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Home My WebLink About2013 11 18 Consent 303 CWP Landscape Maintenance Contract Addendum COMMISSION AGENDA Informational Consent X ITEM 303 public Hearings g Regular November 18, 2013 KS CC Special Meeting City Manager Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Addendum as prepared by the City Attorney, between the City of Winter Springs and Annan Landscape Co., LLC, for Central Winds Park Landscape Maintenance Services. SYNOPSIS: The Parks and Recreation Department is requesting approval for the City to extend an existing contract for an additional one year agreement per contract for landscape maintenance services and adding a monthly irrigation maintenance to the contracted services at Central Winds Park. CONSIDERATIONS: • Central Winds Park Landscape Maintenance Services have been successfully contracted out for the past year to Annan Landscape. • A good working relationship has been established with contractor and staff which has yielded visible improvements. • Satisfactory monthly evaluations of work performance have been implemented to insure a high level of service. • Scope of work includes, but is not limited to mowing, edging, gardening, tree trimming, weed control, and irrigation checks of all designated areas. • Changed from a bi-monthly irrigation maintenance to a monthly service of all designated areas. • Section 2.1 of the current 2013 Agreement allows for five (5) one year extensions. • Section 2.1 of the original agreement calls for the CPI rate adjustment to be based on Consent 303 PAGE 1 OF 2- November 18,2013 the most recently available 12 month period. CPI rate increase will be determined in January 2014. FISCAL IMPACT: Funding for Central Winds Park Landscape Maintenance services is currently budgeted in the Parks and Recreation -Parks and Grounds Budget in the amount of$26,400. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff is recommending the City Commission authorize the City Manager to execute the attached Addendum, as prepared by the City Attorney, between the City of Winter Springs and Annan Landscape Co., LLC for Central Winds Park Landscape & Irrigation Maintenance Services. ATTACHMENTS: Attachment A - Addendum to Central Winds Park Landscape & Irrigation Maintenance Services Agreement Consent 303 PAGE 2 OF 2- November 18,2013 ADDENDUM TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES THIS ADDENDUM TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES ("Agreement") is made and entered into by and between the City of Winter Springs, a Florida municipal corporation ("City"), located at 1126 East State Road 434, Winter Springs, Florida 32708, and Annan Landscape Co., LLC, a Florida limited liability company ("Service Provider"), located at 991 Explorer Cove, Suite 133, Altamonte Springs, Florida 32701. WITNESSETH: WHEREAS, the City and Service Provider previously entered into an Agreement for Landscape Maintenance Services for the City's Central Winds Park on a continuing basis ("Agreement"); and WHEREAS, the City and Service Provider desire to extend the term of the Agreement for one (1) year as set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: Section 1. Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. Section 2. Extension of Term. The City and Service Provider mutually agree to extend the term of the Agreement for one (1) additional year commencing at midnight on January 1, 2014 and terminating at 11:59 PM on December 31, 2014. Section 3. Compensation. For the Services provided during the term of this Addendum, the City agrees to pay Service Provider a sum not to exceed Twenty Six Thousand Four Hundred and no/100 Dollars ($26,400.00), plus the CPI rate increase outlined in paragraph 2.1 of the Agreement. Section 4. Documents. Section 18.0 of the Agreement shall be deleted and replaced in its entirety with the following provision: 18.0 DOCUMENTS. 18.1 Public Records. In accordance with section 119.0701, Florida Statutes, Service Provider agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Service Provider agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Service Provider also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Service Provider shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Service Provider shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Service Provider upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Service Provider does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Service Provider fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Service Provider's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Service Provider prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Service Provider. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Service Provider's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. Section 5. Others Terms and Conditions. Any other term or condition of the Agreement not expressly modified by this Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto caused this Addendum to be executed on the dates indicated below. SERVICE PROVIDER: CITY: ANNAN LANDSCAPE CO., LLC CITY OF WINTER SPRINGS By: By: Scott Annan, Managing Member Kevin L. Smith, City Manager Dated: Dated: 2