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Home My WebLink AboutOutdoor With It, LLC Rough Cut Mowing and Tilling Agreement 2024 08 14SERVICE AGREEMENT Rough Cut Mowing and Tilling Services 144' a �tc�c 4 THIS AGREEMENT ("Agreement") is made this 1Xh day ofi , 2024, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation located at 1126 East State Road 434, Winter Springs, Florida, 32708 ("City") and OUTDOOR WITH IT, LLC, a Florida limited liability company with its principal place of business located at 650 Lake Harney Road, Geneva, FL 32732 ("Service Provider" or "Contractor"). RECITALS: WHEREAS, City is a municipality existing under the laws of the State of Florida and, in the conduct of business, desires to obtain all materials, service, equipment, and labor for Rough Cut Mowing and Tilling services; and WHEREAS, Service Provider is an active limited liability corporation, in the state of Florida, duly licensed and existing under the laws of the State of Florida, experienced in the foregoing, and agrees to perform these services for the City under the terms and conditions set forth in this Agreement; and WHEREAS, Service Provider and City are hereby bound by the terms and conditions of this Agreement. City and Service Provider are hereby further bound by the terms of the City's Invitation To Bid 05-24-02 BI which is attached hereto as Exhibit "A" and incorporated herein by this reference, the Service Provider's Response, which is attached hereto as Exhibit "B" and incorporated herein by this reference to the extent applicable and the terms and conditions of any Purchase Orders entered pursuant to this Agreement; and WHEREAS, the City of Winter Springs deems the services being provided by this Agreement serve a public purpose and are in the best interests of the public health, safety, welfare, convenience, and morals of the citizens of Winter Springs. NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement, it is agreed by and between City and Service Provider as follows: SECTION ONE NATURE OF WORK Service Provider will provide services related to Rough Cut Mowing and Tilling services, as are described in Exhibit "A", attached hereto and incorporated herein by this reference, generally referred to as "Services" herein. Unless otherwise provided herein, Service Provider shall furnish all tools, equipment, and manpower to complete the work required by this Agreement. The Service Provider warrants that it holds any and all necessary licenses required to conduct the work required by this Agreement and agrees to maintain said licenses in good standing during the term of this Agreement, including a City of Winter Springs Business Tax Receipt (unless Service Provider is otherwise exempt from the payment of the City's business taxes). Service Provider shall immediately notify City in the event of a loss, suspension, or termination of any license required to perform the Services set forth in this Agreement. Service Provider acknowledges that it has performed due diligence investigation prior to the execution of this Agreement and has satisfied itself as to the conditions affecting the Services to be provided including but not limited to, the availability of materials and labor, the cost thereof, the requirements to obtain Service Agreement Rough Cut Mowing &Tilling Services City of Winter Springs —Outdoor With It LLC Page I of 15 necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. Service Provider shall ensure compliance with all applicable safety standards and with all federal, state, and local regulations related to the Services. SECTION TWO PLACE OF WORK Service Provider agrees to come to the City's sites as defined in Exhibit "A", or such other locations as reasonably designated by the City, to perform the Services as necessary. The locations of the services and other such places designated by the City for service are provided in Exhibit "A," and are incorporated herein by reference. Service Provider shall be responsible for coordinating access to the location where Services will be performed and for coordinating all necessary meeting, set-up, staging, or workstation space with City's representative. Service Provider shall additionally follow all security protocols deemed necessary by the City as determined by the City's sole discretion. As part of the Services, Service Provider will be responsible for safekeeping all keys, access codes, combinations, access cards, personal identification numbers, passwords, and similar security codes and identifiers issued to Service Provider's employees, agents, or subcontractors, as applicable. Service Provider agrees to require its employees to promptly report a lost or stolen access device or information. City or its affiliates shall at all times have the right to review or observe the Services performed by Service Provider. No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. SECTION THREE TIME DEVOTED TO WORK In the performance of Services, the services and number of hours Service Provider is to work on any given day will be entirely within Service Provider's control and professional judgment, and City will rely upon Service Provider to exercise sound professional judgment and to devote such time, as is reasonably necessary, to fulfill the intent and purpose of this Agreement. All work furnished by Service Provider hereunder shall conform to all applicable high quality professional standards of diligence, safety, care, and practice which are in effect at the time the work is performed. Service Provider shall complete all of said Services in a timely manner and will keep City apprised of the status of work as reasonably requested by the City. Should Service Provider fall behind on an established schedule, it shall employ such resources as necessary to adhere to the schedule. No extension for completion of Services shall be granted to Service Provider without City's prior written consent. Time is of the essence in the performance of this Agreement and any Purchase Order hereunder. SECTION FOUR PAYMENT Service Provider shall be compensated as defined in bid price schedule as found in its response to ITB # 05-24- 02 BI attached hereto as Exhibit B. Payments shall be due and payable as provided by the Florida Local Government Prompt Payment Act s. 218.70 et. seq., Florida Statutes. All services provided to the City must be described upon the Service Provider's invoice with sufficient clarity for the City to easily identify and confirm the Services having been provided. All invoice entries shall clearly indicate the type of Service being rendered, identify the SERVICE Provider employee who rendered such service, and note the appropriate charge and hourly rate if applicable. Service Agreement Rough Cut Mowing & Tilling Services City of Winter Springs — Outdoor With It LLC Page 2 of 15 The City may make changes in the Services at any time by giving written notice to the Service Provider. If, upon the request of the City, Service Provider agreed to perform additional Services hereunder, the City shall pay Service Provider for the performance of such additional Services an additional amount (in addition to all other amounts payable under this Agreement) based on a mutually agreed upon Addendum to this Agreement providing for such additional fees and services executed in writing by the parties to this Agreement. The City shall not be responsible for the payment of any additional services provided by Service Provider unless the description of such services has been set forth in the aforementioned Addendum and the Addendum has been approved by the City Council or City Manager in accordance with the City's purchasing policies and procedures. Service Provider shall not invoice the City or seek any compensation from the City to correct or revise any errors or deficiencies in Services provided under this Agreement. To the extent Service Provider owes the City any money under this or any other Agreement with the City, the City shall have the right to withhold payment and otherwise back charge Service Provider for any money owed to City by Service Provider. The City's payment of any invoice under this Agreement shall not be construed or operate as a waiver of any rights under this Agreement or any cause of action arising out of the performance of this Agreement, and the Service Provider shall remain liable to the City in accordance with applicable law for all damages to the City caused by the Service Provider's performance of any Services provided under this Agreement. SECTION FIVE TERM The Term shall commence upon the parties' execution of the Agreement ("Effective Date"). The initial term of this Agreement shall be for three (3) years with the option to extend for two (2) additional one (1) year periods. The City's City Manager may exercise a renewal option, subject to Service Provider's agreement to the renewal, by providing the Service Provider with at least thirty (30) days written notice in advance of the anniversary of the Effective Date. Renewals shall be made upon mutual agreement of the Parties and upon the same terms described herein. The City has the right to terminate this Agreement for its convenience and without at any time upon thirty (30) days advanced notice. SECTION SIX STATUS OF SERVICE PROVIDER This Agreement calls for the performance of the Services of Service Provider as an independent contractor. Neither Service Provider, nor its assigns, nor its successors, shall be considered employees, officers, or agents of the City in any capacity. Service Provider shall not be entitled to any benefits which would otherwise apply to City employees. SECTION SEVEN INDEMNIFICATION Service Provider shall protect, defend, indemnify and hold harmless, the City, its employees, agents, elected or appointed officials, and representatives from any and all claims, losses, suits, costs, expenses, fines, penalties, deficiencies, damages, obligations, and liabilities, including all reasonable attorney's fees and court costs through all appeals, for which City, its employees, agents, elected or appointed officials, and representatives can or may be held liable as a result of injury to persons (including death) or damage to property occurring by reason of any negligent acts, errors, omissions, or willful misconduct of Service Provider, its employees, or agents, arising out of or connected with this Agreement; or which arise out of any inaccurate representation made by the Service Service Agreement Rough Cut Mowing & Tilling Services City of Winter Springs — Outdoor With It LLC Page 3 of 15 Provider, its employees or agents; or any breach of this Agreement by Service Provider, its employees or agents, except to the extent of negligence, wrongful acts or omissions of the City or its agents, elected or appointed officials, employees, or representatives. For purposes of this indemnification only, Service Provider shall indemnify the City for claims made by the employees of Service Provider, and Service Provider hereby waives its entitlement, if any, to immunity under SECTION 440.011, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. Service Provider shall further protect, defend, indemnify and hold harmless, the City, its employees, agents, elected or appointed officials, and representatives from any and all claims and liabilities, whether rightful or otherwise, alleging that the work furnished by the Service Provider hereunder, or any part thereof, constitutes an infringement of any patent, copyright, trademark or other intellectual property right of the United States. Service Provider shall pay all damages and costs awarded against the City in connection with any such infringement, copyright, trademark, or other intellectual property rights claims. This indemnification paragraph shall survive the termination of this Agreement. SECTION EIGHT TERMINATION The City may terminate this Agreement for any reason, with or without cause and without penalty, by giving the Service Provider thirty (30) days advance written notice of the termination of this Agreement. In the event of any termination without cause pursuant to the preceding sentence, City shall continue to be responsible for the payment of any outstanding undisputed invoices delivered to the City prior to the date of termination. In addition, should Service Provider materially breach this Agreement and such breach is not cured within fifteen (15) days of receiving written notice of such breach by the City, the City shall be entitled to terminate this Agreement immediately and Service Provider shall refund the City any pre -paid fees for Services not delivered to the City's satisfaction by Service Provider. Upon receipt of a notice for any termination of this Agreement and any Work Order hereunder, the Parties shall cooperate with each other and use all commercially reasonable efforts to affect a smooth transition process. SECTION NINE PUBLIC RECORDS AND AUDITS A. Pursuant to Section 119.0701, Florida Statutes, and other applicable public records laws (collectively, the "Public Records Laws"), Service Provider agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission, of Service Provider related, directly or indirectly, to the services provided to the City under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the City, may be deemed to be a public record under and pursuant to the Public Records Laws, whether in the possession or control of the City or the Service Provider. If and to the extent said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of Service Provider are subject to the provisions of Chapter 119, Florida Statutes, or other Public Records Laws (records subject to the Public Records Laws are herein referred to as "public records"), they may not be destroyed without the specific written approval of the City's designated Service Agreement Rough Cut Mowing & Tilling Services City of Winter Springs — Outdoor With It LLC Page 4 of 15 custodian of public records. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider be open and freely exhibited to the CITY for the purpose of examination and/or audit. Notwithstanding anything herein to the contrary, the parties agree to maintain the confidentiality of any and all records or documents from third party disclosure that are deemed confidential and/or exempt from public records disclosure pursuant to federal or state law, including, but not limited to, under the Health Insurance Portability and Accountability Act of 1996 and related HIPAA Privacy Rules. IF THE SERVICE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SERVICE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-5999, cityclerkdepartment@winterspringsfl.org,1126 East State Road 434, Winter Springs, Florida, 32708. Service Provider is required to and agrees to comply with public records laws. Service Provider shall keep and maintain all public records required by the City to perform the services as agreed to herein. Service Provider shall provide the City, upon request from the City Clerk, copies of the requested public records or allow the public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. Service Provider shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. Upon completion of the Agreement, Service Provider shall transfer to the City, at no cost, copies of all public records in possession of the Service Provider, provided the transfer is requested in writing by the City Clerk. Upon such transfer, Service Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that copies of the public records be transferred, the Service Provider shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All public records stored electronically must be provided to the City, upon request from the City Clerk, in a format that is compatible with the information technology systems of the City. Should the City not possess public records relating to this Agreement which are requested to be inspected or copied by the City or any other person, the City shall immediately notify Service Provider of the request and the Service Provider shall then provide such public records to the City or allow the records to be inspected or copied within a reasonable time. If the Service Provider does not comply with a public records request, the City may enforce this Section to the extent permitted by law. Service Provider acknowledges that if the Service Provider does not provide the public records to the City within a reasonable time, the Service Provider may be subject to penalties under Section 119.10, Florida Statutes. The Service Provider acknowledges that if a civil action is filed against the Service Provider to compel production of public records relating to this Agreement, the court may assess and award against Service Provider the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the Service Provider, be open and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by Service Provider to grant such public access, cooperate with the City's examination or audit, and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation. Following an audit, all required payment adjustments shall be made. In the event that the audit reveals an underpayment to the City, the Contractor agrees to pay to the City the underpaid amount within thirty (30) days of notice of any such underpayment. Contractor shall maintain all books and records made in connection with this Agreement for a period of three years following termination of this Agreement, unless the City authorizes otherwise in writing. If the Service Provider fails to comply with this Section, and the City must enforce this Section, or the City suffers a third -party award of attorney's fees and/or damages for violating Chapter Service Agreement Rough Cut Mowing & Tilling Services City of Winter Springs — Outdoor With It LLC Page 5 of 15 119, Florida Statutes, due to Service Provider's failure to comply with this Section, the City shall collect from Service Provider prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against Service Provider. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Service Provider's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. B. All documents, including but not limited to, drawings, specifications and data or programs stored electronically or otherwise, prepared by the Service Provider and its independent contractors and associates pursuant to this Agreement or related exclusively to the Services described herein shall be owned by the City and may be reused by the City for any reason or purpose at any time. However, the City agrees that the aforesaid documents are not intended or represented to be suitable for reuse by the City or others on any undertaking other than the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without verification or adaptation by the Service Provider, or its independent contractors and associates, if necessary, to specific purposes intended will be at the City's sole risk and without liability or legal exposure to the Service Provider. C. The City and the Service Provider agree that upon payment of fees due to the Service Provider by the City for a particular design, report, inventory list, compilation, drawing, specification, model, recommendation, schedule, or otherwise, said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule, and other instrument produced by the Service Provider, as applicable, in the performance of this Agreement, or any Work hereunder, shall be the sole property of the City, and the City is vested with all rights therein. The Service Provider waives all rights of copyright in said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule, and other instrument produced by the Service Provider in the performance of this Agreement, and hereby assigns and conveys the same to the City whether in the possession or control of the Service Provider or not. D. Notwithstanding any provisions to the contrary contained in this Agreement, the Service Provider shall retain sole ownership to its preexisting information not produced and paid for by the City under this Agreement including, but not limited to, computer programs, software, standard details, figures, templates and specifications. SECTION TEN INSURANCE During the term of this Agreement, Service Provider shall be responsible for providing the types of insurance and limits of liability as set forth under this Paragraph. The insurance policies provided hereunder by Service Provider shall also include coverage with respect to services performed by all agents and independent contractors employed by Service Provider to perform any Work hereunder. A. The Service Provider shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence and $2,000,000 general aggregate with a deductible not less than $5,000 unless otherwise approved in writing by the City Manager to protect the Service Provider from claims of property damages which may arise from any Work performed under this Agreement whether such Work are performed by the Service Provider or by anyone directly employed by or contracting with the Service Provider. Service Agreement Rough Cut Mowing & Tilling Services City of Winter Springs — Outdoor With It LLC Page 6 of 15 B. The Service Provider shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the Service Provider from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the Service Provider or by anyone directly or indirectly employed by the Service Provider. C. The Service Provider shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $1,000,000 for all of its employees performing Work for the Client pursuant to this Agreement. All required insurance must be from insurance carriers that have a rating of "A" or better and a financial size category of "VII" or higher according to the A.M. Best Company (or equivalent rating and rating service as reasonably determined by the City Manager). Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the City by Service Provider upon the Effective Date of this Agreement which satisfied the insurance requirements of this Section. Renewal certificates shall be sent to the City at the time of any expiration. There shall also be a 30-day advance written notification to the City in the event of cancellation or material modification of any stipulated insurance coverage. The City shall be an additional insured on all stipulated insurance policies as its interest may appear, from time to time, excluding worker's compensation and professional liability policies. SECTION ELEVEN NOTICE Any and all notices required or permitted under this Agreement shall be in writing and shall be sufficient in all respects if (i) delivered personally, (ii) mailed by registered or certified mail, return receipt requested and postage prepaid, or (iii) sent via a nationally recognized overnight courier service to the following: For CITY: City Manager 1126 East State Road 434 Winter Springs, FL 32708 For SERVICE PROVIDER: Outdoor With It, LLC 650 Lake Harney Road Geneva, FL, 32732 Attn: Randall Geraghty Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. Service Agreement Rough Cut Mowing & Tilling Services City of Winter Springs — Outdoor With It LLC Page 7 of 15 SECTION TWELVE E-VERIFY A. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, Service Provider shall register with and use the U.S. Department of Homeland Security's E-Verify system, https:He-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. B. Subcontractors: (i) Service Provider shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii) Service Provider shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Service Provider shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. C. Service Provider must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Service Provider stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. D. Failure to comply with this provision is a material breach of the Agreement and shall result in the immediate termination of the Agreement without penalty to the City. To the extent provided by Florida law, Service Provider shall be liable for any additional costs incurred by the City as a result of the termination of the Agreement. SECTION THIRTEEN ATTORNEY FEES In the event of any action arising under this Agreement, whether or not a lawsuit or other proceeding is filed, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees incurred in any way in connection with the matter, whether incurred before litigation, during litigation, during appeal, or in connection with enforcement of a judgment, including, but not limited to, attorneys' and experts' fees. This shall include fees and costs incurred in litigating entitlement to attorneys' fees and costs, as well as in determining or quantifying the amount of recoverable attorneys' fees and costs. The reasonable costs shall include costs that are taxable under any applicable statute, rule or guideline, as well as non-taxable costs, including but not limited to, costs of investigation, copying costs, electronic discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise taxable. SECTION FOURTEEN VENUE This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be in the Middle District of Florida, Orlando Division. Service Agreement Rough Cut Mowing & Tilling Services City of Winter Springs — Outdoor With It LLC Page 8 of 15 SECTION FIFTEEN SEVERABILITY Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity, or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable, and in full force and effect to the extent permitted by law. SECTION SIXTEEN ENTIRE AGREEMENT This Agreement states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this Agreement, save for the representations which are attached to this Agreement as Exhibits. The Service Provider recognizes that any representations, statements, or negotiations made by the City staff do not suffice to legally bind the City in a contractual relationship unless they have been reduced to writing and signed by an authorized City representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. SECTION SEVENTEEN NO ASSIGNMENTS OR SUBCONTRACTS Service Provider shall not assign or subcontract this Agreement or any rights or any monies due or to become due hereunder without the prior, written consent of the City. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor form any duty or responsibility under this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Service Provider, and all duties and responsibilities under this Agreement will be for the sole and exclusive benefit of the City and Service Provider and not for the benefit of any other party. SECTION EIGHTEEN SOVEREIGN IMMUNITY The City intends to avail itself of the benefits of Section 769.28, Florida Statutes, and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law, and the cap on the amount and liability of the City for damages, regardless of the number or nature of claims in tort, equity, or contract, may not exceed the dollar amount set by the legislature for tort. Service Provider agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person over two hundred thousand dollars ($200,000.00), or any claim or judgment or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. Service Agreement Rough Cut Mowing & Tilling Services City of Winter Springs — Outdoor With It LLC Page 9 of 15 SECTION NINETEEN APPROPRIATIONS This Agreement is subject to the annual appropriations of funds by the City Commission. The City has a right to terminate this Agreement for fiscal non -funding at no additional cost or liability to the City. SECTION TWENTY FORCE MAJEURE Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strike (except involving the Service Provider's labor force); extraordinary breakdown of or damage to City's affiliates' facilities; court injunction or order; federal and/or state law and/or regulation; or order by any other regulatory agency, provided that prompt notice of such delay is given by such party to the other and each of the parties hereto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty (60) days, either party may terminate this Agreement. Monetary damages will not be awarded in the event of Force Majeure. SECTION TWENTY-ONE CITY PREMISES Service Provider acknowledges that its employees and agents will behave in an appropriate manner while on City property and while on any residential or commercial private property relating to the performance of Services in accordance with this Agreement and shall, at all times, conduct themselves in a manner consistent with City policies and within the discretion of the City Project Manager or designee. Professional and personal conduct of Service Provider's staff shall conform to City's personnel policies and procedures. It is a material breach of this Agreement for any agent or employee of Service Provider to behave in a manner which is inconsistent with appropriate conduct or decorum or to behave in any manner that will disrupt the functioning of the City or constitute any level of threat to the safety, health, and/or well-being of any citizen, invitee, licensee, agent, or employee of the City. Service Provider agrees to immediately remove any agent or employee if directed to do so by the City Project Manager or designee. Service Provider acknowledges that the City shall not be responsible for injury (including death) to Service Provider's employees, agents, officers, or other personnel, nor shall the City be responsible for damage to Service Provider's property, which occurs on the City's property, unless the injury is the result of the City's sole gross negligence or willful misconduct. At all times while on City's premises, Service Provider shall comply with all rules and regulations of City. SECTION TWENTY-TWO MOST FAVORED CUSTOMER Service Provider warrants and represents that all terms, including prices, charges, benefits and warranties, in this Agreement are at least as or more favorable than any terms that Service Provider has offered to any other person or entity, for the types of Services covered by this Agreement. If at any time during this Agreement Service Provider shall offer any other person or entity, terms more favorable, Service Provider shall promptly notify City of such more favorable terms, and if such more favorable terms were offered by Service Provider to another person or entity City shall immediately receive the benefit of the more favorable terms for the remainder of this Service Agreement Rough Cut Mowing & Tilling Services City of Winter Springs — Outdoor With It LLC Page 10 of 15 Agreement, including any renewals thereof. Upon City's request, Service Provider shall advise City in writing, executed by an officer of Service Provider, that this section has not been contradicted by Service Provider since the later of (i) the Effective Date of this Agreement or (ii) the date of the most recent notice provided by Service Provider pursuant to this section. SECTION TWENTY-THREE FOREIGN COUNTRIES OF CONCERN Service Provider certifies, affirms, and herein represents, if the Services involve access to an individual's personal identifying information, that: (a) the Service Provider is not owned by the government of a foreign country of concern; (b) the government of a foreign country of concern does not have a controlling interest in the Service Provider's business; and (c) the Service Provider is not organized under the laws of and does not have its principal place of business in a foreign country of concern. The terms "foreign country of concern" and "controlling interest" shall mean as defined by Section 287.138, Florida Statutes, as may be amended from time to time SECTION TWENTY-FOUR MISCELLANEOUS A. As an independent contractor, Service Provider shall pay all expenses in connection with its consulting business and Service Provider will not incur any indebtedness on behalf of City with this Agreement. B. This Agreement may be amended, extended, or renewed only with the written approval of the parties. There shall be no modification of this Agreement without a writing. C. The City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. D. The Service Provider warrants that it has not employed or retained any company person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any City employee or official, person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting form the award of making of this Agreement. E. Precautions shall be exercised at all times for the protection of all persons (including City's employees) and property. The safety of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of safety. Service Provider shall be solely and absolutely responsible and shall assume all liability for the safety and supervision of its principles, employees, contractors, and agents when performing the Services provided hereunder. F. Service Provider shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and ordinances applicable to the performance of services under this Agreement and the incorporated Exhibits. Service Provider shall also secure and maintain any and all permits and licenses required to complete this Agreement. G. Service Provider shall acquire no rights under this Agreement to, and shall not use, the name of the City, either alone or in conjunction with or as a part of any other name, word, mark, picture, logo, design, and/or Service Agreement Rough Cut Mowing & Tilling Services City of Winter Springs — Outdoor With It LLC Page 11 of 15 trademark ("City Marks") in any of Service Provider's advertising, publicity, or promotion, to express or imply any endorsement by the City of its Services, or in any other manner (whether or not similar to the uses hereinabove specifically prohibited) without the prior review and written approval by the City, except as expressly permitted herein. No advertisement, publication, or other use of the City Marks shall be published or otherwise promulgated by Service Provider without City's prior inspection and written approval. This clause shall survive the expiration or termination of this Agreement. H. By signing this Agreement, Service Provider certifies that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency. 2. Have not, within the preceding five-year period, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local)transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. 3. Are not presently indicted or otherwise criminally charged by a government entity (federal, state or local) with commission of any of the offense enumerated in the preceding paragraph. 4. Have not within the preceding five years had one or more public transactions (federal, state or local) terminated for cause or default. Service Provider agrees to notify City within thirty (30) days after the occurrence of any of the events, actions, debarments, proposals, declarations, exclusions, convictions, judgment, indictments, informations, or terminations as described above, with respect to Service Provider or its principals. I. In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order: 1. Addenda or change orders to this Agreement entered subsequent to the Effective Date of this Agreement; 2. This Agreement; 3. Exhibits to this Agreement. 4. Purchase Orders entered pursuant to this Agreement. Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. J. At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. K. The Service Provider warrants and represents that it complies with all Federal and State requirements concerning fair employment and that Service Provider does not and shall not discriminate by reason of race, color, religion, sex, age, national origin, disability, sexual orientation, gender identity or expression, genetic information, or any other category of persons protected pursuant to federal and/or Florida law. Service Agreement Rough Cut Mowing & Tilling Services City of Winter Springs — Outdoor With It LLC Page 12 of 15 L. No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. Failure of City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of City's right to later claim a failure to perform by Service Provider, M. Service Provider guarantees that it is duly licensed and registered to conduct business in the state of Florida. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date first written above. OUTDOOR WITH IT, LLC Printed Name: Randall Geraghty Title: Vice President Date; 07/12/2024 Date: �' ATTEST: SPRINGS City Manager Gowan, City Clerk Service Agreement Rough Cut Mowing &Tilling Services City of Winter Springs —Outdoor With It LLC Page 13 of 15 EXHIBIT A ITB 05-24-02 BI Rough Cut Mowing and Tilling Services Service Agreement Rough Cut Mowing & Tilling Services City of Winter Springs — Outdoor With It LLC Page 14 of 15 City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708 INVITATION TO BID ITB # 05-24-02 BI DATE: May 13, 2023 Sealed Bids for the provision of Rough Cut Mowing & Tilling Services will be received by the City of Winter Springs (CITY) Procurement Department, located at Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, until: June 18, 2024 2:00 p.m., local time FOR Rough Cut Mowing & Tilling Services Bids shall conform to the minimum requirements outlined in this Invitation To Bid. The CITY reserves the right to reject any and all offers and to waive minor informalities. The CITY issues this Invitation To Bid in order to select a Bid(s) for further contract negotiation. Selection by the CITY Commission may not result in the formation of a contract. Submission and Receipt of RFP's: Bidders shall submit their Bid response to this ITB by: Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of your ITB response to this office by the date and time indicated above. The outside of your package must be clearly labeled with the ITB number, title, opening date and time, and the name and address of the Bidder. The CITY is not responsible for submittals via postal or mail courier services, receipt by the post office or mail courier prior to the deadline does not meet the CITY's deadline requirements. Offers received after June 18, 2024 at 2:00 p.m., will be rejected. Bid must include a 5% Bid Bond. Mandatory Bidders Conference May 22, 2024 -See Schedule Deadline for questions is May 29, 2024 1:00pm local time Any Addenda, if required, will be issued by 2:00pm on May 31, 2024 on the Demand Star platform if questions are received and require clarification. If you have any questions regarding this Invitation To Bid, please contact Stuart MacLean, Procurement Manager, at (407) 327-7581, or via email at smaclean@winterspringsfl.org PROPOSAL DOCUMENTS CAN BE DOWNLOADED FREE OF CHARGE FROM: www.demandstar.com or https://www.winterspringsfi.org/rfps ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services Invitation To Bid Table of Contents PART I SCOPE OF SERVICE/EVALUATION CRITERIA.............................................................................................................1 Background...............................................................................................................................................................................1 Scopeand Term of Service........................................................................................................................................................1 Considerationof Bids................................................................................................................................................................1 Timelineof Events.....................................................................................................................................................................1 PART II INSTRUCTIONS TO BIDDERS AND GENERAL PROVISIONS........................................................................................2 Definitions.................................................................................................................................................................................2 Preparationof Invitation To Bid................................................................................................................................................2 Submissionand Receipt of Bids................................................................................................................................................3 Selectionof Bid.........................................................................................................................................................................3 Acceptanceof Offer..................................................................................................................................................................3 Noticeof Award........................................................................................................................................................................4 Discrepancies, Errors, and Omissions.......................................................................................................................................4 Rightto Reject Bids...................................................................................................................................................................4 Compensation...........................................................................................................................................................................4 FiscalNon -Funding Clause........................................................................................................................................................4 Rightsof the CITY......................................................................................................................................................................4 Conflictof Interest....................................................................................................................................................................5 PublicEntity Crimes..................................................................................................................................................................5 Options...................................................................................................................................................................................... 5 Subcontracting..........................................................................................................................................................................5 Failureto Submit Bid.................................................................................................................................................................5 Defaultof Contract...................................................................................................................................................................6 Modificationfor Changes..........................................................................................................................................................6 Orderof Precedence.................................................................................................................................................................6 Examinationof Records............................................................................................................................................................6 BidsReceived............................................................................................................................................................................6 Lobbying/Cone of Silence.........................................................................................................................................................6 Insurance and Hold Harmless Indemnitication.........................................................................................................................7 Qualificationsof Bidder............................................................................................................................................................7 Disqualificationof Bidder..........................................................................................................................................................7 Licensesand Permits.................................................................................................................................................................8 Provisionsfor Other Agencies...................................................................................................................................................8 ApplicableLaw and Venue........................................................................................................................................................8 Bid Disclosure; Public Records Responsibilities........................................................................................................................8 E-Verify...................................................................................................................................................................................... 9 AdditionalInformation..............................................................................................................................................................9 ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services Modificationand Withdraw......................................................................................................................................................9 Prohibition on Gifts to CITY Employees and Officials.............................................................................................................10 Discrimination.........................................................................................................................................................................10 FederalRequirements.............................................................................................................................................................10 PART III SPECIFIC BID REQUIREMENTS............................................................................................................................ 11 Format.....................................................................................................................................................................................11 Section A — Bidder Information and Acknowledgement Form...............................................................................................11 SectionB —Table of Contents.................................................................................................................................................11 SectionC— Introduction Letter...............................................................................................................................................11 SectionD — Qualifications.......................................................................................................................................................11 SectionE - Other Information.................................................................................................................................................11 SectionF — Cost and Time.......................................................................................................................................................12 SectionG — Mandatory Bid Forms..........................................................................................................................................12 Section H — Florida State Corporate Filing..............................................................................................................................12 MANDATORY BID FORMS • Bidder Information and Acknowledgement • Reference Information • Insurance Requirements • Scrutinized Company Certification • Non -Collusions Affidavit • Drug Free Workplace Certification • Public Entity Crimes Statement • E-Verify Statement • Conflict of Interest Statement • SMWBE Utilization Plan Appendix A Cost Proposal Worksheet o Appendix B Location Details o Appendix C Bid Bond Agreement ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services PART I SCOPE OF SERVICE/EVALUATION CRITERIA FOR ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services Background The City of Winter Springs is located in Seminole County Florida, which is part of the Orlando -Kissimmee -Sanford Metropolitan Area. As of 2021 the City of Winter Springs has a population of 38,317, covering 14.99 square miles. Scope and Term of Service The City of Winter Springs is requesting Bids from qualified companies (Bidder or Bidders) for the purposes of providing Rough Cut Mowing & Tilling Services on a continuing basis in specified areas of the CITY as detailed in Appendix "B" Location Details. The initial term of services shall be for three (3) years, with two (2) one (1) year options to extend upon the mutual agreement of the parties. Consideration of Bids Bids will be considered by the CITY, and the chosen Bidder will be selected based its ability to provide the services required at the lowest possible cost to the CITY. In assessing Bids the CITY shall consider, in addition to the Cost Proposal, but not limited to, the following capabilities and background in determining if a Bid is considered responsible. The background, and experience of the Bidder in providing similar services elsewhere, including the level of experience in working with municipalities and the quality of services performed or items supplied. Reasonableness/competitiveness of proposed costs and/or benefits to the City of Winter Springs. The City of Winter Springs reserves the right to negotiate fees and/or benefits with the selected Bidder. Determination that the selected Bidder has no contractual relationship which would result in a conflict of interest with the CITY. d. The Bidder's ability, capacity, and skill to fully and satisfactorily, provide these services and/or items required in this ITB. e. Whether the Bidder can provide the service and/or items in a professional, prompt and timely fashion. Pursuant to Florida Statutes § 287.05701, the CITY shall not request documentation regarding, consider, or give preference based upon, a vendor's social, political, or ideological interests when determining the vendor's qualifications. Timeline of Events Release of ITB May 13, 2024 Mandatory Site Visit — Confirmation of attendance must be received by May 20th 5:00pm; Site visit be held at: 9:30 am corner of Shore Road & East Bahama Road, Winter Springs May 22, 2024 Deadline to receive questions (electronically) - 1:00pm local time May 29, 2024 Addendum Released by 2:00pm local time May 31, 2024 ITB Submittals Due by 2:00 pm local time June 18 2024 ITB Opening — Immediately following Bid Registration in City Commission Chambers I June 18 2024 CITY Commission Approval of Selection and Consideration of Contract TBD 1 ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services PART II INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS FOR ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services Definitions (as used herein) a. The acronym "ITB" is an "Invitation To Bid" and means a solicitation of proposals. b. The term "Bid" means the offer of qualitative evaluations by the Bidder. c. The term "professional services" means those services of architects, auditors, dentists, engineers, landscape architects, lawyers, physicians, psychologists, surveyors, and any other professional service as determined by the CITY. d. The term " Bidder " means the person, company, or entity making an offer. e. The term "Change Order" means a written order signed by the Finance Department or authorized representative directing the Bidder to make changes to a contract or purchase order resulting from the ITB. f. The term "CITY" means the City of Winter Springs, Florida. The term "CITY Commission" means the governing body of the City of Winter Springs. The CITY Commission is the only body that can award Bids. Preparation of Invitation To Bid a. Bidders are expected to examine the minimum requirements and all special and general conditions. Omission on the part of the Bidder to make the necessary examinations and investigations, or failure to fulfill every detail the requirements of the contract document, will not be accepted as a basis for varying the requirements of the CITY or the compensation to the Bidder. Failure to properly and fully complete the Bid is at the Bidder's risk. The Bidder shall sign the Invitation To Bid and print or type his/her name, address, and telephone number on the face page. The apparent silence of any supplemental minimum requirements as to any details, or the omission from it of a detailed description concerning any point will be regarded as meaning that only the best commercial practices are to prevail. All workmanship is to be first quality. All interpretations of the minimum requirements shall be made upon the basis of this statement. c. Bidders should submit their response to this ITB by: Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of Bidder's Bid to this office by the date and time indicated in Part I Timeline of Events. The outside of Bidder's package must be clearly labeled with the ITB number, title, opening date and time and the name and address of the Bidder. The CITY is not responsible for submittals via postal or mail courier services, receipt by the post office or mail courier prior to the deadline does not meet the CITY's deadline requirements. d. The Bidder should retain a copy of all documents for future reference. e. All Bids must be signed with the Bidder's name and by an officer or employee having authority to bind the Bidder by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of corporate signer must be included with the submittal with the Bid. You may use the Sunbiz website screen shot or include a copy of your Corporate Resolution to prove the authority of the corporate signer. 2 ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services f. Failure to follow the instructions in the Invitation To Bid is cause for rejection of your Bid. Submission and Receipt of Bids Bids must be received before the specified time as designated in the ITB Timeline of Events. A list of Bidders who submitted Bids will be furnished, upon request, following opening of the Bids. b. Bids shall be submitted in a sealed envelope. The envelope shall show the opening date and time, the ITB number, and the name and address of the Bidder. c. The City of Winter Springs is not responsible for the U.S. Mail or private couriers, in regard to mail being delivered by the specified time so that a Bid can be considered. Email and Facsimile (FAX) Bids will not be considered, however, Bids may be modified by email and FAX notice, provided such notices are received prior to the hour and date specified. e. Late Bids will be rejected. f. Bids having any erasures or corrections must be initialed by the offer or in ink. Bids shall be signed in ink. All amounts shall be typewritten or completed in ink. g. All Mandatory Bid Forms must be completed and attached to the Bid response. All costs of Bid preparation, inspection of the ITB documents, and presentation of the Bid shall be solely borne by the Bidder. The CITY shall not be liable for any cost incurred by the Bidder during the preparation and submission of its Bid in response to this ITB. Selection of Bid SELECTION OF THE BIDDER AND BID DEEMED THE MOST QUALIFIED, MOST ADVANTAGEOUS, AND IN THE BEST INTERESTS OF THE CITY, AS DETERMINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS'S SOLE AND ABSOLUTE DISCRETION, SHALL NOT RESULT IN THE FORMATION OF A CONTRACT. NO CONTRACT SHALL BE FORMED UNTIL FINAL APPROVAL OF SUCH CONTRACT BY THE CITY COMMISSION AFTER SUCCESSFUL NEGOTIATION OF SPECIFIC CONTRACT TERMS DETERMINED TO BE IN THE BEST INTERESTS OF THE CITY BY THE CITY COMMISSION. Negotiations may be terminated at any time by the CITY Manager or CITY Commission if, in his/her/its sole discretion, the CITY Manager OR CITY Commission determines that the negotiation of terms acceptable to the CITY will not be successful. Only the CITY Commission can select Bids, authorize the CITY Manager to engage in negotiations, and ultimately enter into a contract. The project owner provides a vendor recommendation to the CITY Commission for selection. The recommendation may or may not be adopted by the CITY Commission. In the event clarification is required, the CITY may require one or more of the top-ranking Bidders to attend a meeting to make an oral presentation, answer questions. This meeting will be exempt from the requirements of the Sunshine Law in accordance with section 286.0113, Florida Statutes. PROPOSER(s) will be notified of any further meeting requirements. Acceptance of Offer The signed Bid shall be considered an offer on the part of the Bidder; however, such offer shall be deemed accepted only upon issuance by the CITY of a Purchase Order, Blanket Purchase Order, or execution of another contractual document deemed acceptable to the CITY. 3 ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services The contract will be awarded to the most responsible and responsive, qualified Bidder(s) whose Bid is deemed the most advantageous and in the best interests of the CITY in accordance with the criteria set forth in this ITB. The CITY reserves the right to accept or reject any and all Bids or parts of Bids, waive minor informalities, and to request clarification of information from any Bidder. Notice of Award Within ten (10) calendar days from the date stipulated in the Notice of Award notifying Bidder that its Bid has been accepted, the successful Bidder shall execute the Agreement. Failure to execute the Agreement and/or to furnish said bonds within ten (10) calendar days from the date of the Notice of Award entitles the CITY to consider all rights arising out of the CITY's acceptance of the Bid as abandoned and the Bid Bond shall be forfeited. The CITY shall be entitled to such other rights as may be granted by law. Discrepancies, Errors, and Omissions Any discrepancies, errors, or ambiguities in the Invitation To Bid or addenda (if any) should be reported in writing to the CITY's Procurement Manager. Should it be found necessary, a written Addenda will be incorporated in the Invitation To Bid and will become part of the Service Agreement (contract documents). The CITY will not be responsible for any oral instructions, clarifications, or other communications. Right to Reiect Bids The CITY reserves the right to reject any or all Bids, and to disregard typographical, mathematical, or obvious errors. The CITY will not pay costs incurred by any Bidder in the preparation of their Bids. Compensation Compensation, which is determined to be fair, competitive, and reasonable, will be considered during the negotiations of a final contract with the selected Bidder. Fiscal Non -Funding Clause In the event sufficient budgeted funds are not available for a new fiscal period, the CITY shall notify the Bidder of such occurrence and any contracts entered into between the CITY and Bidder shall terminate on the last day of the current fiscal period without penalty or expense to the CITY. Rights of the CITY This ITB constitutes an invitation for submission of Bids to the CITY. This ITB does not obligate the CITY to procure or contract for any of the scopes of services set forth in this ITB. The CITY reserves and holds at its sole discretion, various rights and options under Florida law, including without limitation, the following: • To prepare and issue Addendums to the ITB that may expand, restrict, or cancel any portion or all work described in the ITB without obligation to commence a new procurement process or issue a modified or amended RFP. • To receive questions from potential Bidders and to provide such answers in writing as it deems appropriate. • To waive any informalities, technicalities or irregularities in the Bids submitted. • To reject any and all Bid submissions. • To change the date for receipt of Bids or any deadlines and dates specified in the ITB. • To change the procurement and/or selection process prior to receipt of Bids. • To conduct investigations with respect to the information provided by each Bidder and to request additional information (either in writing or in presentations and interviews) to support such Bidder's responses and submittals. 4 ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services • To visit facilities referenced in the Bidder's submittal at any time or times during the procurement process. • To seek clarification of Bids from the Bidder either in writing or in presentations and interviews • To cancel the ITB; with or without the substitution of another ITB. Conflict of Interest Bidder acknowledges and certifies that this Agreement does not violate any ethics provision found in Chapter 112, Florida Statutes, or Chapter 2 of the Code of Ordinances of the City of Winter Springs. The Bidder certifies that, to the best of their knowledge or belief, no elected/appointed official or employee of the City of Winter Springs, a spouse thereof or other person residing in the same household, is financially interested, directly or indirectly, in providing the goods or services specified in this Bid. Financial interest includes ownership of more than five percent (5%) of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of the business submitting the Bid or of any subcontractor or supplier thereof providing goods or services in excess of ten percent (10%) of the total Bid amount. Additionally, the Bidder, on company letterhead, must divulge at the time of Bid submittal, any relative, other than those already specified, of an elected /appointed official or employee of the City of Winter Springs who has a financial interest, as defined herein, in providing the goods or services specified in the Bid. The CITY, at its sole discretion, will determine whether a conflict exists and whether to accept or reject the Bid. Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 thirty-six (36) months from the date of being placed on the convicted vendor list. Options When the CITY requests Bids with options regarding the extent of services to be provided, the CITY requests all Bidders to provide a cost breakdown for each option proposed. Although all options may be purchased, some options may not ultimately be purchased. The CITY reserves the right to decide, at its discretion, which options shall be purchased. The CITY reserves the right to engage more than one (1) Bidder if it is believed that different Bidders might best serve the CITY's interests in performing different segments of the work (e.g., one Bidder to provide building estimates, and another to provide infrastructure estimates). Subcontracting Where Bidders do not have the "in-house" capability to perform work desired in the Invitation To Bid, subcontracting may be permitted only with prior knowledge and approval of the CITY. The CITY must be assured of and agree that any proposed subcontractor(s) can perform work of the desired quality and in a timely manner. The name(s) of any intended subcontractor(s) should be given in the Bid. Failure to Submit Bid If Bidder does not wish to submit a Bid, return the ITB and state the reason therefor; otherwise, Bidder's name may be removed from CITY's mailing list. 5 ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services Default of Contract In case of default by the Bidder, the CITY may procure the requested services from other sources and hold the Bidder responsible for any excess costs occasioned or incurred thereby. Modification for Cha No agreement or understanding to modify this ITB and resultant purchase order or contract shall be binding upon the CITY unless made in writing by the City of Winter Springs. Order of Precedence In the event of an inconsistency between provisions of the ITB, the inconsistency shall be resolved by giving precedence in the following order: (a) Instructions to Bidders and General Provisions; and (b) the minimum requirements. Examination of Records The Bidder shall keep adequate records and supporting documentation applicable to the subject matter of this ITB to include, but not be limited to: records of costs, time worked, working paper and/or accumulations of data, and criteria or standards by which findings or data are measured. Said records and documentation shall be retained by the Bidder for a minimum of one (1) year from the date the contract is completed and accepted by the CITY. If any litigation is initiated before the expiration of the one-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved, unless otherwise instructed by the CITY. Should any questions arise concerning this contract, the CITY and its authorized agents shall have the right to review, inspect, and copy all such records and documentation during the record retention period stated above; provided, however, such activity shall be conducted only during normal business hours and shall be at CITY expense. Bidders shall be authorized to retain microfilm copies in lieu of original records if they so desire. Any subcontractor(s) employed by a Bidder who is subject to these requirements and the Bidder itself are required to so notify any such subcontractor(s). Bids Received All Bids received in response to this ITB become the property of the CITY. Lobbying/Cone of Silence Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a CITY Commission Member, the CITY Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the Evaluation Committee concerning an active solicitation during the black -out period. A lobbying black -out period commences upon the issuance of this solicitation document. If an award item is presented to CITY Commission for approval or for a request to provide authorization to negotiate a Contract(s) and the CITY Commission refers the item back to the CITY Manager, Procurement Division and/or requesting Department/Division/Office for further review or otherwise does not act on the item, the Cone of Silence/Lobbying Black- out Period will be reinstated until such time as the CITY Commission meets to consider the item for action. Bidders, Proposers, Respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives shall not contact any CITY Commission member, the CITY Manager, any requesting or evaluating Division, Department, Office personnel, and/or any member of the Evaluation Committee concerning an active Request For Proposal during the Lobbying/Cone of Silence Black -out Period. 6 ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services Insurance and Hold Harmless Indemnification To the fullest extent permitted by laws and regulations, Bidder shall indemnify and hold harmless CITY and its consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of Bidder, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against CITY or any of their consultants, agents or employees by any employee of Bidder, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Bidder or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Bidder's Liability Insurance - The Bidder shall not commence any work under this Contract until he has obtained all insurance required under the Agreement. Bidder shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may arise out of or result from Bidder's performance and furnishing of the Work and Bidder's other obligations under the Contract Documents, whether it is to be performed or furnished by Bidder, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The insurance required shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to Bidder's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to CITY by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Bidder may be correcting, removing or replacing defective work in accordance with the Contract Documents. Bidder's General Liability Insurance shall include the CITY, and CITY's consultants as insured or additional insured which may be accomplished by either an endorsement of Bidder's Comprehensive General Liability policy or by Bidder's carrier issuing a separate protection liability policy. Qualifications of Bidder A Bidder may be required, before the award of any contract, to show to the complete satisfaction of the CITY that they have the necessary facilities, equipment, ability and financial resources to perform the work in a satisfactory manner within the time specified. Disqualification of Bidder Any or all Bids will be rejected if there is any reason for believing that collusion exists among the Bidders, and participants in such collusion will not be considered in future Bids for the same work. 7 ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services Licenses and Permits The Bidder shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as required by the United States, the State of Florida, or by the City of Winter Springs. The Bidder must fully comply with all Federal and State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance of the work. Provisions for Other Agencies Unless otherwise stipulated by the Bidder, the Bidder agrees to make available to the Government agencies, departments, and municipalities the prices submitted in accordance with said terms and conditions therein, should any said governmental entity desire to buy under the Bid. Applicable Law and Venue This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida without regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits itself to the exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida for any state court action arising out of this Agreement, and exclusively in the United States District Court for the Middle District of Florida, Orlando Division, for any federal court action arising out of this Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in any suit, action or other proceeding, (i) any claim that it is not personally subject to the jurisdiction of the above -named courts for any reason whatsoever, and (ii) any claim that such suit, action, or proceeding by any party hereto is brought in an inconvenient form or that venue of such suit, action, or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such courts. Bid Disclosure; Public Records Responsibilities Florida law provides that municipal records shall, at all times, be open for personal inspection by any person. Section 119.01, Florida Statutes et. seq. (the Public Records Law). Unless otherwise provided by the Public Records Law, information and materials received by the CITY in connection with an ITB response and under any awarded contract shall be deemed to be public records subject to public inspection and/or copying at the end of the statutory exemption time period pursuant to Section 119.071, Florida Statutes. However, certain exemptions to the Public Records Law are statutorily provided for under sections 119.07 and 119.071, Florida Statutes, and other applicable laws. If the Bidder believes any of the information contained in its response is exempt from the Public Records Law, including trade secrets as defined by Florida law, the Bidder must, in its response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption; otherwise, the CITY will treat all materials received as public records. Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Bidder on behalf of the CITY, Bidder shall: (a) keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes ("Public Records"), required by the CITY to perform the work contemplated by this Agreement; (b) upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida Statutes, or as otherwise provided by law; (c) ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion or termination of this Agreement, if Bidder does not transfer the records to the CITY in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the CITY, in its sole and absolute discretion, requests that all Public Records in possession of Bidder be transferred to the CITY, Bidder shall transfer, at no cost, to the CITY, all Public Records in possession of Bidder within thirty (30) days of such request or (ii) if no such request is made by the CITY, Bidder shall keep and maintain the Public Records required by the CITY to perform the work contemplated by this Agreement. If Bidder transfers all Public Records to the CITY pursuant to (d)(i) above, Bidder shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements within thirty (30) days of transferring the Public Records to the CITY and provide the CITY with written confirmation that such records have been destroyed within thirty (30) days of transferring the Public Records. If Bidder keeps and maintains Public Records 8 ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services pursuant to (d)(ii) above, Bidder shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology of the CITY. If Bidder does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable amount of time, the CITY may pursue any and all remedies available in law or equity including, but not limited to, specific performance. The provisions of this section only apply to those tasks in which Bidder is acting on behalf of the CITY. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Telephone number: (407) 327-6560 ext. 7003 E-mail address: cityclerkdepartment@winterspringsfl.org E-Verify Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any CITY contractors shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. CITY contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Bidder stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract, and shall result in the immediate termination of a contract without penalty to the CITY. Bidder shall be liable for all costs incurred by the CITY securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the Bidder utilizes subcontractors the following shall apply: Bidder shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. Bidder shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. Bidder shall provide a copy of all subcontractor affidavits to the CITY upon request and shall maintain a copy for the duration of the Agreement. Additional Information Additional information may be obtained from the Procurement Manager, (407) 327-7581, or from any other individual listed on the ITB cover letter. Modification and Withdraw Bids may not be modified after submittal. Bids may be withdrawn at any time prior to the deadline. Withdrawal requests shall be made in writing and must be received by the CITY's Procurement Manager before the time and date stated or, as amended, for the Bid Opening. Properly withdrawn Bids will be returned unopened to the Bidder submitting the Bid. A Bidder who timely withdraws its Bid may submit a new Bid in the same manner as specified herein under "Submission of Bid." A Bid submitted in place of a withdrawn Bid shall be clearly marked as such on the outside of the envelope and on the Bid Form. If a Contract is not awarded within 90 calendar days after opening of Bids, a Bidder may file a written request with the CITY's Procurement Manager for the withdrawal of its Bid. 9 ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services Prohibition on Gifts to City Employees and Officials No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any CITY employee, as set forth in Chapter 112, Part III, Florida Statutes, the current CITY Ethics Ordinance, and CITY Administrative Policy. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with CITY staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the CITY for a specified period of time, including but not limited to: submitting bid/Proposals, RFP, and/or quotes; and, C. Immediate termination of any contract held by the individual and/or firm for cause. Discrimination An entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid, Proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a Bid, Proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids, Proposals, or replies 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. Federal Reauirements This contract may be funded in whole or in part with federal funding. As such, federal laws, regulations, policies and related administrative practices shall apply to any contract negotiated with a selected firm as required by federal law. The most recent of such requires, including any amendments made such the submission of the Bid, shall apply, unless federal government determines otherwise. The federal government requirements contained in the most recent version of the Uniform Administrative Requirements for federal awards (Uniform Rules) codified at 2.C.F.R, Part 200, including any certifications and contractual provisions required by any federal statutes or regulations referenced therein to be included in this contract are deemed incorporated herein by reference and shall be incorporated into any sub -agreement or subcontract executed by the Bidder pursuant to its obligations under federal law. 10 ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services PART III SPECIFIC BID REQUIREMENTS For ITB 05-24-02 BI Rough Cut Mowing & Tilling Services Format To assure consistency, Bids must conform to the following format: A. Bidder Information and Acknowledgement Form B. Table of Contents C. Introduction Letter D. Qualifications E. Other Information F. Cost & Time G. Mandatory Bid Forms H. Florida State Corporate Filing Section A — BIDDER Information and Acknowledgement Form 1. Use the form provided in the Mandatory Bid Form titled "BIDDER INFORMATION AND ACKNOWLEDGEMENT FORM." (See Proposal Form 1) Section B —Table of Contents 1. Identify Bid material by section and page number. Section C — Introduction Letter 1. Summarize the key points of the Bid including an understanding of the scope of work. Must be signed by an authorized official of the Bidder. Section D —Qualifications 1. General — Provide general information about the Bidder, including size, office location(s), and structure of Bidder. Identify and explain any significant changes in organizational structure, ownership, or management both firm -wide and within Fixed Income/ Public Finance during the past five (5) years. 2. Bidder Experience — Describe the Bidder's experience with providing Rough Cut Mowing & Tilling services, focus on the Bidder's experience with such services for municipalities 3. Team Experience — Identify key members of Bidder's team that will service the CITY. Identify key contact/project manager. Provide brief resumes for key team members that will service the CITY as an Appendix. 4. References— Use the form provided in the Mandatory Bid Form titled "REFERENCE INFORMATION FORM" 5. Conclusion — Briefly summarize why Bidder should be selected, including why Bidder is pursuing the City of Winter Springs' business. In short, summarize what makes Bidder different and why the CITY should select Bidder above all others. Section E - Other Information This section should address any other information necessary for a full understanding of Bidder's services. Please provide relevant information on any additional services offered by Bidder. 11 ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services Section F — Cost and Time This section must clearly state the cost and estimated completion time, if applicable, associated with the project. Use Appendix A: Cost Proposal Worksheet. Section G — Mandatory Bid Forms 1. Fill out and return the forms provided; Bidder Information and Acknowledgement Form, References Information Form, Insurance Requirement Form, Scrutinized Company Certification, Non -Collusion Affidavit of Prime Respondent, Drug Free Workplace Form, Public Entity Crimes Statement, E-Verify Statement, Conflict of Interest Statement, SMWBE Utilization Plan and Appendix A Cost Proposal Worksheet. Section H — Florida State Corporate Fili 1. All Bids must be signed with the Bidder's name and by an officer or employee having authority to bind the Bidder by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of corporate signer must be included with the submittal with the Bid. Use Sunbiz website screen shot or include a copy of Corporate Resolution or a Power of Attorney. 12 ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services MANDATORY BID FORMS Proposal Form 1 - Bidder Information and Acknowledgement Form Proposal Form 2 - References Information Form Proposal Form 3 - Insurance Requirements Form Proposal Form 4 - Scrutinized Company Certification Proposal Form 5 - Non -Collusion Affidavit Proposal Form 6 - Drug Free Workplace Form Proposal Form 7 - Public Entity Crimes Statement Proposal Form 8 - E-Verify Statement Proposal Form 9 - Conflict of Interest Statement Proposal Form 10 - SMWBE Utilization Plan Appendix A - Cost Proposal Worksheet Appendix C - Bid Bond Agreement Mandatory forms must be submitted with the Bid. Failure to submit forms may disqualify the Bidder from the ITB Appendix B Location Details (Not a Mandatory Form To Return) ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services BIDDER INFORMATION AND ACKNOWLEDGEMENT FORM For ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services The undersigned Bidder does hereby agree to furnish the City of Winter Springs, Florida, the items listed in accordance with the minimum requirements/evaluation criteria shown by the Invitation To Bid to be delivered to the specified site for the price indicated. IT IS THE BIDDER'S RESPONSIBILITY TO CHECK www.demandstar.com FOR FINAL DOCUMENTS AND ADDENDA BEFORE SUBMITTAL THIS BID MUST BE SIGNED BY THE PRINCIPAL OR DIRECTOR AS INDICATED BY THE FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS (www.sunbiz.org). Proof of corporate signer must be submitted with Bid. If not submitted, Bidder will be considered non -responsive. Use Sunbiz website screen shot or copy of Corporate Resolution or Power of Attorney. BIDDER NAME: TAX ID# SNN or EIN: BIDDER ADDRESS: PURCHASE ORDER ADDRESS: PHONE NUMBER: COMPANY WEBSITE: COMPANY CONTACT (REP): CONTACT EMAIL ADDRESS: SIGNATURE: THE UNDERSIGNED: A. Acknowledges receipt of: 1. ITB # 05-24-02 BI 2. Addenda: Number: Number: Pertaining To: Rough Cut Mowing & Tilling Services Dated Dated B. Has examined the site and all ITB Documents and understands that in submitting its Bid, they waive all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 90 calendar days after the Bid opening date. 2. To furnish the services specified in this ITB at the prices quoted in the Bid and in compliance with the ITB Documents. 3. To accept the provisions of the Instructions to Bidders. 4. To negotiate a contract with the CITY incorporating the Bid prices, if selected on the basis of this Bid. 5. To accomplish the work in accordance with the contract documents. D. Certifies: 1. That all information contained in this Bid is truthful to the best of my knowledge and belief. 2. That I am duly authorized to submit this Bid on behalf of the Bidder and that the Bidder is ready, willing, and able to perform if awarded the Bid. Stipulated Amount A. Submit on Cost Proposal Worksheet, Appendix A. ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services REFERENCE INFORMATION FORM ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services Organization: Contact Person: Address: City: State: Zip: Phone Number: Project Cost: Date Performed: Organization: Contact Person: Address: City: State: Zip: Phone Number: Project Cost: Date Performed: Organization: Contact Person: Address: City: State: Zip: Phone Number: Project Cost: Date Performed: Bidder Representative Typed Name/Title: Bidder Representative Signature: Bidder: ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services INSURANCE REQUIREMENTS FORM Insurance Type Required Limits M J 19 J J C Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits Compensation Employer's Liability $1,000,000 each accident, single limit per occurrence Commercial General $1,000,000 single limit per occurrence Liability $3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability. (Occurrence Form) This shall include Premises and Operations; Independent Contractors; Products & Completed patterned after the Operations & Contractual Liability. current ISO form To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless City of Winter Springs, its officers and employees from any and Indemnification all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Winter Springs. Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included. Other Bidder shall ensure that all subcontractors comply with the same insurance requirements that it is required to meet. The same Bidder shall provide the CITY with certificates of insurance meeting the required insurance provisions. The City of Winter Springs must be named as "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The Certificate Holder shall be named as City of Winter Springs. Thirty (30) days cancellation notice required. The undersigned Bidder agrees to obtain, prior to award, if selected, insurance as stated above. Bidder Authorized Signature Officer Title Date ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services SCRUTINIZED COMPANY CERTIFICATION Florida Statutes, Sections 287.135 and 215.473 Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not, bid on, submit a Bid for, or enter into or renew a contract with the CITY for goods or services of: a. Any amount if, at the time of submitting a Bid for, or entering into or renewing such contract, the Bidder is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or b. One million dollars or more if, at the time of bidding on, submitting a Bid for, or entering into or renewing such contract, the Bidder: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473; or Is engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. The Bidder must submit this required certification form attesting that it is not a scrutinized company and is not engaging in prohibited business operations. The following shall be grounds for termination of the contract at the option of the awarding body: a. The Bidder is found to have submitted a false certification; been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; b. Been placed on the Scrutinized Companies that Boycott Israel List or c. Is engaged in a boycott of Israel; or d. Been engaged in business operations in Cuba or Syria. The CITY shall provide notice, in writing, to the Bidder of any determination concerning a false certification. a. The Bidder shall have five (5) days from receipt of notice to refute the false certification allegation. b. If such false certification is discovered during the active contract term, the Bidder shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. c. If the Bidder does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes. ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR BID RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL RENDER YOUR BID SUBMITTAL NON -RESPONSIVE. a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; and c. For contracts of one million dollars or more, the Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and, further, are not engaged in business operations in Cuba or Syria; and d. If awarded the Contract, the Vendor, owners, or principals will immediately notify the CITY in writing if any of its company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria. STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ( ) physical presence or ( ) online notarization, this day of , 2024 by produced Notary Public: Print Name: My Commission Expires: the of ( ) who is personally known to me or ( ) who as identification. ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services NON -COLLUSION AFFIDAVIT of PRIME BIDDER STATE OF COUNTY OF (1) He/she is , being duly sworn, deposes and says that: roll Title PROPOSER The Bidder that has submitted the attached response. (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such solicitation. (3) Such Bid is genuine and is not a collusive or sham solicitation. (4) Neither the Bidder nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other Bidder, firm or person, to submit a collusive or sham response in connection with the ITB for which the attached Bid has been submitted or to refrain from proposing in connection with such ITB, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the proposed price or the proposed price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Winter Springs, Florida, or any person interested in the proposed Agreement. (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties of interest, including affiant. (Signed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this by who is (_) personally known to me or (_) who has produced and who (did / did not) take an oath. (Signature of Notary Public) (Title) as identification (Name of Notary Typed, Printed or Stamped) Notary Public (Commission Number) ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services DRUG FREE WORKPLACE FORM The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Bidder) 1. Publish 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. Inform 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. Give each employee engaged in providing the commodities or contractual services that are under contract a copy of the Drug -Free statement. 4. Notify the employees that as a condition of working on the commodities or contractual services that are under contract, employee 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 (S) days after such conviction. 5. Impose a sanction on, or require 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. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 7. As the person authorized to sign the statement, I certify that this business complies fully with the above requirements. (Authorized Signature) (Print/Type Name as Signed Above (Date) ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services PUBLIC ENTITY CRIMES STATEMENT SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid for ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services. 2. This sworn statement is submitted by (Bidder) is Social Security Number: 3. My name is whose business address is and (if applicable) Federal Employer Identification Number (FEIN) (If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your and my relationship to the Bidder named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(a) (g). Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida Statutes, means finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means: • A predecessor or successor of a person convicted of a public entity crime; or • An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The City of Fernandina Beach, Florida ownership by one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that one person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with, the Department of General Services.) ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services PUBLIC ENTITY CRIMES STATEMENT cont. Signature STATE OF COUNTY OF Date: PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this _ day of , 2024, and is personally known to me, or has provided Notary Public as identification. My Commission expires: ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services E-VERIFY STATEMENT Bid Number: ITB # 05-24-02 BI Project Description: Rough Cut Mowing & Tilling Services Bidder acknowledges and agrees to the following: Bidder shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: 1. All persons employed by the Bidder during the term of the Contract to perform employment duties within Florida; and 2. All persons assigned by the Bidder to perform work pursuant to the contract with the CITY. Bidder: Authorized Signature: Title Date: ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services CONFLICT OF INTEREST STATEMENT This sworn statement is submitted with Bid for ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services This sworn statement is submitted by (Bidder) whose business address is and (if applicable) Federal Employer Identification Number (FEIN) is If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number: My name is and my relationship to theBidder named above is 1. The above -named Bidder is submitting a Bid for the City of Winter Springs. 2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her own knowledge. 3. The Affiant states that only one submittal for the above Bid is being submitted and that the above -named Bidder has no financial interest in other entities submitting Bids for the same project. 4. Neither the Affiant nor the above- named Bidder has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the Bidder's submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 5. Neither the Bidder nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 6. Neither the Bidder nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. 1 certify that no member of the Bidder's ownership or management is presently applying for an employee position or actively seeking an elected position with the City of Winter Springs. 8. 1 certify that no member of the Bidder's ownership or management, or staff has a vested interest in any aspect of the City of Winter Springs. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above -named Bidder, will immediately notify the City of Winter Springs. Signature STATE OF COUNTY OF Date: PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this _ day of has provided Notary Signature as identification. My Commission expires: 2024, and is personally known to me, or ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services SMWBE UTILIZATION PLAN Small, Minority, and Women's Business Enterprises (SMWBE), and Labor Surplus Area Firms Utilization Bidder Company Name: Project Name : Rough Cut Mowing & Tilling Services RFP Number : ITB # 05-24-02 BI CFR §200.321 requires local governments to take all necessary affirmative steps to assure that minority business, women's business enterprises, and labor surplus area firms are used when possible. The CITY requires that Bidders (Prime Contractors), if subcontracts are to be let, to take the five affirmative steps as cited below. Please describe your firm's plan for identifying and potential use of SMWBE and Labor Surplus Area Firms. Additional pages may be attached, as necessary. • Placing qualified small and minority business and women's business enterprises on solicitation lists. • Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. • Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business and women's business enterprises. • Establishing delivery schedules where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises and veteran owned businesses. • Using the services and assistance, as appropriate, of such organizations as the Small Business Administration or the Florida Office of Supplier Diversity https.11www.dms.myflorida.com/agency administration/office-of supplier diversity_osd ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services Appendix A COST PROPOSAL WORKSHEET GROUP A Cost/Month Owasco Ponds Dayron Ponds Site 17 Ponds * see note Mt Greenwood Ponds Site 16 Spray Fields * see note Oak Forest Spray Fields West Reclaim Plant Water Plant 1 Greenbrier Easement Papaya Easements Shore Easement GROUP B Cost/Treatment Owasco Pond 1 Owasco Pond 2 Owasco Pond 3 Owasco Pond 4 Dayron Pond 1 Dayron Pond 2 Dayron Pond 3 Dayron Pond 4 Dayron Pond 5 Site 17 Pond 1 Site 17 Pond 2 Site 17 Pond 3 Mt Greenwood Pond 1 Mt Greenwood Pond 2 Irrigation System: 1) Inspection Cost $ 2) Repair Costs: Routine Treatment Rough Cut & Weed Eat Fenceline March 1st- September 30th - Every2weeks October 1st- Feb 28/29th - Monthly * Cost to include Monthly Irrigation System inspection Report & Perform Repairs - Cost (Material = cost+ 15%) Tilling services on an as ordered basis 3 business day advance notice Labor Cost $ /Hour Material Cost Actual Cost + 15% Handling Fee Bidders are invited to submit per unit pricing on any other optional/ancillary services which it offers and which may be of interest to the CITY. ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services Appendix B LOCATION DETAILS City of Winter Springs Mowing & Tilling Locations Site/Location GROUP A Acreage Fence Line (Feet) Owasco Ponds 16.08 4,216 Dayron Ponds 7.79 3,392 Site 17 Ponds 2.61 2,858 Mt Greenwood Ponds 13.61 3,357 Site 16 Spray Fields 15.29 5,210 Oak Forest Spray Fields 35.25 5,315 West Reclaim Plant 7.78 8,546 Water Plant 1 6.39 6,000 Greenbrier Easement 0.79 1,362 Papaya Easements 4.45 4,505 Shore Easement 1.39 NA GROUP B Acreage Owasco Pond 1 1.59 Owasco Pond 2 1.92 Owasco Pond 3 1.27 Owasco Pond 4 1.19 Dayron Pond 1 1.58 Dayron Pond 2 1.71 Dayron Pond 3 1.47 Dayron Pond 4 1.24 Dayron Pond 5 2.16 Site 17 Pond 1 1.07 Site 17 Pond 2 1.58 Site 17 Pond 3 1.02 Mt Greenwood Pond 1 2.47 Mt Greenwood Pond 2 2.30 Routine Treatment Rough Cut & Weed Eat Fenceline March 1st - September 30th - Every 2 weeks October 1st- Feb 28/29th - Monthly Tilling services on an as ordered basis 3 business day advance notice ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services APPENDIX B (cont.) Aerial Views ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services k F.� 1p o rd r e+ is ` e' �r v (1 O a n 40 a �F` 31a 0 .b r Waft ' P 00 Q v N m '0 E co , 1 Y1 m 0 y � t� 1 � W4" �! r Y:.� 3■ Q*A ' OJ ❑O X m n " r Ckit 6 Vw _ Y 6, 1 �A IY 4,1f w1• OVPKZlAAAnnn x ro a ' DHAUOL4 bOVID2 lk r rl � . -,r,w • • -103 n 10 E low i Appendix C BID BOND FORM KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby and firmly bound unto the CITY OF WINTER SPRINGS as OWNER, in the penal sum of Dollars ($ ) for the payments of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF WINTER SPRINGS a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Work described as: Rough Cut Mowing and Tilling Services NOW, THEREFORE, if the Principal shall not withdraw said Bid within 90 days after the opening of the same, or in the alternate, if said Bid shall be accepted and the Principal shall execute and deliver required certificates of insurance and a contract that, at minimum, includes the terms of the Form of Agreement attached hereto (properly completed in accordance with said Bid), and shall give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then this obligation shall be void; otherwise the same shall remain in force and effect and the sum herein stated shall be due and payable to the CITY OF WINTER SPRINGS and the Surety herein agrees to pay said sum immediately, upon demand of the CITY OF WINTER SPRINGS, in good and lawful money of the United States of America, as liquidated damages for failure of the Principal; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the OWNER may accept such Bid; and said Surety does hereby give waive notice of any such extension. ITB # 05-24-02 131 Rough Cut Mowing & Tilling Services IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this day of , 2024, the name and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 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