CO_-_Term_Contract_-_WILHELM_BROTHERS,_INC._-_Contract_SR_2094-06_-_4-5-2024.pdf

TERM CONTRACT FOR

MOWING COUNTY PRESERVES – ZONE 3

Procurement Contract #SR 2094-06 Page 1 of 25 Revised 03/07/22

THIS TERM CONTRACT (Contract) is made and entered into as of the date of execution by both parties, by and between Sarasota County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and Wilhelm Brothers, Inc., a Florida corporation, hereinafter referred to as “Contractor."

This Contract, including its Exhibits A, B, and C, and Attachment 1 to Exhibit A, attached hereto, Solicitation #212094CB and County Purchase Orders, all incorporated herein, represent the entire agreement between Contractor and County with respect to the subject matter hereof and supersedes all prior agreements, negotiations, or understandings between the parties in any way relating to the subject matter of this Contract.

Contractor and County acknowledge having read and understood this Contract and hereby agree to be bound by its terms and conditions.

IN WITNESS WHEREOF, the parties have executed this Contract as of the date last below written.

WILHELM BROTHERS, INC.

BY:

SARASOTA COUNTY

BOARD OF COUNTY COMMISSIONERS

OF SARASOTA COUNTY, FLORIDA

BY:

Jennifer Slusarz, CPPO, CPPB Procurement Official

Executed by the Procurement Official pursuant to Chapter 5 of the Sarasota County Procurement Manual

Approved as to form and correctness:

BY:

COUNTY ATTORNEYY

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Procurement Contract #SR 2094-06 Page 2 of 25 Revised 03/07/22

Terms and Conditions

WITNESSETH

WHEREAS, the County requires the services of a contractor to perform bush hog trail mowing, finish mowing, and weed eating for county preserves; and, WHEREAS, the County issued Invitation For Bids (IFB) Solicitation #212094CB on December 23, 2020; and, WHEREAS, the County evaluated the responses received and found a contractor qualified to perform the necessary services; and, WHEREAS, the County approved a Notice of Recommended Award on February 24, 2021; and, WHEREAS, on April 16, 2021, the County and a contractor entered into a contract for mowing county preserves – zone 3 (Term Contract SR 2094-03); and, WHEREAS, the contractor was unwilling to renew the contract for the first of two available one-year renewal terms starting April 16, 2024; and, WHEREAS, the County determined that it was appropriate to contact the next lowest responsive and responsible bidder, Wilhelm Brothers, Inc.; and, WHEREAS, the Contractor has reviewed the services required pursuant to this Term Contract and is qualified, willing, and able to provide and perform all such services in accordance with its terms.

NOW, THEREFORE, the County and the Contractor, in consideration of the mutual covenants contained herein, do agree as follows:

I. CONTRACTOR’S SERVICES

The Contractor agrees to diligently provide all materials, services, and labor for mowing county preserves - zone 3 in accordance with the Scope of Services made part of this Contract as Exhibit A, attached hereto and incorporated herein.

II. TERM

This Contract shall commence on April 16, 2024 and shall continue for a period of one (1) year. This Contract may be renewed for up to one additional one-year period subject to written agreement of both parties.

III. COMPENSATION AND PAYMENT OF CONTRACTOR’S SERVICE

Procurement Contract #SR 2094-06 Page 3 of 25 Revised 03/07/22

A. The County shall pay the Contractor for the services rendered hereunder and completed in accordance with the terms and conditions of this Contract a total amount not to exceed Fifty Eight Thousand Seven Hundred Ninety Dollars and Zero Cents ($58,790.00) for the initial one-year term.

B. Notwithstanding the preceding, Contractor shall perform no work under this Contract until receipt of a purchase order from the County. Contractor acknowledges and agrees that no minimum amount of work is guaranteed under this Contract and County may elect to issue no purchase orders. If a purchase order is issued, the County reserves the right to amend, reduce, or cancel the purchase order in its sole discretion.

C. The County’s performance and obligation to pay under this Contract is contingent upon an appropriation of lawfully available funds by the Board of County Commissioners. The County shall promptly notify the Contractor if the necessary appropriation is not made.

IV. METHOD OF PAYMENT

A. The County shall pay the Contractor through payment issued by the Clerk of the Circuit Court in accordance with the Local Government Prompt Payment Act, §218.70, et seq. F.S., upon receipt of the Contractor’s invoice and written approval of same by the County’s Administrative Agent indicating that services have been rendered in conformity with this Contract.

B. The Contractor shall submit invoices for payment to the address indicated on the purchase order for those specific services provided pursuant to Exhibit B, Fee Schedule, attached hereto and incorporated herein.

C. The Contractor’s invoices shall be in a form satisfactory to the Clerk of the Circuit Court, who shall initiate disbursements. The Contractor is responsible for providing all necessary documentation that may be required by the County.

V. ADDITIONAL SERVICES

A. No changes to this Contract or the performance contemplated hereunder shall be made unless the same are in writing and signed by both the Contractor and the County.

B. If the County’s Administrative Agent requires the Contractor to perform additional services related to this Contract then the Contractor shall be entitled to additional compensation based on the Fee Schedule, as amended, to the extent necessary to accommodate such additional work.

The additional compensation shall be agreed upon before commencement of any additional services or changes and shall be incorporated into this

Procurement Contract #SR 2094-06 Page 4 of 25 Revised 03/07/22

Contract by written amendment. The County shall not pay for any additional service or work performed before a written amendment to this Contract.

Notwithstanding the preceding, in the event additional services are required as a result of error, omission, or negligence of the Contractor, the Contractor shall not be entitled to additional compensation.

VI. LIABILITY OF CONTRACTOR

A. The Contractor shall save, defend, indemnify and hold harmless the County from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, error, omission or default of the Contractor arising out of or in any way connected with the Contractor or subcontractor’s performance or failure to perform under the terms of this Contract.

B. This section shall survive the termination or expiration of this Contract.

VII. CONTRACTOR’S INSURANCE

Contractor shall procure and maintain insurance as specified in Exhibit C, Insurance Requirements, attached hereto and made a part of this Contract.

VIII. RESPONSIBILITIES OF THE CONTRACTOR

A. The personnel assigned by the Contractor to perform services shall comply with the terms set forth in this Contract. The Contractor shall ensure that all personnel and other agents are fully qualified and capable to perform their assigned tasks.

B. The Contractor agrees to respond to communication from the County within three working days unless a shorter response time is specified by the County.

C. The 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 Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of this Contract.

D. The Contractor covenants and agrees that it and its employees shall be bound by the Ethical Standards as set forth in the Sarasota County Procurement Manual. The Contractor agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed.

Procurement Contract #SR 2094-06 Page 5 of 25 Revised 03/07/22

E. Contractor agrees that it and its employees shall communicate with County employees and members of the public in a civil manner. All aspects of a Contractor’s performance, including complaints received from County employees or members of the public, may impact the County’s decision to renew or terminate this Contract in accordance with the provisions contained herein. The County further reserves the right to suspend or debar the Contractor from consideration for award of future contracts in accordance with the Sarasota County Procurement Code if the Contractor does not abide by the terms of this subsection.

F. Pursuant to §287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in §287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

G. The Contractor shall comply with all federal, state, and local laws, regulations, and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Contract.

H. The Contractor shall maintain books, records, documents, and other evidence directly pertaining to or connected with the services under this Contract which shall be available and accessible at the Contractor’s offices for the purpose of inspection, audit, and copying during normal business hours by the County, or any of its authorized representatives. Such records shall be retained for a minimum of five (5) fiscal years (from October to September) after completion of the services.

I. §287.135, F.S., prohibits agencies from contracting with companies for goods or services that are on the Scrutinized Companies that Boycott Israel List, or with companies that are engaged in a boycott of Israel, and from contracting with companies for goods or services of $1,000,000 or more that are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or are engaged in business operations in Cuba or Syria. The lists are created pursuant to §215.473 and §215.4725, F.S. Contractor certifies that it is not listed on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in a boycott of Israel or engaged in business operations in

Procurement Contract #SR 2094-06 Page 6 of 25 Revised 03/07/22

Cuba or Syria, and understands that pursuant to §287.135, F.S., the submission of a false certification may subject Contractor to civil penalties, attorney’s fees, and/or costs. In accordance with §287.135, F.S., the County may terminate this Contract if a false certification has been made, or the Contractor is subsequently placed on any of these lists, or engages in a boycott of Israel or is engaged in business operations in Cuba or Syria.

J. The Contractor shall notify the County’s Administrative Agent at least one

(1) day in advance of any meeting between the Contractor and any County Commissioner, regulatory agency or private citizen related to this Contract.

K. The Contractor is, and shall be, in the performance of all work, services and activities under this Contract, an independent contractor. Contractor is not an employee, agent, or servant of County and shall not represent itself as such. All persons engaged in any work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the Contractor’s sole direction, supervision and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Contractor’s relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees of the County. The Contractor shall be solely responsible for providing benefits and insurance to its employees.

IX. FORCE MAJEURE

The Contractor specifically agrees that all work performed under the terms and conditions of this Contract shall be completed within the time limits as set forth herein, or as otherwise identified in the County’s purchase order or specified by the County’s Administrative Agent, subject only to delays caused by force majeure, or as otherwise defined herein. “Force majeure” shall be deemed to be any cause affecting the performance of this Contract arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the parties.

X. OBLIGATIONS OF COUNTY

A. The County’s Administrative Agent is designated to do all things necessary to properly administer the terms and conditions of this Contract, including, but not limited to:

1. Review of all Contractor payment requests for approval or rejection;

2. Periodic reviews of the work of the Contractor as necessary for the completion of the Contractor’s services during the period of this Contract.

B. The County shall not provide any services to the Contractor in connection with any claim brought on behalf of or against the Contractor.

Procurement Contract #SR 2094-06 Page 7 of 25 Revised 03/07/22

XI. TERMINATION

A. The County shall have the right at any time upon thirty (30) calendar days’ written notice to the Contractor to terminate the services of the Contractor for convenience. The County shall pay to the Contractor and the Contractor shall accept as full payment for its services, a sum of money equal to the work completed in any commenced but incomplete services.

B. Any failure of the Contractor to satisfy the requirements of this Contract, as documented by the Administrative Agent, shall be considered a default of the Contract and sufficient reason for termination.

1. For defaults that are curable (as determined by the County), the Contractor shall be notified in writing by the County and shall have an opportunity to cure such default(s) within ten (10) working days after notification.

2. For defaults that are not curable (as determined by the County), notice of the termination date shall be given as deemed appropriate by the County.

C. In the event the County’s termination of this Contract for default is in any way deficient, at the option of the County such termination shall be deemed to be a termination for convenience pursuant to Section XI.A. above.

D. The parties may mutually agree to terminate this Contract. Such termination shall be evidenced by a notice issued by the County. The County shall pay to the Contractor and the Contractor shall accept as full payment for its services, a sum of money equal to the work completed in any commenced but incomplete services.

E. In the event that the Contractor has abandoned performance under this Contract, then the County may terminate this Contract upon three (3) calendar days’ written notice to the Contractor indicating its intention to do

so. Payment for work performed prior to the Contractor's abandonment shall be as stated above. Contractor shall have one hundred and eighty

(180) days to submit invoices. Invoices submitted after one hundred and eighty (180) days may not be accepted for payment.

F. The Contractor shall have the right to terminate services only in the event of the County failing to pay the Contractor’s properly documented and submitted invoice within ninety (90) calendar days of the approval by the County’s Administrative Agent.

G. The County reserves the right to terminate and cancel this Contract in the event the Contractor shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors.

Procurement Contract #SR 2094-06 Page 8 of 25 Revised 03/07/22

H. After consultation with and written notice to the Contractor providing a reasonable opportunity to cure, the County shall have the right to refuse to make payment, in whole or part due to:

1. The quality of a portion, or all, of the Contractor’s work not performed in accordance with the requirements of this Contract;

2. The quantity of the Contractor’s work not delivered or performed as represented in the Contractor’s Payment Request, or otherwise;

3. Claims made, or likely to be made, against the County or its property;

4. Damages to the County or a third party caused by the Contractor;

5. The Contractor’s failure or refusal to perform any other obligation under this Contract.

XII. DISPUTE RESOLUTION

A. To the extent Chapter 558, F.S. is applicable, the parties expressly opt out of the requirements of Chapter 558, F.S., within the meaning of §558.005(1), F.S.

B. In the event of a dispute or claim arising out of this Contract, the parties agree first to try in good faith to settle the dispute by direct discussion. If this is unsuccessful, the parties may enter into mediation in Sarasota County, Florida, with the parties sharing equally in the cost of such mediation.

C. In the event mediation, if attempted, is unsuccessful in resolving a dispute, the parties may proceed to litigation as set forth below.

D. Any dispute, action or proceeding arising out of or related to this Contract will be exclusively commenced in the state courts of Sarasota County, Florida, or where proper subject matter jurisdiction exists in the United States District Court for the Middle District of Florida. Each party irrevocably submits and waives any objections to the exclusive personal jurisdiction and venue of such courts, including any objection based on forum non conveniens.

E. The parties hereby waive all rights to trial by jury for any litigation concerning this Contract.

F. This Contract and the rights and obligations of the parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles.

Procurement Contract #SR 2094-06 Page 9 of 25 Revised 03/07/22

G. Unless otherwise agreed in writing, the Contractor shall be required to continue its services and all other obligations under this Contract during the pendency of claim or dispute including, but not limited to, actual period of mediation or judicial proceedings.

XIII. STOP WORK ORDER

The County’s Administrative Agent may at any time, by written order to the Contractor, require the Contractor to stop all or any part of the work called for by this Contract. Any order shall be identified specifically as a stop work order issued pursuant to this clause. This order shall be effective as of the date the order is delivered to the Contractor. Upon receipt of such an order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. The Contractor shall not resume work unless specifically so directed in writing by the County. The Administrative Agent shall take one of the following actions:

1. Cancel the stop work order; or

2. Terminate the work covered by the order; or

3. Terminate the Contract in accordance with provisions contained in Section

XI.A.

In the event the County determines to not direct the Contractor to resume work, the stop work order may be converted into a notice of termination for convenience pursuant to Section XI.A. The notice period for such termination shall be deemed to commence on the date of issuance of the stop work order.

In the event the County does not direct the Contractor to resume work within ninety (90) days, the Contractor may terminate this Contract.

XIV. PUBLIC RECORDS

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES,

TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS CONTRACT, CONTACT

THE CUSTODIAN OF PUBLIC RECORDS AT:

Sarasota County Public Records office 1660 Ringling Blvd.

Sarasota, FL 34236

Phone: 941-861-5886

Procurement Contract #SR 2094-06 Page 10 of 25 Revised 03/07/22

Email: publicrecords@scgov.net

XV. MISCELLANEOUS

A. This Contract constitutes the sole and complete understanding between the parties and supersedes all other contracts between them, whether oral or written with respect to the subject matter. No amendment, change or addendum to this Contract is enforceable unless agreed to in writing by both parties and incorporated into this Contract.

B. Time is of the essence with regard to each and every aspect of the Contractor’s performance under this Contract.

C. The language of this Contract shall be construed, in all cases, according to its fair meaning and not for or against any party hereto.

D. The parties hereto do not intend nor shall this Contract be construed to grant any rights, privileges or interest to any third party.

E. The Contractor shall not assign any interest in this Contract and shall not transfer any interest in same (whether by assignment or novation) without the prior written consent of the County, except that claims for the money due or to become due to the Contractor from the County under this Contract may be assigned to a financial institution or to a trustee in bankruptcy without such approval from the County. Notice of any such transfer or assignment due to bankruptcy shall be promptly given to the County.

F. The exercise by either party of any rights or remedies provided herein shall not constitute a waiver of any other rights or remedies available under this Contract or any applicable law.

G. If any term, condition, or covenant of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Contract shall be valid and binding on each party.

H. The parties covenant and agree that each is duly authorized to enter into and perform this Contract and those executing this Contract have all requisite power and authority to bind the parties.

I. Neither the County’s review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract.

J. The rights and remedies of the County provided for under this Contract are in addition to any other rights and remedies provided by law.

Procurement Contract #SR 2094-06 Page 11 of 25 Revised 03/07/22

K. If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

L. This Contract may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

M. The County may unilaterally extend this Contract up to ninety (90) days beyond its expiration. The unit prices in effect on the last day of this Contract shall remain in effect for the extension period.

N. Any notices of default or termination shall be sufficient if sent by the parties via United States certified mail, postage paid, or via a nationally recognized delivery service, to the addresses listed below:

Contractor’s Representative: County’s Administrative Agent:

Name: Benjamin Wilhelm Name: Teri Stabler

Title: Vice President Title: Business Professional

Address: 5921 Porter Way Address: 1660 Ringling Blvd

Sarasota, FL 34232 Sarasota, FL 34236

Telephone: 941-724-1666 Telephone: (941) 861-9935

Facsimile: 941-371-1922 Facsimile: N/A

E-mail: benjamin@wilhelmbro sinc.com E-Mail: tstabler@scgov.net

O. Any change in the County’s Administrative Agent or the Contractor’s Representative will be promptly communicated by the party making the change.

P. Paragraph headings are for the convenience of the parties and for reference purposes only and shall be given no legal effect.

Q. The solicitation and all attachments and addenda thereto are hereby incorporated in the Contract by reference.

R. In the event of conflicts or inconsistencies, the documents shall be given precedence in the following order:

1. Contract

2. Solicitation

3. County’s Purchase Order

EXHIBIT A

SCOPE OF SERVICES

Procurement Contract #SR 2094-06 Page 12 of 25 Revised 03/07/22

1. BACKGROUND

Parks, Recreation and Natural Resources (PRNR) requires Contractor to provide mowing services at the County’s preserve sites. The services required include bush hog trail mowing, finish mowing, and weed eating. The preserve sites requiring services are as shown:

ZONE 3

3-1 Deer Prairie Creek Preserve-North Entrance 7001 Forbes Trail, Venice.

3-2 Deer Prairie Creek Preserve-South Entrance 10201 S. Tamiami Trail, Venice

3-3 Myakka Islands Point 1289 Campbell Street, Port Charlotte

3-4 Oak Cathedral Preserve 4193 Woodland Blvd., North Port

3-5 Walton Ranch Preserve 7020 North Toledo Blade Blvd, North Port

2. CONTRACTOR RESPONSIBILITIES

A. Every Contractor crew must have at least one employee on site that can effectively communicate in English with the County staff and with the general public.

B. Contractor’s tractors shall be equipped with fire extinguishers.

C. Contractor will coordinate work so that there is minimal to no interruption to daily work at any location.

D. Contractor is responsible for any damage to County or third-party property caused by the Contractor or their employees. Restoration shall be made to the County’s satisfaction.

E. Contractor is required to participate in performance and project report meetings as deemed necessary by the County.

F. Contractor shall provide all personnel and equipment necessary to perform the services described herein.

G. All employees of the Contractor shall be considered to be, all times, the sole employees of the Contractor, under the Contractor’s sole direction, unless the use of sub-contractors has been approved by the County.

H. Contractor shall ensure conditions on the work site reflect good housekeeping and safety practices at all times. The Contractor shall be responsible for all trash and debris disposal from the work site.

I. Contractor’s equipment shall be removed from the site no more than three business days after completion of work.

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J. The Contractor shall require all personnel to practice proper decontamination procedures for all equipment (including personal protective gear) to avoid unnecessary spreading of invasive and exotic pest plant species within and from each site. Decontamination protocols include blowing off or spraying down all equipment surfaces including the undercarriage and tires to ensure that mud, sand, dirt, muck and vegetative debris and other debris is not transported from the previous site.

3. MOWING/WEED EATING

A. Trail/fire break mowing: Trails/fire breaks are of varying widths (6 feet – 30 feet) and have varying heights of vegetation. Road shoulders along roads may vary from a few feet up to 25 feet in width. Trails that are under water or saturated should be avoided. Some trails as indicated on aerial maps are only 6 feet wide and require decks no wider than 6 feet; other trails can accommodate wider decks.

B. Terrain is frequently uneven. Contractor shall not gouge or scrape uneven areas.

C. Trail hazards may include feral hog rooting damage, swales, stumps, wasp nests, low hanging tree limbs, and possibly downed trees. The Contractor shall remove any branches or trees that have fallen across the trail or firebreak rather than mow around them. The Contractor shall be prepared to cut up fallen trees and/or move them off trail or firebreak.

D. Mowed height of grass should be 4 inches ±1 inch. Mowed grass should be cleanly and evenly cut leaving no uncut strips or shredded tops.

E. Some trails, firebreaks or picnic areas may require a heavy-duty rotary mower/tractor designed for tall, tough grass and small diameter (<2 inches) brush. The Contractor shall maintain trails at the width described on the aerial maps. This may require equipment capable of mowing saw palmetto, sprouts of woody shrubs and/or tough grass. The mower/tractor should be of sufficient size and horsepower to operate the mower in back country conditions.

F. Finish mowing shall occur at the entrances, picnic areas, rights-of-way, some trails, and areas that are primarily grassy. Finish mowing is defined as clean cut from sharp blades, with no ragged edges, using a zero turn or similar style lawn tractor. The final cut shall be 4 inches high ± 1 inch.

G. All grass under and around gates shall be mowed or trimmed.

H. Weed-eating shall occur around amenities such as gates, parking lots, wooden fences, picnic areas, pedestrian walk-thru areas, trail markers, trash cans, signs, etc. and provide a clean, even appearance. Weed eating shall occur at least under fence and one foot on either side of the fence to meet mowed edges. There shall be no strips of uncut grass between mowed and weed eating areas. Sprouts of woody shrubs and vines may be present, requiring blades instead of string to weed-eat under fences and around infrastructure. Wooden posts, fences or signs shall not be damaged by equipment.

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I. Any trash found in the trails or other areas requiring mowing, shall be picked up and disposed of properly prior to mowing/weed eating and not shredded by equipment.

J. Some County sites may have areas with protected species (gopher tortoises, eagles, native orchids, etc.) that may require special attention or need to be avoided. County staff will make Contractor aware of these considerations and the Contractor shall keep all work crews in compliance with these environmental issues and any associated regulations.

K. The County requires finish mowers to be equipped with a shredding/mulching mower deck. No other type of mower will be allowed.

This specialized deck does not discharge grass clippings. Any mower that blows grass clippings out the sides or rear is unacceptable.

4. COUNTY PRESERVE SITES AND MOWING EVENTS

A. Site specific service requirements and preserve locations are provided below. The preserve site specific maps are located in Attachment 1 - Site Maps, attached herein.

Item No. Preserve Name Event Description

Event Quantity (Annual)

3-1-A Deer Prairie Creek Preserve-North Entrance

All trash must be picked up and placed in trash cans prior to any mowing or trimming. Mow both parking areas and entrance area: 1.5 acres.

3-1-B Deer Prairie Creek Preserve-North Entrance

Weed-eat fence line around parking areas: 1680 feet, entrance sign, picnic shelter, and information kiosk.

3-1-C Deer Prairie Creek Preserve-North Entrance

Bush hog type mow equestrian trails:

24.2 acres (10.0 miles x 20 feet wide). 14

3-2-A Deer Prairie Creek Preserve-South Entrance

All trash must be picked up and placed in trash cans prior to any mowing or trimming. Mow entrance area at Hwy 41, along each side of the gravel entrance road (approximately 2 acres), picnic area between the parking lot and lake (approximately 1.4 acres) and historic cattle pen (approximately .31 acres)

3-2-B Deer Prairie Creek Preserve-South Entrance

Weed-eat fence line around parking lot and south to the culvert on east side of roadway: 760 feet, entrance mortise fence: 90 feet, along paver walkway being careful not to damage paver blocks, around 3 picnic shelters, around all trees in the mowed area, information sign, entrance sign, kayak launch, and pedestrian trail heads at markers A, B, and C.

Procurement Contract #SR 2094-06 Page 15 of 25 Revised 03/07/22

Item No. Preserve Name Event Description

Event Quantity (Annual)

3-2-C Deer Prairie Creek Preserve-South Entrance

Bush hog type mow hiking trails: 8.33 acres (5.7 miles x 12 feet wide). 14

3-2-D Deer Prairie Creek Preserve-South Entrance

Mow canoe/kayak Deer Prairie Creek launch parking area (approximately .47 acres)

3-2-E Deer Prairie Creek Preserve-South Entrance

October and May – Clear excessive brush and vegetation along pond edge in mowed area; approximately 335 feet.

This will include weed-eating, hand brush trimming and clearing of vegetation between the area where the mower can work and the pond edge, maximum 3 foot width. Vegetation must be trimmed to 4 inches above ground level or 2 feet above water level, whichever is lowest.

3-3-A Myakka Islands Point

Weed-eat 345 feet and mow parking lot Area 1, Area 2, 8-foot wide loop trail off parking lot and 12-foot wide trail within east fire break south of parking lot:

approximately 1.0 acres (Note: Due to site conditions a tracked-mower producing a maximum 3 psi ground pressure is required.)

3-3-B Myakka Islands Point Weed-eat north and east boundary fence line: 2,594 feet. 2

3-3-C Myakka Islands Point

Mow all other trails and fire breaks:

approximately 3.8 acres. (Note: Due to site conditions a tracked-mower producing a maximum 3 psi ground pressure is required.)

3-4-A Oak Cathedral Preserve

Mow all trails, fire breaks and Blackburn Grade from the Oak Cathedral Preserve gate west to the North Schewe gate (see aerial map): approximately 34.53 acres.

3-5-A Walton Ranch Preserve

Mow parking lot, open areas, 20-foot wide loop trail, trail markers #3, #4 and #5 and the total apron on each side (designated section) of Ranch Road as indicated on aerial: approximately 9.0 acres.

3-5-B Walton Ranch Preserve Mow 12-foot wide trail from trail marker #6 to #8 and the 8-foot wide loop trail:

approximately 1.0 acres.

3-5-C Walton Ranch Preserve Mow 6 feet on each side (designated section) of Ranch Road as indicated on aerial: approximately 0.2 acres.

Procurement Contract #SR 2094-06 Page 16 of 25 Revised 03/07/22

Item No. Preserve Name Event Description

Event Quantity (Annual)

3-5-D Walton Ranch Preserve Mow 10 feet on each side of fence along Ranch Road (20 feet total) as indicated on aerial: approximately 0.6 acres.

3-5-E Walton Ranch Preserve Weed-eat fence lines as indicated on aerial: 4,196 feet. 15

B. Mowing events shall be scheduled by the Contractor, providing the designated site manager with five business days advance notice. Business day is defined as Monday – Friday, 7am – 5pm, excluding County observed holidays. Site managers individually will establish an annual schedule.

C. Miscellaneous Bush Hog Mowing: In addition to the scheduled events identified in Section 4.A, miscellaneous bush hog mowing as an additional service may be required. This service, when requested by the County, shall be for no more than 50 acres, occurring as a one-time event, per zone, per year.

5. INVOICING

A. Contractor shall invoice after each event at the rate on the Fee Schedule.

(End of Exhibit A)

EXHIBIT B

FEE SCHEDULE

Procurement Contract #SR 2094-06 Page 17 of 25 Revised 03/07/22

(End of Exhibit B)

Item No. Preserve Name UOM Unit

Price

3-1-A Deer Prairie Creek Preserve-North Entrance Each $ 120.00

3-1-B Deer Prairie Creek Preserve-North Entrance Each $ 160.00

3-1-C Deer Prairie Creek Preserve-North Entrance Each $ 600.00

3-2-A Deer Prairie Creek Preserve-South Entrance Each $ 250.00

3-2-B Deer Prairie Creek Preserve-South Entrance Each $ 100.00

3-2-C Deer Prairie Creek Preserve-South Entrance Each $ 350.00

3-2-D Deer Prairie Creek Preserve-South Entrance Each $ 60.00

3-2-E Deer Prairie Creek Preserve-South Entrance Each $ 500.00

3-3-A Myakka Islands Point Each $120.00

3-3-B Myakka Islands Point Each $ 240.00

3-3-C Myakka Islands Point Each $ 320.00

3-4-A Oak Cathedral Preserve Each $ 1,200.00

3-5-A Walton Ranch Preserve Each $ 400.00

3-5-B Walton Ranch Preserve Each $ 100.00

3-5-C Walton Ranch Preserve Each $ 80.00

3-5-D Walton Ranch Preserve Each $ 120.00

3-5-E Walton Ranch Preserve Each $ 1,000.00

3-6 Miscellaneous Bush Hog Mowing Acre $ 25.00

EXHIBIT C

INSURANCE REQUIREMENTS

Procurement Contract #SR 2094-06 Page 18 of 25 Revised 03/07/22

For purposes of this Exhibit C, the terms “Vendor,” “Contractor” and “Consultant” shall be interchangeable and the terms “Contract,” “Term Contract” and “Agreement” shall be interchangeable.

CONTRACTOR’S INSURANCE

Contractor shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverage (including endorsements) and limits as described herein. These requirements, as well as the County’s review or acceptance of insurance maintained by Contractor, are not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract.

Insurance requirements itemized in this Contract and required of the Contractor shall extend to all subcontractors to cover their operations performed under this Contract.

The Contractor shall be responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to subcontractors.

Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best’s Financial Strength Rating of A- Class VII or better.

Each insurance policy required by this Contract shall apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer’s liability.

The Contractor shall be solely responsible for payment of all premiums, deductibles, and retentions to which such policies are subject.

Contractor shall furnish Certificates of Insurance to the County Administrative Agent evidencing the types and amounts of coverage, including endorsements, required by this Contract prior to commencement of work and prior to expiration of the insurance contract, when applicable. Such Certificate(s) of Insurance shall be required to provide County with 5-day prior written notice of any policy cancellation or non-renewal.

The County reserves the right to review, reject, or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the term of this Contract. County reserves the right, but not the obligation, to review and reject any insurer providing coverage due to its poor financial condition or failure to operate legally.

A. WORKERS’ COMPENSATION: Contractor agrees to maintain Workers’ Compensation insurance in accordance with Florida Statutes, Chapter 440.

Employers Liability to be included with a minimum limit of $500,000.00 per accident/per disease/per employee. If work is to be performed over or adjacent to navigable water and involves maritime exposure, applicable LHWCA, Jones Act, or other maritime law coverage shall be included.

In the event the Contractor has “leased” employees, the Contractor or the employee leasing company must provide evidence of a Workers’ Compensation policy for all personnel on the worksite.

EXHIBIT C

INSURANCE REQUIREMENTS

Procurement Contract #SR 2094-06 Page 19 of 25 Revised 03/07/22

Contractors who are exempt from Florida’s Workers’ Compensation law must provide proof of such exemption issued by the Florida Department of Financial Services, Bureau of Workers’ Compensation.

B. COMMERCIAL GENERAL LIABILITY: Contractor agrees to maintain Commercial General Liability per ISO form CG0001 or its equivalent, including but not limited to coverage for premises and operations, personal injury, products & completed operations, liability assumed under an insured contract, and independent contractors with limits of not less than $1,000,000.00 each occurrence, $2,000,000.00 aggregate covering all work performed under this Contract. Contractor agrees to endorse Sarasota County Government as an additional insured on the Commercial General Liability coverage.

C. BUSINESS AUTOMOBILE LIABILITY: Contractor agrees to maintain Business Automobile Liability with limits not less than $1,000,000.00 combined single limit for each accident covering all Owned, Non-Owned & Hired automobiles used in the performance of this Contract. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

If the Contractor is shipping a product via common carrier, the contractor shall be responsible for any loss or damage sustained in delivery/transit.

D. POLLUTION LIABILITY (PESTICIDES/HERBICIDES): Contractor agrees to maintain Pollution Liability coverage with limits not less than $1,000,000 per claim/occurrence for bodily injury, property damage and environmental damage from sudden and gradual occurrences resulting from pollution conditions arising out of the application of pesticides and/or herbicides as part of the services performed under this contract. This requirement may be satisfied via endorsement to Contractor’s Commercial General Liability policy amending the pollution exclusion to include coverage for such exposures. If coverage is written on a claims-made basis: a. Any retroactive date shall precede the effective date of this contract; b. Contractor shall provide certificates of insurance evidencing the required coverage for a period of two years after final payment under this contract is made, or provide evidence showing Contractor has obtained a two year extended reporting period endorsement.

(End of Exhibit C)

ATTACHMENT 1 to EXHIBIT A

SITE MAPS

Procurement Contract #SR 2094-06 Page 20 of 25 Revised 03/07/22

Zone 3 Site Maps

Item No. Preserve Map Name

3-1 Deer Prairie Creek Preserve Mowing

3-2 Deer Prairie Creek Preserve Mowing

3-3 Myakka Islands Point Mowing

3-4 Oak Cathedral Preserve Mowing

3-5 Walton Ranch Preserve Mowing

Procurement Contract #SR 2094-06 Page 21 of 25 Revised 03/07/22

Procurement Contract #SR 2094-06 Page 22 of 25

Procurement Contract #SR 2094-06 Page 23 of 25

Procurement Contract #SR 2094-06 Page 24 of 25

Procurement Contract #SR 2094-06 Page 25 of 25

(End of Attachment 1)