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