Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Res 31-15
RESOLUTION NO, 31-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA, APPROVING THE RENEWAL OF CONTRACT #2013-16 WITH ELEVB SPORTS INSTITUTE INC. FOR POMPEY PARK BASEBALL FIELD 1AAINTENANCE; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 8, 2013, pursuant to Bid Award #2013-16, the City entered into a contract with ELEVB Sports Institute Inc. ("contract") to provide baseball held maintenance at Potripey Park at a rate of$38,400.00 annually;and WHEREAS, the contract provided for a term of one (1) year, with tcvo (2) consecutive one (1) year extensions at the discretion of the City Manager.;and WHEREAS, the contract initially expired on or about Januat-y 29, 2014; and WHEREAS, by letter dated December 10, 2013, the City Manager exercised the right to extend the contract fora one (1) year period from February 1, 2014 through January 31, 2015; and WHEREAS, pursuant to the tetras of the contract; the City Manager was authorized to extend the contract for one (1) additional, final year from February 1, 2014 thtough January 31, 2016; and WHEREAS, dv_ough inadvertence, the City failed to extend the term of the contract prior to its expitation on January 31, 2015; and WHEREAS, Cir staff reports that ELEVB Sports Institute Inc. has performed well under the terms of � P the contract; and WHEREAS, prior to the contract's inadvertent expiration, City staff planned to competitively procure the services for baseball field maintenance at Pompey Park to begin after January 31, 2016;and WHEREAS, baseball field maintenance must be performed at Pompey Park until such tune that any competitive procuteinent for the services is complete, and it is in the City's interest to have familiarity and continuity of service until such time as the con-ipetitive procurement process is complete; and WHEREAS, City staff requests that the City Manager be authorized to enter into a new contract with ELEVB Sports Institute Inc. at the same terins and conditions of Bid Award 92013-16, for a term to retroactively begin on February 1, 2015 and to expire at 11:59 PM on January 31, 2016, as was intended by the i City Coinn ission's approval of the contract extension terans of the originally approved Bid Award #2103-16; and WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method of the Written Quotation Method where the City Conm-fission declares by at least a fourfifth (4/5) affirmative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. i Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four- fifths affirinative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that a one (1) year contract with ELEV8 Sports Institute Inc. for Pompey Park baseball field maintenance in the annual amount of $35,400.00, for a term to commence retroactively on February 1, 2015 and to expire at 11:59 PM on January 31, 2016, is ill die- best iebest interest of the City. The City Coi-w- fission authorizes the City Manager to execute said contract. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution_ Section 4. This Resolution shall take effect itniliediately*upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the 2e day of IVlay, 2015. 1\1AY0R ATTEST: City Clerk 2 Res No. 31-15 512812015 Coversheet • MEMORANDUM TO: Mayor and City Commissioners FROM: Suzanne F. Davis, CPRP, Parks and Recreation Director THROUGH: Donald B. Cooper, City Manager DATE: May 1, 2015 SUBJECT: AGENDA ITEM 9.1. - REGULAR COMMISSION MEETING OF MAY 20. 2015 RESOLUTION NO. 31-15: BEST INTEREST RESOLUTION ELEV8 SPORTS INSTITUTE INC. FIELD MAINTENANCE OF POMPEY PARK BACKGROUND Parks and Recreation recommends approval of Best Interest Resolution 31-15 for ELEV8 to continue maintenance at the City's baseball fields. On January 8, 2013, pursuant to Bid Award #2013-16, the City entered into a contract with ELEV8 Sports Institute Inc. to provide baseball field maintenance at Pompey Park at a rate of $38,400.00 annually. The contract provided for a term of one (1) year, with two (2) consecutive one (1) year extensions at the discretion of the City Manager. The contract initially expired on or about January 29, 2014 and, by letter dated December 10, 2013, the City Manager exercised the right to extend the contract for a one (1) year period from February 1 , 2014 through January 31, 2015. Pursuant to the terms of the contract, the City Manager was authorized to extend the contract for one (1) additional, final year from February 1 , 2014 through January 31 , 2016, however, through inadvertence, the City failed to extend the term of the contract prior to its expiration on January 31, 2015. The City plans to competitively procure the services for baseball field maintenance at Pompey Park to after January 31 , 2016. Baseball field maintenance is essential at Pompey Park until such time that any competitive procurement for the services is complete. Parks and Recreation feels that it is in the City's best interest to have familiarity and continuity of service until such time as the competitive procurement process is complete. City staff requests that the City Manager be authorized to enter into a new contract with ELEV8 Sports Institute Inc. at the same terms and conditions of Bid Award #2013-16, for a term to retroactively begin on February 1 , 2015 and to expire on January 31, 2016, as was intended by the City Commission's approval of the contract extension terms of the originally approved Bid Award #2103-16. http:l/agendas.mydelraybeach.com/BIuesheet.aspx?ItemI D=9150&Meetin9ID=599 112 51'2812015 Coversheet DISCUSSION It is staff's intention to competitively bid the ball field maintenance of Pompey Park at the expiration of this contract, January 2016 in preparation for the 2016 Little League season. TIMING OF THE REQUEST This request is time sensitive as parks maintenance has been performing these tasks since February 2015. Unfortunately they are not able to continue these additional duties as the year progresses and grass/maintenance of parks increases significantly due to weather and turf growth. FUNDING SOURCE Funding is available and budgeted in account# 001-4131-572-34.90 (Parks Maintenance) RECOMMENDATION Parks and Recreation recommends approval of Best Interest Resolution 31-15 for ELEV8 to continue maintenance at the City's baseball fields until January 31 , 2016. http:l/agendas.mydelraybeach.com/BIuesheet.aspx?ItemI D=9150&Meetin9ID=599 212 RESOLUTION NO. 31-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE RENEWAL OF CONTRACT #2013-16 WITH ELEV8 SPORTS INSTITUTE INC. FOR POMPEY PARK BASEBALL FIELD MAINTENANCE; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 8, 2013, pursuant to Bid Award #2013-16, the City entered into a contract with ELEV8 Sports Institute Inc. ("contract") to provide baseball field maintenance at Pompey Park at a rate of$38,400.00 annually;and WHEREAS, the contract provided for a term of one (1) year, with two (2) consecutive one (1) year extensions at the discretion of the City Manager; and WHEREAS, the contract initially expired on or about January 29, 2014;and WHEREAS, by letter dated December 10, 2013, the City Manager exercised the right to extend the contract for a one (1) year period from February 1, 2014 through January 31, 2015; and WHEREAS, pursuant to the terms of the contract, the City Manager was authorized to extend the contract for one (1) additional, final year from February 1, 2014 through January 31, 2016;and WHEREAS, through inadvertence, the City failed to extend the term of the contract prior to its expiration on January 31, 2015; and WHEREAS, City staff reports that ELEV8 Sports Institute Inc. has performed well under the terms of the contract;and WHEREAS, prior to the contract's inadvertent expiration, City staff planned to competitively procure the services for baseball field maintenance at Pompey Park to begin after January 31, 2016;and WHEREAS, baseball field maintenance must be performed at Pompey Park until such time that any competitive procurement for the services is complete, and it is in the City's interest to have familiarity and continuity of service until such time as the competitive procurement process is complete;and WHEREAS, City staff requests that the City Manager be authorized to enter into a new contract with ELEV8 Sports Institute Inc. at the same terms and conditions of Bid Award #2013-16, for a term to retroactively begin on February 1, 2015 and to expire at 11:59 PM on January 31, 2016, as was intended by the City Commission's approval of the contract extension terms of the originally approved Bid Award #2103-16; and WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotation Method where the City Commission declares by at least a four-fifth (4/5) affirmative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four- fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that a one (1) year contract with ELEV8 Sports Institute Inc. for Pompey Park baseball field maintenance in the annual amount of $38,400.00, for a term to commence retroactively on February 1, 2015 and to expire at 11:59 PM on January 31, 2016, is in the best interest of the City. The City Commission authorizes the City Manager to execute said contract. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of . 2015. MAYOR ATTEST: City Clerk vi CITY OF DELRAY BEACH 100 NW 1s`AVENUE,DELR.AY BEACH,Fl,33444 BID No. 2013 - 16 POMPE PARD-THREE 31 BASEBALL FIELDS MAINTENANCE ANNUAL CONTRACT RE-ISSUED MAYOR - NELSON S.McDUFFIE VICE MAYOR -THOMAS CARNEY DEPUTY VICE MAYOR -ADAM FRANKEL COMMISSIONER -ANGELETA GRAY , COMMISSIONER -AL JACQUET CITY MANAGER -DAVID HARDEN A� Purchasing Division♦Finance Department♦(561)243-7161♦Fax(561)243-7166 CltTY OF DELI BEACH INVITATION TO BID Bich Pic. 2013-16 -- --Pompey dark (3� Baseball FAds Maintenance Annual' Canti°act RE-ISSUED Fable of Contents Invitation to Bid 1 General Conditions,Enstructions and Information 2-6 Indemnity/Hold Harmless Agreement 7 Cone of Silence 8 Insurance Requirements 9 Insurance Farm Samples 10 Standard Forts of Agreemetn$ 11-25 Corporate Acknowledgment 16 Certificate (if Corporation) 17 Surety Performance and Payment Bond 18-19 Specifications I Special Conditions 20-22 Special Conditions 23-25 Schedure of Pricing 26 Drug Free Worlxpiace Certification 27 References 28 List of Vendors Equipment 29 Bid Signature !Form gp Chech List 31 Statement of Mo Bid 32 Attachment`A" - Previous Bial Tabulation Bid#2013-02 33 Bid No.2013-16 Landscape Maintenance Pompey Farm Three(3)Baseball Fields _ 0 CITY OF DELRAY BEACH PURCHASING OFFICE 100 N.W. 1 st AVENUE DELRAY BEACH, FL 33444 (561)243-716117163 Fax: (561) 243-7165 BID No: 2013-16 DATE: October 10,_2012 TITLE: Pompey Park 3 Baseball Fields Maintenance Annual Contract— Ike-issued BIDS MUST BE RECEIVED ON OR BEFORE: Tuesday, November 13, 2012 @ 11:00 A.M., at which time all bids will be publicly opened and read. This Invitation to Bid, General Conditions, instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. A MANDATORY PRE-BID CONFERENCE has been scheduled for Tuesday, October 23, 2012 @ 11:00 A.M., located at City Hall — 15t Floor Conference Room 100 N.W. 15'Avenue Delray Beach FL 33444. All interested bidders are required to attend and be prepared to ask questions. Bidders' failure to attend Pre- Bid Conference will result in rejection of bid. Bidders' failure to sign-in within ten (10)_minutes of the scheduled conference state time will result in rejection of the Bidders bid. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach; Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER_TITLE,AND DATE OF BID OPENING OPENING. it is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) ORIGINAL AND ONE (1) COPY OF REQUIRED BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. Copies of the specifications may be downloaded from www.Demand Star.corn, phone (80D) 711-1712, or may be obtained in hard copy from the Purchasing Office, City Hall,100 N.W. 1 Avenue, Delray Beach, Florida; 33344. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. All servicelwork performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of the Purchasing Division, 100 N.W. 1" Avenue Delray Beach, Florida, 33444. Call Purchasing at 561-243-7161 for information. **The City of Delray Beach. Florida reserves the right to accept and/or reject any and all proposals, to waive informalities, to re-advertise and to award the Contract in its best interest. Each bid must be accompanied by a certified check drawn upon any State or National Bank of Florida, cashier's check drawn upon any State or National Bank of Florida or an acceptable surety performance bond in an amount not less than five percent (5%) of the base bid, as guarantee that the BIDDER will not withdraw from the competition after the opening the bids and, if written notice is given of such award, enter into a written Contract with the City of Delray Beach, Florida, in accordance with the written Proposal. Should the successful BIDDER fail to enter into a Contract, the check or bid bond shall be forfeited as liquidated damages. Bid No. 2013-16 Landscape Maintenance Pompey Park Three (3)Baseball Fields 1. SUBMISSION AND RECEIPT OF BIDS: A Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any dir>counts to be considered in the bid evaluation in the unit prices bid. 4. DELiVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this hid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 5. BRAND NAidEES: If and whenever in time specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. Bid No, 2013-16 Landscape Maintenance Pompey Park Three(3)Baseball Fieids 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. a. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation, 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida state Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations, The awarded bidder shall also secure the work site before ieaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. Bid No. 2013-16 Landscape Maintenance Pompey Park Three(3)Baseball Fields 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: k PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice to Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See page eight (9) for Insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the matehai/service from use as specified will not relieve the bidder from responsibility. C. The issuance of an addendum(s) is the only official method whereby interpretation, clarification, changes or additional information is provided by the City. It shall be the sole responsibility of each bidder, during and prior to Bid submittal to determine if addendum(s) were issued to any particular ITB and to obtain a copy of said addendum(s) from dernandstar.coEn or by contacting the Purchasing Department @ (561) 243-7161 or 7163. NOTE: The City will make every effort to notify registered bidders by email that an addendum has been made to the Bid. The City shall not be responsible for providing notice of addenda to potential bidders who received a Bid package from other sources. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price, Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. Bid 2vo,2013-16 Landscape Maintenance Pampey Park Three(3)Baseball Fields 19_ EXCEPTIONS TO CONDITIONS: Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, TWO (2) consecutive term(s) of ONE (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI-COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B, No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B, The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach, further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for empioyment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 24. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, suppiier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Bid No.2413-16 Landscape Maintenance Pompey Park Three(a)BasebaE Fields 25. BED PROTEST:. The time limit for filing a protest is five (5) calendar days from the date bid results become public information. A protest will only be considered to have merit if it can be proven that an action or lack of action, by the City gave a bidder an unfair competitive advantage. In order to be considered, protest concerning the bid, RFP or RFQ solicitation or award must be filed in writing with the Purchasing Officer and may only be filed by the bidders who may be aggrieved the solicitation or award. Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 1Avenue Delray Beach, FL 33444 Bid No, 2013-16 Landscape Maintenance—Pompey Park Three(3)Baseball Fieids 6 Contractor shall, in addition to any other obligation tc indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Defray Beach, its officials, and. employees, from and against all claims, actions, liabilities, fosses (including economic losses), and costs arising out of any bodi}y injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone -directly or indirectly employed by any of them, The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's Name v 5i nature r g CLG� Bid No. ?01S-16 Landscape Maintenance—Pompey Parl_ T hTee (3)Baseball Fieids COME OF SILENCE ----� Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a "Cone of Silence". The "Cone of Silence" is in effect from the date/time that the bid is placed on "Demandstar" by the City, The "Cone of Silence"wi terminate upon the bid opening. However, bidders may communicate with City employees who are present at the mandatory pre-bid meeting during the actual pre-bid meeting. Once_the-pre-bid meeting is over, bidders may only communicate with employees of the Purchasing Division. Contractor's dame wi c r tore Biel Ne. 201=-16 Landscape ?Maintenance--Pompe` Part:Tree (3)BasebaE Fields HNSURMNCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except. as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liabifity with a limit of$100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy-Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will inciude the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Cefification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". Bid No. 2013-16 Landscape Maintenance Pompey Park Tb-ee (')Baseball Fields 9 Attachment I, i of 3 ACORD, CERTIFICATE OF LIABILITY INSURANCE PIS�kYPJi MS.CERTIFICATE IS MSUED AS A MATTER OF INPORMAT104 ONLY AND CONFERS NO MHTs UPON THE GER11FICATE Good Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOF. A-1 ALTER THE COVERAGE AFFORDED BY TW POLICIES BELaw. Best City, USA 00000 INSURFRSAFFORDING GGYERAGE NAICf- a+�uas, 3NSURERA: Willing Workers Assoc, �Nw3Eas ABC Drive �suRCRc Anytown, LISA 00001 slstireEazD: GCWERAGES THE POLICL'S OF!NSL;RX4CE IJWrEO BELOW HAWE BEEN ISSUED TO VMR�D K MIM-ABOVE FOR THE POLICY PERIOD INDICATED.NOTWURSC-ANDlNG ;4M'RF LREMENT,TFRM OR COQ 014 OF ANY CONTRACT OR OTHER DOCUMENT Mr.1 RESPECT TD WHICH TMS CESTrFI ATE L 4Y BE ISSUF_i}DR MAY P�ZTAIN.THE INSURANCE AFFORDED BY THE POUCICS DESCRIBED HERON IS SUBJECT TO ALLTHETER145,EXCLUSk]NS AND CONNMWS OF SUCH K JGAE5.AGGREG&reLMTS SHOWN 0AYHAVE SES.'REM)C:EDBYPAZ C1AIMS- Msik POUGY"ISM PDLJCY EFFE73T7E f'OCfOY EXPUrkTDN LIFRYS GaiERAL LEkBNJTY EACA or E S500,000 A �we�RcaALueHERALZLAaurY GLP077604 orl/01/10 01/01/11 P wsFs x - GLARAS�AAOE �4CCCr2 kI=DE76+(Aicyu�a� x PERSONA�.4AM MTURY S GSJiERALAGGREGATE GEWLXCCFZ-SATElhjtTAPF-Lr:SpER, PROGU4lS-CDza�am ACG S Poucrmz LOC AOTOTiO61LELvkBLFiT' GrJA{fl1NEOSRwC,..EUktl'f 4 X ANYAIJTC AL-P077606 01/01./lO 01/01/11AUOMFDAMOS '"c§tle� x 30©�OtlO 5GD0.Y IKfJRY x atr�us�o AuroS S�F�9 ri wLrr[zs 3=F rMEW ti7reSYNFi�ASliDS IF'era�mW 6 FROPEkTY0ASEAGE = j D�OEL1A67STY - .. AAFTCtOF[Lr-E'sA AY77OEZTdTT x ARIT AkriY7 .OTHE;I2MOV EkK-- S NSFOOKM ACG S FSCESB>OI FUAUABASTY . . E&CHCOCURRENCE S MOUR ❑MA%d*wAM AGIZ;3iEGATE S S frrsi= _ x WOMERGCONPEMATfau AND kaGSFhTt/ OrlS- B Eu"LCyEJwLwzt.TM WL?077606 03/01/10 03/01/11 e,,,,uA:.a. x 100,000 Mir FR9PRrETDRr?ARTN OFFi�FR/kt ExouSOFD2 FF.nrsExsE-EA E7.1 x 100,000 xs�r``=coni°r rzxvvl"sr`artsw�. nsP�st-eoucruracr t 500 000 DrNEa oG6�kP4KiYRFPPFRA ratLacA'nO�rvEsu�.Xs7 E=LUS WS ADD=arZNDORSE31ENrf8PE=ALPRO==91 THIS INSURANCE AFPLICZ-3LE TO (state project) *CITY OF DELRAY BL CH IS ADDITIONLL IRSITRED - see attached endorsement. CERTIFICATE HOLDER CANCELLATION SSlOOLp AltY4FTtIEABE3IF DE3�kIe=..D PS7LtIE�ac`GJi:=EL"=_O 9�OR€TnE E)wctvATT;1;{ CITY 017 DELRAT BEACH.: DATE THEREOF.THE auuv:0-KKAMK wML ERDEAVm TO kw_ 30 oars wwroz 100 .N W 1st AVEi3U E Ron Yc�xE ien�TurExo t wArA��m n�Le z.svrFAc�eRE ro Oo s:w� DELRAY BEACH, PL 33444 Vw'o---No DBLIGA'HOX OR uraE=OF AKr MNU IPDN zr.INGURErt rfa Aurum OR t�gkESE�rTATtvtnt AISTllGNiFCr-II RS'RE6_fICA`(iYE 4 AC-ORD 25;20CIMSbj ACORc?C�ORPDRATION 1886 Bid No.2013-16 Landscape MainterLance Pompey Park Three (3)Baseball Fields STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of JCL"_Ua_( 20_L3, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and ELEV8 Sports Institute (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1 . The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1 General Conditions, Instructions and Information 2 -6 IndemnitylHald Harmless Agreement 7 Cone of Silence 8 Insurance Requirements 9 Insurance form Samples 10 Standard Form of Agreement 11-15 Corporate Acknowledgment 16 Certificate (If Corporation) 17 Surety Performance and Payment Bond 18-19 Specifications 20-22 Landscape Maintenance Functions and Task 23-25 Schedule of Pricing 26 Drug Free Work Place Certification 27 References 28 List of Vendors Equipment 29 Bid Signature Form 30 Check List 31 Statement of No Bid 32 Attachment"A" 33 Bid No. 2013-16 Landscape Maintenance—Pompey Park Three(3) Baseball Fields Addenda numbers to inclusive; and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City; City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY, 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmiess the CITY, its officers, agents Bid No. 2013-16 Landscape Maintenance--Pompe��Park Three(33)Baseball Fields and employees, from or on account of any liabilities, damages; losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. Bid No. 201--16 Laindscape Wiaintamance Pompe` Park Tbree(3)Baseba2 Fields The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. f=urthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11 . The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No. 2013-16 Landscape Maintenance Pompey Park T7aree(3)Baseball Fields IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTE T: CITY OF DELRAY BEACH, FLOR A eI 1 jo By: Oierk . LfkA'1� Mayor Approved as to form: City Attorney WITNESS- ONT CTOR: V r - t BY: �� I sI(A (Print or type nam nd title) (Print or type name and title) (SEAL) Bid No, 20TS-16 Landscape Maintenance Pompey Park Tbree(_) Basel all Fields CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of 7? o(A_p 1 The foregoing instrument was ackno ledged before me this L`"L day of 20 by AWO—ikkI (name of officer or agent, title of officer or agent), of � -o -e, (state or place of incorporation) corporation, on behalf of the corporation- He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment 9 v A VA A&W-5 00U9P)3(--.l Name of Acknowledges Typed, Printed or Stamped Sarah Adams Campbell �amrs�issian'+f 1`;�r:i t;97 z t'i,'�'�- " 2"' Expires: 1••••• ' ATLANTIC BOND'tiG c(1,U'C. BONDED TIOU ATLANTI aid'io. 201_-15 Landscape Maintenance—Pompe- Park T`nrUe (3)Baseball Field, CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) ERY C 'IF that a meeting of the Board of Directors ofj a corporation under the laws of the State of held on�um W_— �R%y1, 20t; he following resolution was fily passed and adopted: 1 Orrl%"RESOLVED", that 1 as of the cor oration, he/she is hereby authorized to execute the Agreement dated 20between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of 20 (Secy ry) (Seal) Bid No. 2013-I6 Landscape Mainie oce Pompv3 Park T"nree (3)Baseball Fields CITY OF DELRAY BEACH INVITATION TO BID Bid No. 2013-16 Pompey Park �3) Baseball FieRds Maintenance Annuil Cnutract RE-ISSUED Bankof America Cashier's Check No. 87083 39 ,NO tl-LO o 9-It�n", ed utith 46 days.: ;Date r Sp" PY gotri LACenter 61090 00 0 5AM A WTVINSTITUTS INC., ob ar 0 a- �eryfitter(Purchased By .**•1.920r. y*ONE,'THOUSAND NINE RUNURED TWENTY`DOLLARS AHD 06 7 TO ThetYC Order GF DURAT:B.8ACH2.* Of Autho6zeci Sigfiamrc Rank DfAmeric.N.A. VOYD AETFR 00 JDAYS 4'ntunio'Texas 'i'8 708 3 3911' is 11 40000 19D: 00 16 1, 100 206 2 P THE ORIGINAL DOCUMENT HAS REFLECTIVE WATERNLARK ON THE BACK THE ORIGINAL DOCUMENT HAS REFLECTIVE WATERMARK ON THE BACK 09RETY PERFORMAME AND PA EW MOM Bond No: By this Bond, We as Principal, whose principal business address and phone number are , as Contractor under the contract dated 20 between Principal and the City of Delray Beach, whose principal address and phone number are for the construction of Project No. , more particularly described as and located at (hereinafter referred to as "Contract") the terms of which Contract are. Incorporated by reference in its entirety into this Bond and as Surety, whose principal business address and telephone number are the sum of(U.S. dollars) $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns,jointly and severally. THE CONDITION OF THIS BOND is that Principal: 1. Performs all the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made a part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and all damages for delay; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1) Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and 3. Pays City all fosses, damages, including damages for delay, expenses, costs and attorney's fees, including appellate proceedings, that City sustains because of a default by Principal under the Contract, including but not Limited to a failure to honor alf guarantees and warranties or to cure latent defects in its work or materials within 5 years after completion of the work under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the Contract, including all warranties and curing all latent defects within 5 years after completion of the work under the Contract, then this bond is void; otherwise it remains in full force. In the event that Principal shall fail to comply fully with, carry out and perforin the terms and conditions of the Contract the Surety, following receipt of a written demand by the Obligee to correct Principal's default(s), and having failed to correct such default (s) within a reasonable time , shall be deemed to be in default fifteen days after receipt of an additional written demand by the Obligee to correct the Principal's default, and the.Obligee shall be entitled to enforce any remedy against Surety available to the Obligee including, but not limited to recovery of damages for the Suretys delay, if no specific periods of warranty are stated in the Contract for any particular item or work, material or equipment, the warranty shall be deemed to be a period of one (1) year from the date of final acceptance by the City. This Bond does not limit the City's ability to pursue suits directly with the Principal seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations found in Section 95.1 1(3)(c). Florida Statutes. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Bid No. 2013-15 Landscape Maintenance--Pompey Park Three(3)Baseball Fields IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the_day of 20_ CONTRACTOR (Contractor Name) BY. (President) (Managing Partner or Joint Venturer) (S EAL) COUNTERSIGNED BY RESIDENT SURETY: FLORIDA AGENT OF SURETY: Name: (Copy of Agent's current Identification Card as issued by State of Florida Insurance Commissioner must be By: Attached) Name Attorney-in-Fact (CORPORATE SEAL) Bid No. 2413-16 Landscape Maintenance Pompey Park Three(3)Baseball Fields 19 91TY OF DELRAY BEACH SPECIFICATIONS Pompey Park Three (3) Baseball f=ields Maintenance Annual Contract A. PURPOSE: The purpose of this Bid is to establish an open-end Contract to provide the best quality landscape maintenance service available at the most economical price. Service and good workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described therein. B. NOTICE OF AWARD: It is and shall be understood and agreed that Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent, and purchase order shall be issued to the Bidder covering same, Contract shall be awarded to the Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current clients. Reference check, review of equipment, examination of financial stability, and personal interview will be considered together with price in the contract award. C. CONTRACT AREAS?AND LOCATION: Pompey Park, three (3) baseball fieids, located at 1101 N.W. 2nd Street, Delray Beach, Florida. Approximately three (3) acres to be maintained. Bidders are responsible for visiting site, and determining exact dimensions and size. D. FIRM PRICE: The City requires a firm price for the Contract period. F. CONTRACT TERM: Terra of contract shall be one (1) year from award of contract, on/or about November 1, 2012 and expiring one year later. The City Manager may renew the contract, at the same terms, conditions, and price(s) for two (2) consecutive terms of one (1) year per paragraph #20 of General Conditions of this bid. F. MARKET CONDITIONS: The City reserves the right to purchase on the open market should lower market prices prevail, at which time the seller shall have the option of meeting the lower price or relieve the City of any obligation previously understood. G. ORDER PLACEMENT: After the award of contract to the successful bidder, the City reserves the the right to utilize either of the following order placement methods: (a) Purchase order will be issued to the successful bidder throughout the contract period on an as- needed, when-needed, where-needed basis. Vendor must note the name of person placing order on delivery ticket. Or (b) A blanket (open) purchase order will be issued to successful bidder for the City's anticipated annual dollar volume. Releases for partial delivery of services will be made against said blanket order. Vendor must note name of person piacing order on delivery ticket. H. PERFORMANCE: It is the intention of the City of Delray Beach to purchase landscape maintenance services as specified herein from a source of supply that will give prompt and convenient service_ Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting Contract immediately upon notice by the City. Bid No. 2013-16 Landscape Maintenance—Pompey Park Three(3) Baseball Fields I. PERFORMANCE PROBATION PERIOD: The successful awardee will immediately enter into a three (3) month probationary period upon contract award. During this time the awardees' performance will be closely scrutinized by City staff. If the awardees' performance fails to consistently meet the standards specified within the bid, his contract will be promptly cancelled. If his performance is acceptable, then he will be also notified and the contract will extend through the expiration date given in this bid, The City has the right to terminate the contract during the probationary period with or without cause, and this right shall be solely at the discretion of the City. J. ALTERNATES: For purpose of Bid evaluation, Bidders) must indicate any variances to the specifications, terms and conditions, no matter how slight. If variations are not stated in the Proposal, it shall be construed that the Bid fully complies with the specifications, terms and conditions as stated. K. BACKGROUND INFORMATION: The City reserves the right, before awarding the Contract, to require a Bidder to submit such evidence of his qualifications, as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City. NOTE: For this bid vendor must attach to his bid an accurate, up-to-date listing of his current maintenance equipment, including brands and model numbers. The City also requires a listing of commercial as well as residential accounts, including main contact person and phone number. This information will be considered in the contract award review. FAILURE TO INCLUDE ALL DATA NOTED ABOVE WITH THE BID MAY ELIMINATE YOUR COMPANY FROM THE BIDDING PROCESS; PRIOR SUBMITTALS WILL NOT BE ACCEPTED. City reserves the right to inspect all maintenance equipment prior to contract award and to request your most recent corporate financial statement for review. L. COMPETENCY OF BIDDERS: Pre-award inspection of the Bidders facility and/or a personal interview of up to three finalists may be made by designated City personnel prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Biel Invitation and who can produce evidence that they have established a satisfactory record of performance for a reasonable period of time; have sufficient financial support, and equipment and organization, to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the City. M. DEFAULT OF CONTRACT: The City may, by written notice to the successful bidder, terminate the Contract if the bidder has been found to have failed to perform his services in a manner satisfactory to the City as per specifications. The date of termination shall be stated in the notice. City shall be sole judge of nan-performance. N. REJECTION OF IRREGULAR PROPOSALS: Bids which contain any alteration, addition, condition, [imitation, unauthorized alternates or show irregularities of any kind may be rejected by the City as non- responsive or irregular. The City reserves the right to waive any irregularities, technicalities or informalities in any bid and to reject any or all bids. O. TRANSFER PROHIBITED: The successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of this Contract, or of any or all of his or its rights, title or interest herein, or his or its power to execute such Contract to any person, company or corporation, without prior written consent of the City. In the event that the successful Bidder does not hold a commercial pesticide applicators license, the successful bidder may contract with a qualified firm to perform the chemical applications. In this event, the successful Bidder shall notify the City of this intent and PRICES FOR THE WORK MUST BE LISTED IN THE BID. The bidder must extend those services for the duration of the contract for the prices quoted. NOTE: THIS PROHIBITION APPLIES SPECIFICALLY TO MOWING OR EDGING SERVICES. P. DEFAULT ON PRIOR CONTRACTS: No proposal will be accepted from, nor will any Contract be awarded to, any person or firm which is in arrears to the City upon any debt or Contract, or which is a defaulter as surety or otherwise upon any obligation to the City, or who has failed to perform faithfully any previous Contract with the City.. Q. CAPAG[TY: Vendors must have the capability to perform contracted maintenance on a timely basis and with proper equipment and supervision. Vendor must adhere to maintenance procedures and schedules as set forth in the conditions and specifications. Failure to do so shall result in Contract cancellation. Bid No. 2013-16 Landscape Mainte-nance—Pompey Park Three(3)Baseball Fields R. BID QUOTATION SUBMITTALS: All Bids must be submitted on the attached "Bid Form". VENDORS MUST BID ON ALL AREAS. S. INFORMATION: For information regarding the submission of this Invitation to Bid, please contact Patsy Nadal, Purchasing Manager, City of Delray Beach, at (561) 243-7161. Any technical questions regarding maintenance areas and service listed relative to this bid should contact Tim Simmons, Parks Superintendent, Delray Beach Parks and Recreation Department, at (561) 243.7260. T. VENDOR SERVICE REPRESENTATIVE: The Bidder must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the coordination of landscape maintenance service. A contact for both regular work-hours and after-hours, weekends and holidays must be identified. This will become a part of the bid proposal and shall be understood and agreed. U. BILLING, SCHEDULING AND REPORTS: Vendor shall submit a monthly invoice the first of each month, itemizing all maintenance items performed the previous month. A schedule of all maintenance items to be performed the following month shall be submitted with the invoice noting dates, times and locations of operations. The Delray Beach Parks and Maintenance Department must be notified prior to any change in scheduling within five (5) working days to allow City staff to inspect sites for scheduled maintenance. Written reports must be turned in to the Parks Maintenance Department after each mowing operation on a checklist to be provided to the awarded vendor by the City. The vendor's Federal Identification Number must be noted on the Bid in order for payment to be processed by City. V. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Bid No, 2013-16 Landscape Maintenance--Pompey Park Three(3)Baseball Fields Radd Mom 2@ a 3-9 6 LANDSCAPE HAREZITENAMCE FUE39710MS AND TASKS 1.0 TURF CARE: Maintain turf areas in a healthy, growing, green, trim condition by performing the fallowing operations: 1.1 MOWING GENERAL: a. Mowing shall be performed in a workman like manner that insures smooth surface appearance without scalping or leaving any'missed" uncut grass. b. All mowers must be- adjustable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf. Mower blade height adjustment is to be measured from a level floor surface to the parallel and level plane of the mower blades. c. All mower blades are to be sharp enough to cut, rather than to tear grass blades. d. All litter and debris is to be removed from turf before mowing to avoid shredding that will damage turf appearance, or items that may be propelled by mower blades. e. Grass c€ipp€ngs or debris caused by mowing or trimming will be removed from adjacent walks, drives, gutters, and curbs or surfaces on the same day as mowed or trimmed, f. Mowing will not be done when weather or conditions will result in damaged turf. g. Verti-cut shall be performed a minimum of two (2) times a year. **To be determined by the City of Delray Beach Park Superintendent. 1.2 €MOWING, EDGING, LINE TRIMMING SPECIFICS: a. Bermuda sod shall be cut atV4'with properly adjusted sod mowers. b. Grass shall be mowed weekly, two (2) times per week, April through November, and one (1) time per week from December through March. ONLY Reel-type moves shall be used. c. Line Thmming every other mowing cycle. d. Edging one (1) time a month. Special Note: Mowing frequencies can be deleted or increased due to climate factors or by a City of Delray Beach designee. e. Chemical Edging: Chemical applications may be used to kill weeds in and around areas such as, areas adjacent to buildings, fence line, trees, sprinkler heads, and cement medians (concrete divider isles). Prior to application of chemicals, for this purpose, all areas shall be trimmed to proper mowing height. Chemicals shall be applied in a manner to limit drift. Contractor is responsible for replacement of .all damaged sod at his cost. If not complete within one week of notification, City may replace and deduct cost from monthly payment applications. 1.3 WEED CONTROL: "LANDSCAPE MAINTENANCE WEED CONTROL„ a. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. Weeds are to be manually or mechanically removed from ground cover each mowing cycle, Note: If, in the opinion of the Parks and Recreation Department, any area is infested with weeds, the maintenance contractor shall do an additional application of MSM to control weeds or replace sod. Bid.No. 2013-16 Landscape Maintenance Pompey Park Thee (3)Baseball Fields 1.4 FERTILIZING ! PEST CONTROL SHCEDULE: January 4th week 32-5-8 wlminors March - 3`d week 24-5-11 FE+MN 4th week Aerification (plugs must be dragged in) April - 15Y week 15-5-15 2"d week Spray application of MSM & Sencor 3`d week Spray application of MSM or equal 4th week Spray application of MSM or equal May - 1s`week 24-5.11 FE & MN June - 3`d week Aerification (plugs must be dragged in) July - 2nd week 15-5-15 September - 1st week Aenfication (plugs must be dragged in) Spray application of Pre-M 2"d week 24-5-11 FE & MN November - 4th week 24-5-11 FE & MN December - 3`d week Aerification (plugs must be dragged in) i.5 SAND TOP DRESSING TOP DRESS WITH LAWN SAND ONCE PER YEAR One (1) tome per year. NOTE: Insect control to be done on an as needed basis, If, in the opinion of the Parks and Recreation Department, there is damage to turf by insects or pests, Contractor must replace sod. **SPECIAL NOTE — General Use of Chemicals: 1. All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a Florida Certified Pesticide Applicators' license. Application shall be in strict accordance with all governing regulations. 2. Chemicals shall only be applied by or under the supervision of those persons possessing a valid Florida Certified Pesticide Applicators' license. Applications shall be in strict accordance with all governing regulations. 3. Records must be kept and retained as prescribed by law for the use of pesticides of all operations stating dates, times, methods of applications, chemical formulations, applicators names and weather conditions. 4. Chemicals shall be applied when air currents are stili and using methods preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the project. 5. Any soil, sod or plants contaminated by misuse of chemicals on the sites will be removed and replaced at cost to the responsible contractor. 1.6 REPLACEMENT City shall replace any landscape, irrigation, or structures damaged by maintenance operations or due to neglect to perform these specifications and charge cost to maintenance contractor. (Contractor will be notified prior to replacement of repair by City designee.) Bid No,2013-16 Landscape Maintenance—Pompey Park Ti ree(3)Baseball Ficids ,A 1.7 DAMAGES Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. 1.$ REPORTS The Contractor shall provide a checklist filled out and returned to the Parks and Recreation Department after each maintenance operation. All maintenance operations and the date they were performed shall be noted, and any reports of damages shall be described. No payments will be made unless all reports are provided. 1.9 GENERAL No maintenance small be performed on weekends or during holidays unless requested in writing and approved by the Delray Beach Parks and Recreation Department Director. Bid No.2613-16 Landscape Ndaintenance—Pompey Park Tree(3)Baseball Fields _ -SCHEDULE OF PRICINC Landscape iilaintenance # Pompey Park Three (3) Baseball Fields Annual Contract - Sid#20934 RE-ISSUED TOTAL LUNQ SUM BID PRICE FOR ONTE (1) YEAR FOR LANDSCAPE MAINTENANCE OF TUE THREE (3) BASEBALL FIELDS AT POMPE' PARK PER THE ATTACHED SPECIFICATIONS, TERMS, AND CONDITIONS OF THIS BID_ $ 5 a(Do X 12 months= S Monthly Cost Total early Cost Additional Pricing, if required. (estimate) 1. Infield Repairs S CCD (per hour) 2. Laser Grading of Infields S p� (per bour) 3. Lip Repair of Inf ells $ c;� QCT (per hour) 4. Cost of Clay $ (per yard) 5. Cost of Clay $ (per Ton) 6. Sod Replacement S (per sq. ft.) A S-�60 tc Chemical Applications to be applied by: 4 Florida Certified Pesticide Applicator's License? IF YES please include with your bid package. ,, rYES ❑ NO - 4 Deviations from Specifications (if applicable) WILL EXTEND SA_AIE PRICES, TERMS AND CONDITIONS TO OTHER PALM BEACH COUNTY GOV-ERINTMENTAL AGENCIES: YES ❑ NO VENDOR N I IE: Federal I.D. 7 J�`A- D 2) U Bid No. 2013-16 Landscape Maintenance—Pompey Park Three(3)SasebaU Fields F_ --- Pompey Park Three (3) Easeball Fields Maintenance Annual Contract EE-ISSUED If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS- Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program_ As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements.- 1) equirements:1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition_ 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) in the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-fr workplace through implementation of this section. Contractor's Marne �U �" gnature ,,�a j -V4z ., Bid No. 2013-16 Landscape Maintenance—Pompey Park'Three (3)Baseball Fields WORK KEFERIENgESOld 2013- 16 _ l Pompey Park 'Three (3) Baseball Fields Maintenance Annual Contract RE-ISSUED *Please complete this page or attach your reference page to this sheet. A enc /Com an w �" 0 , &)& I Address 76 Cj ci , State,Zip Contact Person Telephone La /} Date(s)of Service r •'"' �C. At Type of Service Comments: Aoen /Compan E.+ IVIa l Address –f 14 V-1 f ci , State,Zio Contract Person Te}ephone ' 75 t Date(s)of Service Type of Service Comment=: ��� wad ,i 14—gency/Companyi f Adaress � Q4A C) 4j+� If city, State: Zip I 1-)LQ I k:aiA LQCI ch , rt- 3 Contact Person Telephone r I Date(s)of Service C Toe of Service comments: E t Contractors Name: Bid No. 2013-16 Landscape Mainte-aazice Pompe- Part:Three {.j Base aU Fields CITY F DELRAY LIW OF VENDORS RQUIPMENT Pompey Park Three (3) Baseball Fields Maintenance Annual Contract RE-ISSUED EQUIPMENT DESCRIPTION In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM: Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) MANUFACTURER: Manufacturer of equipment and model number. (d) AGE AND CONDITION: Original model year of equipment— if equipment has been rebuilt, year of fast overhaul. (e) OWNER: Owner of equipment AGE AND ITEM USE MANUFACTURER CONDITION OWNER C (fir I-Y-;fy) J f1"�C' ' r-z-> y -�� J 'OrCc CU ( 1 -, W ,7A�, I I I i Bid Ne. 201 -16 Landscape 1\4aintenance—Pompey Park inree (3) Baseba Fields CITY OF DELRAY BID SIGNATURE FORM Pompey Park Three (3) Baseball Fields Maintenance Annual Contract -8l0 #2093-16 RE-iSSUED PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersine.d bidder cerd5cs that this bid package is submitted in accordance with the specification in its entirety and with fill understanding of the conditions governing this bid. "Name of Bidder (Firm ame as Registered with their State of origin) Business Address: �iq n Street Address (P.O. Bax Address is not permitted) I City, State Ip Mailing Address: ❑ Check if Same as Business Address above 01 t i ST tir Street Address City. St e r ip 1 uthorized Signat re (Written) 1--4 , , 0 Print Name and Title of Person 5 gning this Form __ru_ I ?-�� �"?- (AC19 Date Telephone Fax No. n Email Address of Authorized 5ignee: t:1 L _ � ` VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: TELEPHONE: EMAIL ADDRESS- . �� � Bid'No. 201--16 Landscape Maintenance-Pompey Park 7aree(v)BasabaH Fields r CITY OF DELRAY CHECK LIST Pornpey Parr Three (3) Baseball Fields Maintenance Annual Contract — Did #2013-963 RE-ISSUED Y S ❑ NO Chech List Form Y S LlNO Bid Signature Form YES ❑ NO Schedule of Pricing (checlt for accuracy) ❑ YES FYIN O Addenda Achnowiedgement (if any) V" SVYE ElNO IndemnitylHold Harmless Agreement S ❑ NO Cone of Silence V/Y ES ❑ NO Proof of Insurance (including Worlrer's Comp, & Auto) V<E S ❑ NO List of Equipment VYES ❑ NO ���// Drug Free �1Jorlxplace Certification'YES ❑ NO References VES ❑ NO Business Tax Receipts YES ❑ NO Pesticide Applicators License ❑ YES YN Subcontractor Information (if any) El YES Statement of No Bid — (if not responding to this request) Vendor Name: v j' jj At, Thank you for your interest in the City of Deiray Beach Bid No. 2012-16 Landscap,-Mlainteaaoce Por pev Park Three (.-)Baseball Fields _ WET OF me mmo Pompey Parr Three (3) Baseball Fields Maintenance Annual Contract - Bid #2073-16 RE-9SSUED If you are not bidding on this service/commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 1 DO NW 1 st Avenue, Delray Beach, Florida 33444. 'Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ Hispanic ❑ Woman n Other We,the undersigned have declined to bid on Bid No. 2013-16 due to the following reason(s): Please Check below: ❑ Specifications too"tight", i.e., geared toward brand or manufacturer Only(explain below) ❑ Insufficient time to respond to the Invitation to Bid ❑ We do not offer this product or an equivalent ❑ Our product schedule would not permit us to perform ❑ Unable to meet specifications ❑ Unable to meet bond requirements ❑ Specifications unclear(explain below) ❑ Other(specify below) RemarkslOther: SIGNATURE: DATE: Bid No. 201.3-16 Landscape Maintenance Pompey Park Three(3)Baseball Fields Bid No.2013-16 Landscape Maintenance—Pompey Park Three(3)Baseball Fields /. ® \/ \ � � - - k \ @ 0 _ - - I / � R n f @ � w \ 0 2 - CL g CO / E \ c # 2 2 u / r / / a 302 m & 9 uj E k LU LL 3 / 3 n » u # § @ \ z CO uj \ § � f2 C C) w \ [ LU g g e u § ƒ & e [ � L 6 £ . . _ k 0 7 ( \ 2 _ } L � k = k kE r 7:3 k 2 _ _ / \ CL \ � \ LJ = c - 5 2 0 ! o tb - @cucn Z » 2 2 % CL / \ . e \\ k § M \ 2 E E } 2 I_j \ J - \ D m 0 � \ £ ' © \ 2 \ x u R -et § } 0 \ 0 J / / 2 NC)V-12-201212:21 From: 70:e224371.m Pa2e:2/2 ADDENDUM NO. i CONTRACT DOCUMENTS Landscape Maintenance Pompey Park-Three (3) Baseball Fields - Refssued Bid No. 2013-16 September 20, 2012 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications ,which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. A MANDATORY PRE-BID CONFERENCE has been scheduled for Tuesday, October 23, 2012.,@. 11.00 A.M., located at Ci Hall -- 11t Floor Conference Room 100 N.W. 1St Avenue, Delray Beach, FL 33444. *TIME CHANGE ONLY: 3:00 PM Write the words "Addendum No. 1" on the exterior of the envelope in which the bids are submitted, NOTE: Bidders must acknowledge Receipt of this Addendum by: Sincerely Yours, Patsy Nadal, Purchasing Manager PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO (561) 243-7166 OR EMAIL nadai rn delra beach.corn AS SOON AS POSSIBLE. + PI n hold r By �C� Efate Addendum Ni —bid 42(>[1-I6 AGREEMENT FOR BASEBALL FIELD MAINTENANCE THIS AGREEMENT FOR BASEBALL FIELD MAINTENANCE, is entered into this day of 2015 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "City") and ELEV8 Sports Institute Inc., a Delaware corporation conducting business in the State of Florida, with an address of 407 SE 1St Street, Delray Beach, Florida 33484 (hereinafter referred to as "ELEV8") (the "City" and "ELEV8" are collectively referred to as "Parties"). WITNESSETH: WHEREAS, on January 8, 2013, pursuant to Bid Award #2013-16, the City entered into a contract with ELEV8 to provide baseball field maintenance at Pompey Park at a rate of$38,400.00 annually; and WHEREAS, the Bid Award #2013-16 provided for a term of one (1) year, with two (2) consecutive one (1) year extensions at the discretion of the City Manager; and WHEREAS, by letter dated December 10, 2013, the City Manager exercised the right to extend the Bid Award #2013-16 for a one (1) year period from February 1, 2014 through January 31, 2015;and WHEREAS, pursuant to its terms, the City Manager was authorized to extend Bid Award #2013-16 for one (1) additional, final year from February 1, 2014 through January 31, 2016;and WHEREAS, through inadvertence, the City failed to extend the term of the Bid Award #2013-16 prior to its expiration on January 31, 2015;and WHEREAS, City staff reports that ELEV8 Sports Institute Inc. has performed well under the terms of Bid Award #2013-16; and WHEREAS, the Parties desire to enter into a new contract at the same terms and conditions of Bid Award #2013-16, for a term to retroactively begin on February 1, 2015 and to expire at 11:59 PM on January 31, 2016, as was intended by the City Commission's approval of the contract extension terms of the originally approved Bid Award #2103-16. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Purpose. The purpose of this agreement is to provide baseball field maintenance services at Pompey Park, located at 1101 NW 2nd Street, Delray Beach, Florida. 3. Baseball Field Maintenance. Pursuant to this agreement, ELEV8 shall perform baseball field maintenance at Pompey Park pursuant to the specifications, terms, and conditions listed within Bid Award #2013-16, which is attached hereto as Exhibit A, except where in conflict with the provisions of this agreement. It is the intention of the Parties that this agreement shall serve as a continuation of Bid Award #2013-16, which has expired. The provisions of this agreement shall control over any conflict between this agreement and Bid Award #2013-16. 4. Schedule of Pricing. The total annual sum to be paid by the City to ELEV8 is Thirty-Eight Thousand Four Hundred Dollars ($38,400.00),which shall be paid in twelve (12) equal monthly installments. All monthly payments shall be due within ten (10) days of receipt by the City of a valid invoice for same. 5. Term. This agreement shall commence on February 1, 2015 and shall expire at 11:59 PM on January 31, 2016. This agreement may not be extended or otherwise renewed by the Parties. 6. Termination. The City may, by written notice to ELEV8, terminate this agreement if ELEV8 has been found to have failed to perform the services referenced herein in a manner satisfactory to the City as per the specifications of Bid Award 2013-16. The date of termination shall be stated in the notice. The City shall be the sole judge of non-performance. 7. Indemnification. ELEV8, shall at all times hereafter indemnify, hold harmless, and at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend the City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, ELEV8, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against the City by reason of any such claim, cause of action, or demand, ELEV8 shall, upon written notice from the City, resist and defend such lawsuit or proceeding by counsel satisfactory to the City or, at the City's option, pay for an attorney selected by the City Attorney to defend the City. The obligations of this section shall survive the expiration or earlier termination of this agreement. If ELEV8, its agents, employees, or contractors damages or causes the destruction of any real or personal property at the premises, ELEV8 shall compensate the City 2 for such damage or destruction within 10 days of receiving notification from the City. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. 8. Insurance. ELEV8 shall provide certificates of insurance to the City evidencing its insurance coverage and naming the City as an additional insured. Other additional insureds may be required at the sole discretion of the City's Director of Parks and Recreation. If ELEV8 fails to provide the certificates of insurances in a form acceptable to the City, the City may immediately terminate this Agreement. 9. Governing laws; venue. This agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be brought in the State or Federal courts located in Palm Beach County, Florida. 10. Binding Effect. All of the terms and provisions of this agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 11. Entire Agreement. This agreement shall constitute the entire agreement of the Parties with respect to the subject matter of it. All prior understandings and agreements between the Parties with respect to such matters are merged into this agreement, which alone fully and completely expresses their understanding. 12. Amendments. This agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the Parties hereto. 13. Third Parties. Nothing in this agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this agreement upon any person other than the Parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this agreement. 14. Assignment. This agreement may not be assigned by either party unless first obtaining written permission from the other party. 15. Inspector General. ELEV8 is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this agreement and may demand and obtain records and testimony from ELEV8 and its subcontractors and lower tier subcontractors. ELEV8 understands and agrees that in 3 addition to all other remedies and consequences provided by law, the failure of ELEV8 or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by City to be a material breach of this agreement justifying its termination. 16. Public Records. ELEV8 shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, ELEV8 agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to City all records in possession of the Licensee at the termination of the Agreement and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to City in a format that is compatible with the information technology systems of City. All records shall be transferred to the City prior to final payment being made to the Licensee. e) If ELEV8 does not comply with this section, City shall enforce the provisions in accordance with this agreement and may unilaterally cancel this agreement in accordance with state law. 17, Force Majeure. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 4 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA, By: By: City Clerk Director of Parks and Recreation Approved as to Form: By: City Attorney WITNESSES: ELEV8 SPORTS INSTITUTE INC. By: (print or type name) (print or type name, title of officer or agent) (print or type name) (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2015 by (name of officer or agent, title of officer or agent) of ELEV8 Sports Institute Inc., a Delaware corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public-State of 5