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HomeMy Public PortalAbout2005-09 Agreement with Proturf, Inc Maintenace Landscaping of Village Green and Village Playing FieldsRESOLUTION NO. 2005-9 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING LANDSCAPE SERVICES AGREEMENT BETWEEN PROTURF, INC. AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR THE VILLAGE TO OBTAIN THE SERVICES OF PROTURF, INC. FOR MAINTENANCE OF LANDSCAPING OF VILLAGE GREEN AND VILLAGE PLAYING FIELDS, INCLUDING PLAYING FIELD AT THE ST. AGNES CATHOLIC CHURCH AND PLAYING FIELD AT THE KEY BISCAYNE COMMUNITY SCHOOL; AUTHORIZING IMPLEMENTATION OF AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Manager has recommended that the firm of Proturf, Inc., be utilized by the Village for the purpose of providing landscaping maintenance services at the Village Green and at playing fields utilized by the Village at the St. Agnes Catholic Church and Key Biscayne Community School as described herein; and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that the Village Council is authorized to waive competitive bidding for the landscape services pursuant to Section 2-85 of the Village Code, upon the Village Council hereby finding that it is impractical to apply competitive bidding procedures in light of the need to expeditiously proceed with playing field landscape maintenance activities; and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Agreement Approved. That the Village Manager is hereby authorized to enter into the Landscape Services Agreement with Proturf, Inc., in substantially the form as attached hereto, and such Agreement is hereby approved, subject to approval of the Village Attorney as to form and legal sufficiency. Section 3. Specification of Funds. That the fund amount and source for the services described herein are hereby authorized and approved as described in the Memorandum of the Village Manager which accompanies this Resolution. Section 4. Implementation. That the Village Manager is hereby authorized to take any and all action necessary to implement the purposes of this Resolution and the Agreement. Section 5. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 8th day of March, 2005. CHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TOtORM AND LEGAL SUFFIC ,Q-S� VILLAGE AY'TORNE' /GO6ceu 4 L.: MAYOR ROBERT OLDAKOWSKI F:/103.001/Resolution/Approving Landscape Services Agreement with Proturf, Inc. 10.29.04 VILLAGE OF KEY BISCAYNE Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez Office of the Village Manager DT February 28, 2005 TO H . o - . le Mayor FR nen+ez, V embers Manager FIELD MAINTENANCE CONTRACT WITH PROTURF, INC RECOMMENDATION It is recommended that the Village Council approve the agreement for landscape services with Proturf, Inc BACKGROUND The Village ongmally contracted with Proturf to complete the field, drainage and irrigation at the St Agnes field Since the completion of the project Proturf has contmued to maintain the fields at St Agnes This agreement would add the playing fields areas of the Village Green and the Key Biscayne Elementary School to Proturf s scope of services Proturf is contracted by both municipal and public clients to provide quality services to parks, ball fields and golf courses The firm provides both installation and maintenance services The contract with Proturf is currently funded in the Parks and Recreation Department's 2005 budget Please refer to the following client list 1 Pro Player Stadium 2 Piper Field 3 St Thomas University Seasonal maintenance Construction of a baseball and soccer field Construction and maintenance of baseball Fields 88 West McIntyre Street, Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUCH RESPONSIBLE GOVERNMENT www keybiscayne fl gov 4 City of Coral Gables 5 City of North Miami 6 Town of Davie 7 Inverray Golf Course 8 Doral Resort & Spa 9 Don Shula's Hotel & Golf Club 10 Dante Fascell Park Maintenance of the Baseball fields and Granada and Biltmore golf courses Maintenance of the Baseball fields Maintenance of the Baseball fields Golf course maintenance Golf course construction White Course Golf course maintenance Park Construction with C3TS 11 Everglades Restoration & Mitigation 12 Monroe County Renovations and re -grassing of baseball And softball fields VILLAGE OF KEY BISCAYNE AGREEMENT FOR LANDSCAPE SERVICES THIS AGREEMENT, made and entered into as of this 1st day of February, 2005, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and PROTURF, INC., a Florida corporation (the "CONTRACTOR"). RECITALS: The VILLAGE wants to engage the CONTRACTOR to perform certain landscape maintenance services for: the Village Green; the playing fields utilized by the VILLAGE at the Key Biscayne Community School; the playing fields, utilized by the VILLAGE at the St. Agnes Catholic Church; (collectively, the "Playing Fields"), as specifically described in the Scope of Services provided in Exhibit "A" to this Agreement (the "Specified Services"). The CONTRACTOR wants to provide such Specified Services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES A. The CONTRACTOR agrees to provide the Specified Services upon written request from the Village Manager. B. The Village Manager may add items to the enumerated Specified Services which she finds are necessary for the full performance of the landscaping maintenance service function. C. CONTRACTOR shall expend all necessary efforts to competently and skillfully complete all tasks so that the Playing Fields are efficiently maintained. D. The Specified Services are described in Exhibit "A", which is attached hereto and incorporated herein. 2. FEES FOR SERVICES A. As full compensation for satisfactory performance of the Specified Services, the CONTRACTOR agrees to charge and shall be paid by the Village in accordance with the following schedule of fees: Fee for Entire Area Served (1) Regular Program: Including all necessary work, including but not limited to mowing, maintaining the clay areas free of weeds and edged, fire ant and trash pickup. Twice (2) per week during April through September and once per week during October through March as applicable . (2) Inspection of Irrigation System: To be performed once per week. Turf Aeration: To be performed a minimum of three (3) times per year. Fertilizing: One application per year— Fertilizer with Ronstar One application per year — Fertilizer (5) (6) Top Choice: To be performed as needed upon approval of Village Manager. (7) Weed Control: To be performed as needed upon approval of Village Manager. Orthene TTO: To be performed twice per year B. Fees shall be paid in arrears each month, $ 459.29 (per mowing) $ 35.00 (per inspection) $ 890.00 (per aeration) $1,744.80 (price per application) $1,100.71 (price per application) $ 1,406.02 (per application) $ 645.32 (per application) $ 187.50 (per application) pursuant to monthly invoice. Invoices shall be processed pursuant to Prompt Payment Act, Section 218.70, Florida Statutes. C. The fees stated above are based upon providing the Specified Services for a total area of approximately 6.5 acres. 3. TERM The duration of the term of this Agreement shall be for an initial term, commencing on February 1, 2005 and ending on September 30, 2005, unless extended by the Village Manager pursuant to paragraph 10 or earlier terminated pursuant to paragraph 8. 4. RECORDS All original sketches, tracings, drawings, computations, details, reports, calculations, work papers and other documents and plans that result from the CONTRACTOR providing Specified Services shall be the property of the VILLAGE. Upon termination of this Agreement or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONTRACTOR. 5. INSURANCE A. The CONTRACTOR shall at all times carry comprehensive general liability and contractual liability insurance, workers' compensation insurance (if applicable), and automotive liability insurance, with minimum policy limits for each coverage in the amount of at least One Million ($1,000,000.00) Dollars per occurrence, combined single limit, for property damage and bodily injury, including death, except that the dollar amount of workers compensation coverage (if applicable) shall be as provided by Chapter 440, Fla. Stat. 'The VILLAGE shall be named as an additional insured on all of the above insurance policies, to the extent permitted by law. Each insurance policy shall state that it is not subject to cancellation or reduction in coverage without written notice to the VILLAGE 30 days prior to the effective date of cancellation or reduction of coverage. B. CONTRACTOR shall indemnify and hold harmless the VILLAGE, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Agreement. 6. ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR. 7. PROHIBITION AGAINST CONTINGENT FEES 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 Agreement, and that it has not paid or agreed to pay any person(s), 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 or making of this Agreement. 8. TERMINATION This Agreement may be terminated by the VILLAGE upon forty-five (45) days written notice with or without cause and by the CONTRACTOR upon ninety (90) days written notice with or without cause. If this Agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of paragraph 2 for all acceptable work performed up to the date of termination. 9. NONEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole and absolute discretion. 10. ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. The Village Manager shall act for VILLAGE hereunder. 11. WARRANTIES OF CONTRACTOR The CONTRACTOR hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services for Village as an independent contractor of the Village. 12. NOTICES All notices and communications to the VILLAGE or CONTRACTOR shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: Village: Jacqueline R. Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 With a copy to: Contractor: Village Attorney c/o Weiss Serota Helfman Pastoriza Guedes Cole & Boniske, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Proturf, Inc. 7344 Southwest 48th Street Miami, Florida 33155 -5- 13. GOVERNING LAW; LITIGATION This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation hereunder shall be in Miami -Dade County, Florida. The parties voluntarily waive the right to any trial by jury in any litigation hereunder between the parties. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONTRACTOR: PROTURF, 7344 Sout Miami, F co Regalado %1d2, - Village Attorney -6- VILLAGE: VILLAGE OF KEY BISCAYNE 88 Wes cIntyre Street Key : is : yne - _ . 9 B nendez 0a4ebyr illage Clerk oved as to Form and Legal Sufficiency: Prk 1 EXHIBIT "A" A. CONTRACTOR shall perform all necessary landscape services, including, but not limited to, mowing, trimming, edging, weeding, pruning, planting, fertilizing, pesticide application, irrigation system maintenance, litter removal, and all other services approved by the Village Manager. B. The services provided by CONTRACTOR shall be performed in a manner which serves to comply with this Agreement, meets the needs of the VILLAGE as determined by the Village Manager, and serves to comply with the VILLAGE's contractual obligations for playing field maintenance and preparation with the St. Agnes Catholic Church ("St. Agnes"), by which the VILLAGE has the right to use the playing fields at the St. Agnes Catholic Church, and with the VILLAGE's contractual obligations for playing field maintenance and preparation with the School Board of Miami -Dade County ("School Board"), by which the VILLAGE has the right to utilize the playing fields at the Key Biscayne Community School. CONTRACTOR hereby represents that it has been provided a copy of the above -referenced St. Agnes and School Board Agreements of the Village and is ready, willing and able to perform and shall provide hereunder the playing field services which the VILLAGE is required to provide to St. Agnes and School Board pursuant to those Agreements, as described herein. F:/103.001/Agreement/Landscape Agreement with Proturf, Inc. 10.28.04