

Premier will be providing landscaping services to five utility plant locations throughout the City.

The areas include the Main Water Plant 3701 H.E. Thomas Pkwy., the Aux Water Plant 3100 Hwy 17-92, the French Ave Plant/Utility Building 1301 French Ave., South Waste Water Plant 3540 Cameron Ave., and North Waste Water Plant 1201 W. Seminole Blvd.

Services will include for each visit mowing, weed eating, and blowing. Edging will Ge provided on an as needed basis.

LEGAL REVIEW:

No legal review is requested of the City Attorney.

RECOMMENDATION:

It is staff's recommendation that the City Commission approve landscaping services to Premier Lawn Maintenance, LLC for five utility plant locations for three years beginning in FY 2018.

SUGGESTED MOTION:

"I move to approve a Purchase Order to Premier Lawn Maintenance, LLC for providing landscaping services to five utility plant locations at an estimated yearly cost of $54,300 for an amount not to exceed $162,900."

Attachment: 3 year contract

AGREEMENT BETWEEN THE CITY OF SANFORD AND PREMIER LAWN

MAINTENANCE, LLC/IFB 17/18-37 FOR LANDSCAPING SERVICES - UTILITY

THIS AGREEMENT (hereinafter the "Agreement") is made and entered into this day of , 2018, by and between the City of Sanford, Florida, a Florida municipality, (hereinafter referred to as the "City"), whose mailing address is 300 North Park Avenue, Sanford, Florida 32771, and Premier Lawn Maintenance, LLC, a Florida limited liability company, authorized to do business in the State of Florida, whose contact address is 1012 Savage Court, Longwood, Florida 32750 (hereinafter referred to as the "Premier"). The City and Premier may be collectively referenced herein as the "parties".

WITNESSETH:

IN CONSIDERATION of the mutual covenants, promises, and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

Section 1. Recitals. The above recitals are true and form a material part of this Agreement upon which the parties have relied.

Section 2. Authority. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it.

The persons executing this Agreement for each party certify that they are authorized to bind the party fully to the terms of this Agreement.

Section 3. Scope of Agreement; Direction of Services.

(a). This Agreement is for the services set forth in the attachments hereto and Premier agrees to accomplish the actions specified in the attachments for the compensation set forth in those documents. Additionally, services may be ordered and directed by the City by means of purchase orders/work orders.

(b). It is recognized that Premier shall perform services as otherwise directed by the City all of such services to include all labor and materials that may be required including, but in no way limited to, the services provided by subconsultants as may be approved by the City.

(c). The City's contact/project manager for all purposes under this Agreement shall be the following:

Utilities Plant Manager, Post Office Box 1788, Sanford, Florida 32773-1788 Phone: 407.688.5000 (extension 5095 01 5172)

1 Page

; provided, however, that all notices under this Agreement shall be copied to:

Ms. Marisol Ordotiez Purchasing Manager Finance-Purchasing Division City of Sanford Post Office Box 1788 Sanford, Florida 32772 Phone: 407.688.5028

Section 4. Effective Date and Term of Agreement. This Agreement shall take effect on the date that this Agreement is fully executed by the parties hereto.

This Agreement shall be in effect for a term of 3 years and, upon the exercise of an option to renew by the City, for 2 additional terms of 1 year each. In any event, this Agreement shall remain in effect until the services to be provided by Premier to the City under each work order have been fully performed in accordance with the requirements of the City; provided, however, that, the indemnification provisions and insurance provisions of the standard contractual terms and conditions referenced herein shall not terminate and the protections afforded to the City shall continue in effect subsequent to such services being provided by Premier No services have commenced prior to the execution of this Agreement that would entitle Premier for any compensation therefor.

Section 5. Compensation. The parties agree to compensation as set forth in the attachments hereto and as may be set forth in each purchase/work order issued by the City.

Section 6. Standard Contractual Terms and Conditions. All "Standard Contractual Terms and Conditions', as provided on the City's website, apply to this Agreement. Such Terms and Conditions may be found at the City's website (www.SanfordFL.gov). The parties shall also be bound by the purchasing policies and procedures of the City as well as the controlling provisions of Florida law. Work orders shall be used, in accordance therewith, in the implementation of this Agreement to the extent deemed necessary by the City in its sole and absolute discretion.

Section 7. Premier's Mandatory Compliance with Chapter 119, Florida Statutes, and Public Records Requests.

(a). In order to comply with Section 119.0701, Florida Statutes, public records laws, Premier must:

(1). Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service.

(2). Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

2P age.

(3). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

(4). Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of Premier upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City.

(b). If Premier does not comply with a public records request, the City shall enforce the contract provisions in accordance with this Agreement.

(c). Failure by Premier to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the City. Premier shall promptly provide the City with a copy of any request to inspect or copy public records in possession of Premier and shall promptly provide the City with a copy of Premier's response to each such request.

(d). IF THE CONTRACTORNENDOR HAS QUESTIONS

REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,

CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012,

TRACI HOUCH1N, CITY CLERK, CITY OF SANFORD, CITY HALL, 300

NORTH PARK AVENUE, SANFORD, FLORIDA 32771,

TRACI.HOUCHIN©SANFORDFL.GOV.

Section 8. Time is of the Essence. Time is hereby declared of the essence as to the lawful performance of all duties and obligations set forth in this Agreement.

Section 9. Entire Agreement/Modification. This Agreement, together with all "Standard Contractual Terms and Conditions", as provided on the City's website and the attachments hereto (the documents relative to the procurement activity of the City leading to the award of this Agreement) constitute the entire integrated agreement between the City and Premier and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and.statements whether written or oral in connection therewith and all the terms and provisions contained herein constitute the full and complete agreement between the parties hereto to the date hereof. This Agreement may only be amended, supplemented or modified by a formal written amendment of equal dignity herewith. In the event that Premier issues a purchase order, memorandum, letter, or any other instrument addressing the services, work, and materials to be provided and performed pursuant to this Agreement, it is

31Page hereby specifically agreed and understood that any such purchase order, memorandum, letter, or other instrument shall have no effect on this Agreement unless agreed to by the City, specifically and in writing in a document of equal dignity herewith, and any and all terms, provisions, and conditions contained therein, whether printed or written or referenced on a Web site or otherwise, shall in no way modify the covenants, terms, and provisions of this Agreement and shall have no force or effect thereon.

Section 10. Severability. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest.

Section 11. Waiver. The failure of the City to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force.

Section 12. Captions. The section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement.

Section 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document.

Section 14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors in interest, transferees and assigns of the parties.

Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The signatories hereof represent that they have the requisite and legal authority to execute this Agreement and bind the respective parties herein.

Section 15. Remedies. The rights and remedies of the parties, provided for under this Agreement, are in addition to any other rights and remedies provided by law or otherwise necessary in the public interest.

Section 16. Governing law, Venue and Interpretation. This Agreement is to be governed by the laws of the State of Florida. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. This Agreement is the result of bona fide arms length negotiations between the City and Premier, and all parties have contributed

41Page substantially and materially to the preparation of the Agreement. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party.

than against any other party and all provisions shall be applied to fulfill the public interest.

IN WITNESS WHEREOF, the City and Premier have executed this instrument for the purpose herein expressed.

ATTEST:

CITY OF SANFORD

6rJP Atrikvil 4_ 00, P,Zi-{ Traci Houchin City Clerk

Approved as to form and legal sufficiency.

William L. Colbert City Attorney

By:

Jeff -Triplett YiCMa\ter Mayor D

ATTEST: VENDOR/PREMIER LAWN

MAINTENANCE, LLC

By:

Addle! Amador

Witness # 2 Printed Name:

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