HomeMy Public PortalAbout2012 AgreementRESOLUTION NO. 2012-34a
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING ALL
FLORIDA TREE AND LANDSCAPE, INC. TO TRIM AND
PRUNE TREES WITHIN THE VILLAGE; AUTHORIZING
THE VILLAGE MANAGER AND/OR HIS DESIGNEE TO
NEGOTIATE FINAL TERMS FOR SUCH SERVICES AND
ENTER INTO AN AGREEMENT; PROVIDING FOR A
WAIVER OF COMPETITIVE BIDDING; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village Arborist submitted an inventory report dated June 28, 2012 which
recommended a list of trees that needed to be trimmed and pruned; and
WHEREAS,the Village desires to trim and prune various trees within the Village in order
to help protect against the impacts of potential storm events and hurricanes; and
WHEREAS, the Village Council desires to select All Florida Tree and Landscape, Inc. (The
"Contractor") to trim and prune trees within the Village (the "Service"); and
WHEREAS, this Service should be provided by the Contractor who is familiar with the
scope of work needed by the Village and has been previously trained by the Village Arborist and can
provide the Service in an expeditious manner in order to protect the Village from the impacts of
potential storm events and hurricanes, and, therefore, it is impractical to competitively bid this
Service and it is necessary to waive competitive bidding pursuant to Section 2-85 of the Village's
Code; and
WHEREAS, the Village Council authorizes the Village Manager and/or his designee to
negotiate final terms for such Service and enter into an agreement with the Contractor, consistent
with the proposal attached hereto as Exhibit "A;" and
WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare
of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted,
confirmed and incorporated herein.
Section 2. Contractor Selected. The Village Council hereby selects the Contractor for
the Service.
Section 3. Waiver of Competitive Bidding. The Village Council hereby waives
competitive bidding, pursuant to Section 2-85 of the Village Code, because it is impractical to apply
such procedures for the Service which must occur in an expeditious manner by the Contractor who
is familiar with the Village's scope of work and has been previously trained by the Village Arborist
in order to protect the Village from the impacts of potential storm events and hurricanes,
Section 4. Village Manager Authorized. The Village Manager and/or his designee are
hereby authorized to negotiate final terms and enter into an agreement with the Contractor for the
Service, consistent with the proposals attached hereto as Exhibit "a," subject to approval as to form,
content, and legal sufficiency by the Village Attorney.
Section 5. Effective Date. This Resolution shall be effective immediately upon
adoption.
( tA)1Z (V --------
PASSED AND ADOPTED this 4th of September, 2012.
OR FRANKLIN , CAPLAN
2
VILLAGE ATTORNEY
ATT
7-afl'AP
CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC
3
Exhibit "A"
p L FLOW/L/4
SEAN➢LANCSCAPE
All Florida Tree & Landscape, Inc.
5855 NW 47th Place
Coral Springs, FL 33067
Name / Address
Village of Key Biscayne
88 W. McIntyre Street
Key Biscayne, FL 33149
Item
-uning
uning
uning
'uning
'uning
'uning
'uning
uning
uning
•uning
Estimate
Date Estimate #
8/28/2012 EL 993
Project
Description ( Qty Cost Total
0.001 0.00
The following trees shall be pruned as
per the August 2012 Village Memo and
8/24/12 meeting regarding trees
located in the Village Right of Ways.
All trees shall be addressed on an
individual basis. All debris shall be
removed from site. Ail Florida Tree
performed a storm assessment on 8/27
after the passing of Tropical Storm
Isaac. Only 2 co -dominant failures
were noted in Mahoganies and several
failures on other species (not on this
list). AFT is willing to address those
issues as needed.
E Enid - Mahoganies
E Heath Mahoganies
Pacific Mahoganies
Harbor Drive Mahoganies
Mashta Mahoganies
N. Mashta - Mahoganies
Island Drive - Mahoganies
Woodcrest - Live Oaks
McIntyre - Live Oaks
45 50.00 2,250.00
35 50.00. 1,750.00
12 50.00 600.00
138 50.00 6,900.00
60 50.00 3,000.00
7 50.00 350.00
48 50.00 i 2,400.00
111 45.00 4,995.00
98 45.00 9 4,410.00
Total
Phone #
Fax #
E-mail
954-753-6292
954-509-9049
wolfsonma@bellsouth.net
Page 1
Exhibit "A"
TREE AN➢ LANDSCAPE
All Florida Tree & Landscape, Inc.
5855 NW 47th Place
Coral Springs, FL 33067
Name / Address
Village of Key Biscayne
88 W. McIntyre Street
Key Biscayne, FL 33149
Estimate
Date
8/28/2012 EL 993
Item
Description
Qty
Cost
Total
Pruning
Pruning
Pruning
Arboricultur...
Glen Ridge - Live Oaks
Cranwood - Live Oaks
Crandon Blvd. - Live Oaks
All Florida Tree & Landscape, Inc.
adheres to the standards of practice for
tree care according to the American
National Standards Institute. All work
is performed in accordance with their
rules and regulations as set forth in
ANSI A300 and ANSI Z133.1.
135
33
214
45.00
45.00
35.00
0.00
6,075.00
1,485.00
7,490.00
0.00
Total $41,705.00
Phone #
Fax #
E-mail
954-753-6292
954-509-9049
wolfsonma@bellsouth.net
Page 2
Hardwood Tree Trimming and Pruning Services Bid Tabulation
August 28, 2012
Contractor
All Florida Tree & Landscape, Inc.
Oaks $45.00
Mahoganies $50.00
Frank's Lawn Service, Inc.
Oaks $75.00
Mahoganies $75.00
Gorgeous Landscapes & Lawns, Inc.
Oaks $75.00
Mahoganies $80.00
Israel Landscaping & Tree Service, Inc.
Oaks $70.00
Mahoganies $60.00
Description Description
** All Florida Tree & Landscape, Inc. $35.00 for Oaks in Crandon Boulevard
AGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
ALL FLORIDA TREE & LANDSCAPE, INC.
THIS AGREEMENT (this "Agreement") is made effective as of the 9 in day of
Septewlbe( , 2012 (the "Effective Date"), by and between the VILLAGE OF KEY
BISCAYNE, a Florida municipal corporation (hereinafter the "Village"). and ALL FLORIDA
TREE & LANDSCAPE, INC., a Florida corporation (hereinafter the "Contractor"), with its
address at 5855 N.W. 47TH Place, Coral Springs, Florida 33067.
WHEREAS, on June 28, 2012, the Village received a report and recommendation from
its Arborist, John Sutton, delineating the scope of work needed to prune and trim all Village -
owned trees and incorporating a trimming and pruning cycle, in order to protect against the
potential impacts of storm events and hurricanes (the "Arborist Report"), which report is
incorporated herein by reference as if fully set forth in this Agreement;
WHEREAS, on August 28, 2012, the Contractor submitted a proposal to the Village for
tree trimming and pruning services consistent with the Arborist's Report, which proposal is
attached hereto and made a part hereof as Exhibit "A" (the "Proposal");
WHEREAS, the Village has determined that the services shall be provided in two (2)
phases: Phase I will address the 1,094 Oaks and Mahoganies, and Phase II will address all
remaining trees located in the Village's rights -of -way;
WHEREAS, the Village selected the Contractor for the requested services, and the
Village desires to enter into an agreement with the Contractor for the services described in this
Agreement, and the Contractor has agreed to provide such services pursuant to the Proposal; and
WHEREAS, the Contractor and the Village, through mutual negotiation, have agreed
upon a Scope of Services, schedule, and fee to engage the Contractor to perform certain services
for the Village consisting of tree trimming and pruning services, as further detailed in the Scope of
Services set forth herein below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the Contractor and the Village agree as follows.
1. Scope of Services.
The Contractor shall furnish such services and provide deliverables as set
forth and described in the Proposal attached hereto as Exhibit "A," which
shall include, but are not limited to, tree trimming and pruning services
and removal of all debris (collectively, the "Services"). In performing the
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Services, the Contractor shall adhere to and follow the terms, conditions
and recommendations set forth in the Arborist Report.
1.2. The Scope of Services has been divided into two Phases: Phase I shall
address the 1,094 Oaks and Mahoganies and shall be completed by no
later than /1%1ent 3 , 2012. Phase II shall address all remaining
trees located within the Village's rights -of way and shall be completed no
later than //O11-49,ritheg- )3 Zolz. .
1.3. The Scope of Services itemized above is not intended to be limiting, and
additional services may be required of the Contractor as directed by the
Village Manager.
1.4. The Contractor shall utilize its special skills, and shall expend all
necessary efforts and personnel to competently and professionally perform
and complete the Services in a successful, timely and safe manner. The
Contractor shall provide all necessary materials, equipment, personnel and
services for the efficient and timely performance of the Services.
2. Term/Commencement Date.
2.1 This Agreement shall become effective upon the Effective Date and shall
remain in effect until the Contractor completes the Services described
herein, which Services (including Phase I and Phase II) shall be completed
no later than 40 calendar days from the date specified in the Village's
Notice to Proceed, unless earlier terminated in accordance with Paragraph
8. The Village shall provide the Contractor with a Notice to Proceed for
the Services or any part or phase thereof. The Village Manager or his
designee may extend the time for performance of the Services or the term
of this Agreement up to an additional ninety (90) days by written notice to
the Contractor.
2.2 The Contractor acknowledges and agrees that time is of the essence in the
performance of the Services required under this Agreement. The
Contractor shall perform and complete the Services within the timeframes
set forth in the Notice to Proceed or as directed by the Village, unless an
extension is granted by the Village Manager or his designee.
3. Compensation and Payment.
3.1 The Contractor shall be paid for the Services on a unit basis in accordance
with the fee schedule included in the Proposal and attached hereto as
Exhibit "A", but such compensation shall not exceed the total amount of
$45,930.00 ($41,705.00 for the Phase I work and $4,225.00 for the Phase
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II work). All unit prices and fees charged shall be supported by a complete
accounting of said work.
3.2 In order to receive payment for the Contractor's Services, the Contractor
must provide a detailed invoice, on a monthly basis, that contains a list of
the Services that have been provided. The Contractor may be required to
use a form that is acceptable to State or federal agencies which may
reimburse the Village for the Services, including forms prescribed by the
Federal Emergency Management Agency ("FLMA").
3.3 The Contractor shall pay all of its own expenses incurred in performing
the Services.
3.4 Invoices shall be promptly processed for payment upon receipt by the
Village pursuant to Sec. 218.70, Fla. Stat, the Florida Prompt Payment
Act, after approval and acceptance of the Services by the Village Manager
or his designee.
4. Subcontractors.
4.1 The Contractor shall be responsible for all payments to any subcontractors
and shall maintain responsibility for all work related to the Services
performed.
4.2 Any subcontractors used to complete the Services requested by the Village
pursuant to this Agreement, must have the prior written approval of the
Village Manager or his designee.
5. Village's Responsibilities.
5.1 The Village shall furnish to the Contractor, at the Contractor's written
request, all available data, studies and reports in the possession of the
Village, pertinent to the Services to be provided by the Contractor.
5.2 The Village shall arrange for reasonable access to and make all provisions
for the Contractor to enter upon real property, as required for the
Contractor to perform the Services, as may be requested in writing by the
Contractor.
6. Contractor's Responsibilities.
6.1 The Contractor shall exercise the same degree of care, skill and diligence
in the performance of the Services requested as is ordinarily provided by a
Contractor under similar circumstances. If at any time during the term of
this Agreement it is determined that the Contractor's deliverables are
incorrect, defective or fail to conform to the Services requested, upon
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written notification from the Village Manager or his designee, the
Contractor shall, at Contractor's sole expense, immediately correct the
work.
6.2 The Contractor shall supply all information and documentation required to
support the Village in any State or Federal programs reimbursement
process, including as mandated by ELMA. Further, the Contractor shall
otherwise comply with any and all requirements for State and federal
reimbursement, and all applicable federal and State laws.
7. Conflict of Interest.
7.1 Intentionally Deleted.
8. Termination.
8.1 The Village Manager or his designee may terminate this Agreement
without cause upon five (5) days written notice to the Contractor, or
immediately with cause.
8.2 Upon receipt of the Village's written notice of termination, the Contractor
shall cease working unless directed otherwise by the Village Manager or
his designee.
8.3 In the event of termination by the Village, the Contractor shall be paid for
all work accepted by the Village Manager or his designee up to the date of
termination, provided that the Contractor has first complied with the
provisions of Paragraph 8.4.
8.4 The Contractor shall transfer all books, records, reports, working drafts,
documents, maps, and data pertaining to the Services provided to the
Village, in a hard copy and electronic format within fourteen (14) days
from the date of the written notice of termination or the date of expiration
of this Agreement.
9. Nondiscrimination.
9.1 During the term of this Agreement, the Contractor shall not discriminate
against any of its employees or applicants for employment because of their
race, color, religion, sex, or national origin, and shall abide by all Federal
and State laws regarding nondiscrimination
10. Attorneys' Fees and Waiver of Jury Trial.
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10.1 In the event of any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover its attorneys' fees and costs, including the
fees and expenses of any paralegals, law clerks and legal assistants, and
including fees and expenses charged for representation at both the trial and
appellate levels.
10.2 In the event of any litigation arising out of this Agreement, each party
hereby knowingly, irrevocably, voluntarily and intentionally waives its
right to trial by jury.
11. Indemnification; Insurance.
1 1.1 The Contractor shall defend, indemnify, and hold harmless the Village, its
officers, agents and employees, from and against any and all demands,
claims, losses, suits, liabilities, causes of action, judgment or damages,
arising out of, related to, or any way connected with the Contractor's
Services pursuant to this Agreement, and the performance or non-
performance of any provision of this Agreement, including, but not limited
to, liabilities arising from contracts between the Contractor and third
parties made pursuant to this Agreement, and intellectual property rights
of third parties. The Contractor shall reimburse the Village for all its
expenses including reasonable attorneys' fees and costs incurred in and
about the defense of any such claim or investigation and for any judgment
or damages arising out of, related to, or in any way connected with the
Contractor's Services and the performance or non-performance of this
Agreement.
11.2 The Contractor shall secure and maintain throughout the duration of this
Agreement, insurance of such type and in such amounts necessary to
protect its interest and the interest of the Village against hazards or risks of
loss, as specified below. The underwriter of such insurance shall be
qualified to do business in Florida, be rated "A -X" or better by AM Best
& Company, and have agents upon whom service of process may be made
in the State of Florida. The insurance coverage shall be primary insurance
with respect to the Village, its officials, employees, agents and volunteers
naming the Village as additional insured. Any insurance maintained by the
Village shall be in excess of the Contractor's insurance and shall not
contribute to the Contractor's insurance. The insurance coverages shall
include at a minimum the amounts set forth in this Section 11.
11.3 Professional Liability Insurance. This insurance shall be written in
comprehensive form and shall protect the Contractor and the Village
against claims arising from professional liability and malpractice arising
out of any act or omission or the act or omission of any of its agents,
employees, or subcontractors. The limit of liability shall not be less than
$1,000,000.00.
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11.4 Worker's Compensation and Employer's Liability Insurance.
Coverage to apply for all employees for statutory limits as required by
applicable State and Federal laws. The policy(ies) must include
Employer's Liability with minimum limits of $1,000,000.00 each
accident. No employee, subcontractor or agent of the Contractor shall be
allowed to provide Services pursuant to this Agreement who is not
covered by Worker's Compensation insurance.
11.5 Comprehensive Automobile and Vehicle Liability Insurance. This
insurance shall be written in comprehensive form and shall protect the
Contractor and the Village against claims for injuries to members of the
public and/or damages to property of others arising from the Contractor's
use of motor vehicles or any other equipment and shall cover operation
with respect to onsite and offsite operations and insurance coverage shall
extend to any motor vehicles or other equipment irrespective of whether
the same is owned, non -owned, or hired. The limit of liability shall not be
less than $1,000,000.00 per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive that the latest edition of the
Business Automobile Liability Policy, without restrictive endorsement, as
filed by the Insurance Services Office.
11.6 Commercial General Liability. This insurance shall be written in
comprehensive form and shall protect the Contractor and the Village
against claims arising from injuries to members of the public or damage to
property of others arising out of any act or omission to act of the
Contractor or any of its agents, employees, or subcontractors. The limit of
liability shall not be less than $1,000,000.00 per occurrence, combined
single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest
edition of the Commercial General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
(1) Premises and/or Operations; (2) Independent contractors and Products
and/or completed Operations; (3) Broad Form Property Damage, Personal
Injury and a Contractual Liability Endorsement, including any hold
harmless and/or indemnification agreement.
11.7 Certificate of Insurance. On or before the Effective Date of this
Agreement, the Contractor shall provide the Village with Certificates of
Insurance for all required policies. The Contractor shall be responsible for
assuring that the insurance certificates required by this Section remain in
full force and effect for the duration of this Agreement, including any
extensions or renewals that may be granted by the Village. The
Certificates of Insurance shall not only name the types of policy(ies)
provided, but also shall refer specifically to this Agreement and shall state
that such insurance is as required by this Agreement. The Village reserves
the right to require the Contractor to provide a certified copy of such
policies, upon written request by the Village. If a policy is due to expire
prior to the completion of the Services, renewal Certificates of Insurance
or policies shall be furnished thirty (30) calendar days prior to the date of
their policy expiration. Each policy certificate shall be endorsed with a
provision that not less than thirty (30) calendar days' written notice shall
be provided to the Village before any policy or coverage is modified,
expires or is cancelled or restricted. Acceptance of the Certificate(s) is
subject to approval of the Village.
11.8 Additional Insured. The Village is to be specifically included as an
Additional Insured for the liability of the Village resulting from Services
performed by or on behalf of the Contractor in performance of this
Agreement. The Contractor's insurance, including that applicable to the
Village as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the Village shall be in excess of and shall
not contribute to the Contractor's insurance. The Contractor's insurance
shall contain a severability of interest provision providing that, except
with respect to the total limits of liability, the insurance shall apply to each
Insured or Additional Insured in the same manner as if separate policies
had been issued to each.
11.9 Deductibles. All deductibles or self -insured retentions must be declared
to and be approved by the Village. The Contractor shall be responsible for
the payment of any deductible or self -insured retentions in the event of
any claim.
11.10 The provisions of this section shall survive termination of this Agreement.
12. Notices/Authorized Representatives.
12.1 Any notices required by this Agreement shall be in writing and shall be
deemed to have been properly given if transmitted by hand -delivery, by
registered or certified mail with postage prepaid return receipt requested,
or by a private postal service, addressed to the parties (or their successors)
at the following addresses:
For the Village:
John C. Gilbert, Village Manager
Village of Key Biscayne. Florida
88 W. McIntyre Street, Suite 210
Key Biscayne. FL 33149
Telephone: 305-365-5500
Fax Number: 305-365-8936
For The Contractor: All Florida Tree & Landscape, Inc.
Attention: Alan McPherson, President
7
5855 N.W. 47th Place
Coral Springs, Florida 33067
Telephone: ( )
Fax Number: ( )
1.3. Governing Law.
13.1 This Agreement shall be construed in accordance with and governed by
the laws of the State of Florida. Venue for any litigation arising out of this
Agreement shall be proper exclusively in Miami -Dade County, Florida.
14. Entire Agreement; Amendment; Authorization.
14.1 This writing contains the entire Agreement of the parties and supersedes
any prior oral or written representations. No representations were made or
relied upon by either party, other than those that are expressly set forth
herein.
14.2 No agent, employee, or other representative of either party is empowered
to modify or amend the terms of this Agreement, unless such amendment
is executed with the same formality as this document.
14.3 The Contractor represents that it is an entity validly existing and in good
standing under the laws of the State of Florida. The execution, delivery
and performance of this Agreement by the Contractor has been duly
authorized, and this Agreement is binding on the Contractor and
enforceable against the Contractor in accordance with its terms. No
consent or authorization of any other person or entity to such execution,
delivery and performance is required.
15. Ownership and Access to Records and Audits.
15.1 All records, books, documents, maps, data, deliverables, papers and
financial information (the "Records") that result from the Contractor
providing the Services to the Village under this Agreement shall be the
property of the Village.
15.2 The Village Manager or his designee shall, during the term of this
Agreement and for a period of three (3) years from the date of termination
of this Agreement, have access to and the right to examine and audit any
Records of the Contractor involving transactions related to this
Agreement, or for such longer period as required by FEMA.
15.3 The Village may cancel and terminate this Agreement immediately for
refusal by the Contractor to allow access by the Village Manager or his
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designee to any Records pertaining to the Services performed under this
Agreement that are subject to the provisions of Chapter 119, Florida
Statutes.
16. Nonassignability.
16.1 This Agreement shall not be assignable by the Contractor unless such
assignment is first approved in writing by the Village Manager or his
designee, in its sole and absolute discretion. The Village. in entering this
Agreement, is relying upon the apparent qualifications and personal
expertise of the Contractor, and his firm's familiarity with the Village and
the Village's desires.
17. Severability.
17.1 If any term or provision of this Agreement shall to any extent be held
invalid or unenforceable, the remainder of this Agreement shall not be
affected thereby, and each remaining term and provision of this
Agreement shall be valid and be enforceable to the fullest extent permitted
by law.
18. Independent Contractor.
18.1 The Contractor and its employees. volunteers and agents shall be and
remain independent contractors and not agents or employees of the Village
with respect to all of the acts and Services performed pursuant to the terms
of this Agreement. This Agreement shall not in any way be construed to
create a partnership, association or any other kind of joint undertaking,
enterprise or venture between the parties.
19. Compliance with Laws.
19.1 The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities relating to the Services
provided, including any applicable FNMA requirements and/or
regulations, and shall procure and maintain all licenses and permits from
all jurisdictional agencies to perform the Services pursuant to this
Agreement.
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20. Waiver.
20.1 The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other which is in
violation of the terms of this Agreement shall not be construed as a waiver
of the violation or breach, or of any future violation, breach or wrongful
conduct.
21. Survival of Provisions.
21.1 Any terms or conditions of either this Agreement that require acts beyond
the date of the term of the Agreement, shall survive termination of the
Agreement, and shall remain in full force and effect unless and until the
terms or conditions are completed and shall be fully enforceable by either
party.
22. Prohibition of Contingency Fees.
22.1 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.
23. Counterparts.
23.1 This Agreement may be executed in several counterparts, each of which
shall be deemed an original and such counterparts shall constitute one and
the same instrument.
24. Safety; Accident Prevention and Regulations.
24.1 Precautions shall be exercised at all times for the protection of persons and
property. The Contractor and subcontractors shall conform to all OSHA,
Federal, State, County and Village laws and regulations while performing
the Services under the terms and conditions of this Agreement. Any fines
levied by the above -mentioned authorities, because of failure or
inadequacies to comply with these requirements, shall be borne solely by
the Contractor who shall be responsible for same.
25. Required Licenses, Permits and Certifications; Warranties of Contractor.
25.1 The Contractor represents and warrants to the Village that at all times
during the term of this Agreement it shall procure and maintain in good
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standing all required licenses, permits, certifications and insurance
required under federal, state and local laws necessary to perform the
Services pursuant to this Agreement. Any fines levied by the above -
mentioned authorities, because of failure or inadequacies to comply with
these requirements, shall be borne solely by the Contractor who shall be
responsible for same.
26. Public Entity Crime Affidavit
26.1 The Contractor shall comply with Section 287.133, Florida Statutes
(Public Entities Crime Statute), notification of which is hereby incorporated
herein by reference, including the execution of any required affidavit.
[Remainder of page intentionally left blank]
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the first date as
written above.
Attest:
z, Mt?r.g lla e Clerk
-for
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND BENEFIT OF VILLAGE OF
KEY BISCAYNE ONLY:
illa_e Attorney
VILLAGE OF KEY BISCAYNE
By: •'�
n C. Gilbert, Village Manager
Da - li
CONTRACTOR:
ALL FLORIDA TREE & LANDSCAPE,
INC., a Florida corporation
By:
Name:
Title:
c
Date: Q-- (411—f
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EXHIBIT "A"
(Attach Proposal of Contractor dated August 28, 2012, including Unit Pricing)
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