HomeMy Public PortalAbout2023-15 Selecting Brightview Landscape Services, Inc for athletic field maintenance servicesRE S O L U T I O N N O . 2 0 2 3 -1 5
A RE S O L U T I O N O F T H E V IL L A G E C O UN C IL O F T H E
V IL L A G E O F K E Y B I S C A YN E , F L O RI D A , S E L E C T IN G
B RI G H T V IE W L A N D S C A P E S E R V IC E S , IN C . F O R
A T H L E T I C F IE L D M A IN T E N A N C E S E R V IC E S IN A N
A M O U N T N O T T O E X C E E D $3 2 6 ,9 7 9 .9 0 A N N U A L L Y ;
P R O V ID I N G F O R A U T H O RI Z A T I O N ; A N D P R O V I D I N G
F O R A N E F F E C T IV E D A T E .
W H E RE A S , the Village of Key Biscayne ("Village") requires athletic field maintenance
services (the "Services") at the Village Green, MAST Academy, St. Agnes, Key Biscayne K-8
School Field, and Paradise Park; and
WHEREAS, on November 4, 2022, the Village issued Request for Proposals (the "RFP")
No. 2023-07 for the Services; and
WHEREAS, two (2) sealed proposals were received by the RFP deadline; and
WHEREAS, one proposal was deemed non-responsive due to the failure to provide pricing
for all components of the Services required; and
WHEREAS, after review and evaluation of the proposals submitted, the Evaluation
Committee ranked BrightView Landscape Services, Inc. (the "Consultant") as the lowest, most
responsive and responsible firm that provides the best value to the Village for the Services; and
WHEREAS, the Village Council desires to select the Consultant to perform the Services
and authorize the Village Manager to negotiate and execute an agreement, in substantially the form
attached hereto as Exhibit "A," with the Consultant in an amount not to exceed $326,979.90
annually;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:
Page I of2
S e c t io n l . R e ci t a ls . That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2.
Services.
Section 3.
Selection. That the Village Council hereby selects the Consultant for the
Authorization. That the Village Council hereby authorizes the Village
Manager to execute the Agreement, in substantially the form attached hereto as Exhibit "A," in an
amount not to exceed $326,979.90 annually, subject to the final approval of the Village Attorney
as to form, content, and legal sufficiency.
Section 4.
adoption.
Effective Date. That this Resolution shall be effective immediately upon
PASSED and ADOPTED this 14th day of ~M~ar=c~h~----~ 2023.
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC y---.;:____..
~J~
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
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-·
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
BRIGHTVIEW LANDSCAPE SERVICES, INC.
tt.~ THIS AGREEMENT (this "Agreement") is made effective as of the day of
J.d~ , 2023 (the "Effective Date"), by and between the VILLAGE OF
KEY BISAYNE, FLORIDA, a Florida municipal corporation, (the "Village"), and
BRIGHTVIEW LANDSCAPE SERVICES, INC., a Florida for-profit organization (hereinafter,
the "Consultant").
WHEREAS, on December 8, 2022, the Village issued Request for Proposals No. 2022-24
(the "RF P"), which RFP is incorporated herein in its entirety by this reference, for Athletic Field
Maintenance Services (the "Services") at the Village Green, MAST Academy, St. Agnes, Key
Biscayne K-8 School field, Paradise Park, and any other ancillary areas at the provided locations
(the "Locations"); and
WHEREAS, the Services include the maintenance of both natural turf and artificial turf
fields, mowing, aerification, topdressing, fertilizing, irrigation, pest and weed management,
artificial turf rejuvenation, maintenance of the clay baseball/softball infield, all as set forth in
further detail in the Scope of Services attached hereto as Exhibit "A"; and
WHEREAS, the Serv ices shall be perform ed for the locations identified in the Landscape
M aintenance Maps attached hereto as Exhibit "B"; and
WHEREAS, in response to the RF P, the Consultant submitted a proposal to perform the
Serv ices on behalf of the Village, attached hereto as Exhibit "C"; and
WHEREAS, on M arch 14, 2023, the Village Council adopted Resolution No. 2023-15,
selecting the Consultant to pro vide the Services at the Locations; and
WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a
fee for the Services, as set forth in the Rate Schedule attached hereto as Exhibit "D"; and
WHEREAS, the Village desires to engage the Consultant to perform the Services and
provide the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the Village agree as follows:
1. Scope of Services.
1.1. Consultant shall pro vide the Services detailed in the Scope of Services attached hereto as
Exhibit "A" and incorporated herein by reference (the "Services") for the Locations
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identified in the Landscape Maintenance Maps attached hereto as Exhibit "B," m
accordance with the Consultant's Proposal attached hereto as Exhibit "C."
1.2. Consultant shall furn ish all reports, documents, and inform ation obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
"Deliverables") to the Village.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through two (2) years
thereafter, unless earlier term inated in accordance with Paragraph 8. Additionally, the
Village Manager may renew this Agreement for three (3) additional one (1) year periods
on the same term s as set forth herein upon written notice to the Consultant.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the Village Manager.
3. Compensation and Payment.
3.1. Consultant shall be compensated in an amount not to exceed $326,979.90 annually in
accordance with the Rate Schedule attached hereto as Exhibit "D."
3.2. Consultant shall deliver an invoice to Village no more often than once per month detailing
Serv ices completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pur suant to Consultant's invoice, which shall be based upon the
percentage of work completed for each task invoiced. The Village shall pay the Consultant
in accordance with the Fl orida Prompt Payment Act after approval and acceptance of the
Serv ices by the Village Manager.
3.3. Consultant's invoices must contain the following inform ation for prompt payment:
3.3.1. Name and address of the Consultant;
3.3.2. Purchase Order number;
3.3.3. Contract number;
3.3.4. Date of invoice;
3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers
will be rejected);
3.3.6. Name and type of Serv ices;
3.3.7. Timeframe covered by the invoice; and
3.3.8. Total value of invoice.
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Failure to include the above information will result in the delay of payment or rejection of
the invoice. All invoices must be submitted electronically to payables@keybiscayne.fl.gov.
3.4. Liquidated Damages. Upon failure of the Consultant to provide part or all of the Services
required under this Agreement within the timeframes set forth in the Scope of Services
attached hereto as Exhibit "A," the Consultant shall pay to the Village the sum of Two
Hundred Dollars ($200.00) per day until the Consultant fully renders the Services. These
amounts are not penalties but are liquidated damages payable by the Consultant to Village
for the failure to provide the Services required for the Village's parks and athletic fields.
Liquidated damages are hereby fixed and agreed upon between the parties who hereby
acknowledge the difficulty of determining the amount of damages that will be sustained
by Village as a consequence of the Consultant's delay and failure to perform the Services
in a timely manner.
4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the Village Manager, which approval may be granted or withheld in the
Village Manager's sole and absolute discretion.
5. Village's Responsibilities.
5.1. Village shall make available any maps, plans, existmg studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the Village,
and provide criteria requested by Consultant to assist Consultant in performing the
Services.
5.2. Upon Consultant's request, Village shall reasonably cooperate in arranging access to
public information that may be required for Consultant to perform the Services.
6. Consultant's Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant's Deliverables
or Services are incorrect, not properly rendered, defective, or fail to conform to Village
requests, the Consultant shall at Consultant's sole expense, immediately correct its
Deliverables or Services.
6.2. The Consultant 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 applicable to and necessary to perform the
Services for Village as an independent contractor of the Village. Consultant further warrants
and represents that it has the required knowledge, expertise, and experience to perform the
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Services and carry out its obligations under this Agreement in a professional and first class
mann er.
6.3. The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Confli ct ofl nterest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
( developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the Village.
8. T erm ination.
8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar
days' wr itten notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately
stop work on the project unless directed otherwise by the Village Manager.
8.3. In the event of termination by the Village, the Consultant shall be paid for all work
accepted by the Village Manager up to the date of termination, provided that the
Consultant has first complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the Village, in a hard copy and
electronic form at within fourteen (14) days from the date of the written notice of
term ination or the date of expiration of this Agreement.
8.5. Consultant, without cause and without penalty, may terminate this Agreement upon one hundred
and eighty ( 180) calendar days' written notice to the Village.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
Village, naming the Village as an Additional Insured, underwritten by a film rated A-X or
better by A.M. Best and qualified to do business 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 Consultant's insurance and shall not contribute to
the Consultant's insurance. The insurance coverages shall include at a minimum the
amounts set forth in this section and may be increased by the Village as it deems necessary
or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
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Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer's Liability insurance, 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 Consultant shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker's
Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of$1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village,
reflecting the Village as an Additional Insured ( except with respect to Professional
Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days
after award of this Agreement and prior to the execution of this Agreement by Village and
prior to commencing Services. Each certificate shall include no less than (30) thirty-day
advance written notice to Village prior to cancellation, termination, or material alteration
of said policies or insurance. The Consultant 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 inspect and
return 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
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 cancelled or restricted. Acceptance of the Certificate(s) is subject to approval
of the Village.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's
Compensation Insurance, 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 Consultant in performance of this Agreement. The Consultant's insurance,
including that applicable to the Village as an Additional Insured, shall apply on a primary
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basis and any other insurance maintained by the Village shall be in excess of and shall not
contribute to the Consultant's insurance. The Consultant'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 (for applicable
policies) in the same manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the Village. The Consultant shall be responsible for the payment
of any deductible or self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and will abide by all Federal and State laws regarding
nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. 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.
11.2. 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.
12. Indemnification.
12.1. Consultant shall 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 from Consultant's performance or non
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant 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 from Consultant's performance
or non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the
Village nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The Village is
subject to section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
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13. Notices/Authorized Representatives. 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 addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. 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.
15.2. No agent, employee, or other representative of either party is empowered to modify
or amend the term s of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1. Consultant ackn owledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the Village which are conceived, developed or made by Consultant during the term of this
Agreement ("Work Product") belong to the Village. Consultant shall promptly disclose
such Work Product to the Village and perform all actions reasonably requested by the
Village (whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignm ents, powers of attorney and other
instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant's possession
or control in connection with Consultant's performance under this Agreement. The Village
Manager or her 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 Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the Village.
16.3. Upon request from the Village's custodian of public records, Consultant shall
provide the Village with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided by Chapter 119, Florida Statutes, or as otherw ise provided by law.
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16.4. Unless otherw ise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the Village.
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the Village Manager, at no cost to the Village,
within seven (7) days. All such records stored electronically by Consultant shall be
delivered to the Village in a format that is compatible with the Village's information
technology systems. Once the public records have been delivered upon completion or
term ination of this Agreement, the Consultant shall destroy any and all duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are received
as provided herein.
16.7. Consultant's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the Village.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
CONSUL TANT HAS QUESTIONS RE GARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RE CORD S RE LATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RE CORD S.
Custodian of Records: Jocelyn B. Koch
Mailing address: 88 W est M cIntyre Street
Key Biscayne, FL 33149
Telephone number: 305-365-5506
Email: jkoch@keybiscayne.fl.gov
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the Village Manager. The Village is relying upon the apparent
qualifications and expertise of the Consultant, and such firm's familiarity with the Village's
area, circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenfo rceable, 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 perm itted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the Village with respect
to all of the acts and services performed by and under the terms of this Agreement. This
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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.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
20.1. Shannon Melindi Act.
The Consultant shall comply with Article II, "The Shannon Melindi Act," of Chapter
26 of the Miami-Dade County Code of Ordinances throughout the term of this
Agreement if applicable. If the Shannon Melindi Act is applicable, the Consultant shall
ensure that all employees and subconsultants providing the Services at the Village's
parks:
20.1.1. Have had nationwide level 2 criminal background checks conducted by a
Professional Background Screener.
20.1.2. Have been screened through the Florida Department of Law Enforcement Sexual
Predator/Offender Database, and a check of the National Sex Offender Public
Registry.
20.1.3. Have been verified as being United States Citizens or having legal imm igrant status
employment.
20.1.4. Complete an affidavit affirming that no Services or volunteer duties will be
performed on Park property owned or operated by the Village in violation of this
Ordinance and that an arrest will be reported to the Consultant within forty-eight ( 48)
hours of such arrest.
20.1.5. W ear picture identification at all times while on Village property and when in direct
contact with patrons and the general public.
20.1.6. Retain all records demonstrating compliance with the background screening
required herein for not less than three (3) years beyond the end of the contract term.
The Consultant shall provide the County with access to these records annually, or at
the request of the County.
21. W aiver. The failure of either party to this Agreement to object to or to take affi rmative 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.
22. Survival of Provisions. 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,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, 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 Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
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24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. 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.
26. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base
Agreement." In the event of a conflict between the terms of this Base Agreement and any
exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict
shall be resolved in the following order of priorities and the more stringent criteria for
performance of the Services shall apply:
26.1. First Priority: this Base Agreement;
26.2. Second Priority: RFP # 2022-24;
26.3. Third Priority: Exhibit A - Scope of Services;
26.4. Fourth Priority: Exhibit B - Landscape Maintenance Maps
26.5. Fifth Priority: Exhibit D-Rate Schedule; and
26.6. Sixth Priority: Exhibit C - Consultant's Proposal.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires
all contractors doing business with the Village to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The Village will not enter
into a contract unless each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity's participation/enrollment in E-Verify, please
visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment
in-e-verify. By entering into this Agreement, the Consultant acknowledges that it has read
Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by
Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits
from subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
[Remainder of page intentionally left blank. Signature pages follow.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year as first stated above.
VILLAGE OF KEY BISCAYNE CONSULTANT
Attest:
C;L ;/ d- ------
By:--------------
Name: _C _h_a_rl_e_s_G_o_n_z_a_le_z _
Title: __ s_r_V_i_c_e_P_r_e_s_id_e_n_t _
Entity: BrightView Landscape Services, Inc.
Appro ved as to form and legal sufficiency:
~DocuSigned by: By:~=~E:~=~
W eiss Serota Helfman Cole & Bierman, P.L.
Village Attorney
Addresses for Notice:
Village of Key Biscayne
Attn: Village Manager
88 West McIntyr e Street
Key Biscayne, FL 33149
305-365-5514 (telephone)
305-365-8936 (facsimile)
swilliamson@keybiscayne.fl.gov ( email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P .L.
Attn: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
cfriedman@ wsh-law.com (email)
Addresses for Notice:
__________ (telephone)
___________ (facsimile)
___________ (email)
With a copy to:
__________ (telephone)
__________ (facsimile)
___________ (email)
Contract No. 2023-15 Page 11 of 11
D o cuS ig n E nve lo p e ID : 36 8 5 11 C 8 -9 E 3 1-4 F C C -9 B E E -C 8 40 C F4 4 94 8 5
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing
business with the Village to register with and use the E-Verify system to verify the work
authorization status of all newly hired employees. The Village will not enter into a contract unless
each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to pro vide proof of the contracting entity's participation/enrollment in E-Verify, please visit:
https://ww w.e-verify.gov/fag/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
!YI' Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
c~L .::Z 4- .-----·
Witness
W itness ame: Jeremy Cruz
Print Name: Charles Gonzalez
Title: Sr Vice President
Entity Name: BrightView Landscape Services, Inc.
State of Florida
County of M ia m i-D a d e
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me by means of e9 physical presence or !
online notarization, this~ day of April , 2023 , by Charles Gonzalez
______ (name of person) as S r V ice P resid e nt (type of authority) for
B rig htV ie w La nd sca pe S e rv ices, In c. (name of party on behalf of whom instrument is executed).
YAHJANIE BALLESTERO.,
tlf COMUl8810N t HH 342'485
EXPIAES: Fttilully2, 2027
"ype as
__ "_Personally kn own to me; or
___ Produced identification (Type of Identification: )
___ Did take an oath; or
Did not take an oath ---
Nata
Commissioned)