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HomeMy WebLinkAboutCRA-R-11-0018 03-28-2011 Backup (Original Contract)City of Miami Legislation CRA Resolution: CRA-R-10-0005 DOCU PO TATG oN 3500 Pan American Miami, FL 33133 www.miamigov.com File Number: 09-01192 Final Action Date: 2/11/2010 A JOINT RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS") AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE LOWEST RESPONSIVE BIDDERS FOR: (1) CRA LANDSCAPE MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $43,412; (2) CLEANING OF CRA PARKING LOTS IN AN AMOUNT NOT TO EXCEED $14,400; AND (3) CLEANING OF CRA SIDEWALKS IN AN AMOUNT NOT TO EXCEED $20,000; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS AS FOLLOWS: $65,586 FROM SEOPW TAX INCREMENT FUND, "OTHER CONTRACTUAL SERVICES -LANDSCAPING SERVICES," ACCOUNT CODE NO. 10050.920101.534000.0000.00000, AND $12,226 FROM OMNI TAX INCREMENT FUND," OTHER CONTRACTUAL SERVICES -LANDSCAPING SERVICES," ACCOUNT CODE NO. 10040.920101.534000.0000.00000. WHEREAS, the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies ("CRAs") are responsible for carrying out community redevelopment activities and projects within their Redevelopment Areas in accordance with their respective Redevelopment Plans; and WHEREAS, Section 2, Principle 10, at page 16, of the 2009 Southeast Overtown/Park West Redevelopment Plan prescribes that "streets and buildings must be attractive" as a guiding principle for redevelopment; and WHEREAS, Section 4.4, at page 42, of the 2009 Omni Redevelopment Plan lists "[e]nhanc[ing] the area's visual attractiveness to businesses and residents" as a stated redevelopment objective; and WHEREAS, the CRAs maintain properties which require maintenance every two weeks, including landscaping and clearing of trash and debris; and WHEREAS, the SEOPW CRA also owns three (3) public parking lots in Overtown (P-2, P-3 and P-4) which require daily cleaning services; and WHEREAS, the sidewalks in the redevelopment areas require pressure cleaning, including the removal of dirt, mold, mildew, and gum on an as needed basis; and WHEREAS, on October 6, 2009, the CRA published Request for Service No. 09-01 for CRA landscape maintenance services, No. 09-02 for cleaning of CRA parking lots, and No 09-03 for pressure cleaning of CRA sidewalks; and WHEREAS, the CRA received responses from eight bidders for each Request for Service; and City of Miami Page 1 of 2 File Id: 09-01192 (Version: 4) Printed On: 1/3/2011 File Number: 09-01192 Er SUPPORTING C11*T4ON WHEREAS, the lowest responsive bidders for each Request for Service were as follows: rJ5 09-01, landscape maintenance services, - SFM Services, Inc. at $43,412; No. 09-02, cleaning of CRA parking Tots, - BCLS Landscaping Group, Inc. at $14,400; and No 09-03, pressure cleaning of CRA sidewalks, - SFM Services, Inc. at $111.54 per block. WHEREAS, the low bidders will enter into an agreement with the CRA for one year and hold the bid price for two one year option periods; and WHEREAS, the Boards of Commissioners wish to authorize the execution of agreements with the lowest responsive bidders for Request for Service Nos. 09-01, 09-02, and 09-03; NOW, THEREFORE, BE IT RESOLVED BY THE BOARDS OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Execution of agreements with the lowest responsive bidders for: (1) CRA landscape maintenance services in an amount not to exceed $43,412; (2) cleaning of CRA parking lots in an amount not to exceed $14,400; and cleaning of CRA sidewalks in an amount not to exceed $20,000 are authorized. Section 3. The Executive Director is authorized to execute all documents necessary for said purpose, in a form acceptable to General Counsel. Section 4. Funds are to be allocated as follows: $65,586 from SEOPW Tax Increment Fund, "Other Contractual Services- Landscaping Services," Account Code No. 10050.920101.534000.0000.00000, and $12,226 from Omni Tax Increment Fund, "Other Contractual Services -Landscaping Services," Account Code No. 10040.920101.534000.0000.00000. Section 5. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 2 File Id: 09-01192 (Version: 4) Printed On: 113/2011 SUPPORTING DOCUMENTATION PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into as of the 0 day of !l f/i', 20 Oby and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (collectively referred to herein as the "CRA"), and SFM SERVICES, INC., a Florida corporation ("PROVIDER"). RECITALS A. WHEREAS, the CRA maintains properties, which require maintenance every two weeks, including landscaping and clearing of trash and debris; and B. WHEREAS, on October 6, 2009, the CRA published. Request for Service No. 09- 01 for landscape maintenance services; and C. WHEREAS, the CRA has determined that PROVIDER is the lowest responsive and responsible bidder; and D. WHEREAS, the Board of Commissioners of the CRA, by Resolution No. CRA- R-10-0005, passed and adopted. on February 11, 2010, authorized the execution of an agreement, in an amount not to exceed Forty -Three Thousand Four Hundred Twelve Dollars ($43,412), with PROVIDER for landscape maintenance services; and E. WHEREAS, the PROVIDER wishes to perform the professional services required by the CRA and the CRA wishes to engage the services of the PROVIDER on the terms and conditions set forth herein; 1 SUPPORTING DOCUMENTATION NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the PROVIDER and the CRA agree as follows: TERMS 1. RECITALS. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM. The term of this Agreement shall be for one (1) year, commencing on the date written above. The CRA shall have two (2) options to extend the term for a period of one year each, subject to availability and appropriation of funds, and CRA Board approval. 3. SCOPE OF SERVICES. a. PROVIDER agrees to provide the Services specifically described in Exhibit "A" attached hereto and hereby incorporated into and made a part of this Agreement. PROVIDER will only provide services related to those listed in Exhibit "A" for which a specific Notice to Proceed must be issued by the CRA. b. PROVIDER represents and warrants to the CRA that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Services; (ii) it is not delinquent in the payment of any sums due to the CRA, or the City of Miami, including payment of permit fees, occupational licenses, etc., not in the performance of any obligations to the CRA; (iii) all personnel assigned to perform the Services are, and shall be, at all times during the term hereof, fully qualified, licensed and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Exhibit "A." c. The PROVIDER agrees that it will not retain the services of additional subcontractors without obtaining the approval of the CRA which may be withheld in the CRA's sole discretion. Notwithstanding the CRA's approval rights hereunder, the PROVIDER 2 SUPPORTINGDOCUMENTATION acknowledges and covenants that it shall be responsible for all services performed by its subcontractors to the same extent as the PROVIDER had provided said services. 4. COMPENSATION. a. The amount of compensation payable by the CRA to the PROVIDER shall be based on the rates and schedules described in Exhibit `B" attached hereto, but only for the completion of tasks for which a Notice to Proceed has been issued; provided, however, that in no event shall the total amount of compensation paid to the PROVIDER exceed Forty -Three Thousand Four Hundred Twelve Dollars ($43,412), inclusive of all reimbursable expenses without written authorization from the CRA's Executive Director. b. Unless otherwise specifically provided in Exhibit `B," all payments due hereunder shall be made within thirty (30) days after receipt of PROVIDER's invoice, which shall be certified as to the percentage of completion of the tasks identified and described in Exhibit "A," and be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the CRA require one to be performed. Failure by PROVIDER to comply with this Section may cause a delay in payment by the CRA. 5. TIME FOR COMPLETION. The PROVIDER agrees to complete the Services in accordance with Exhibit "A." Any specific task related service described in Exhibit "A" shall continence within seven (7) days of the PROVIDER's receipt of a CRA Notice to Proceed. 6. OWNERSHIP OF DOCUMENTS. The PROVIDER understands and agrees that any information, document, report or any other material whatsoever which is given by the CRA to the PROVIDER or which is otherwise obtained or prepared by the PROVIDER pursuant to or under the terms of this Agreement is and shall at all times remain the property of the CRA. The PROVIDER agrees not to use any such information, document, report or material for any 3 DOCUMENTATION other purpose whatsoever without the written consent of CRA, which may be withheld or conditioned by the CRA in its sole discretion. 7. AUDIT RIGHTS. The CRA may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the CRA to the PROVIDER under this Agreement, audit, or cause to be audited, those books and records of the PROVIDER which are related to the PROVIDER's performance under this Agreement. The PROVIDER agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. 8. AWARD OF AGREEMENT. The PROVIDER represents and warrants to the CRA that it has not employed or retained any person or company employed by the CRA to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS. The PROVIDER understands that the public shall have access, at all reasonable times, to all documents and information pertaining to CRA contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the CRA and the public to all documents subject to disclosure under applicable law. The PROVIDER's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the CRA. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS. The PROVIDER understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. CRA and the PROVIDER agree to comply with and observe all 4 SUPP ING DOCUMENTATION applicable federal, state andlocal laws, rules, regulations, codes and ordinances, as may be amended from time to time. 11. SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the CRA, the PROVIDER may only seek specific performance of this Agreement and any recovery shall be limited to the amount set forth in Section 4(a) of this Agreement. In no event shall the CRA be liable to PROVIDER for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 12. LIMITATION OF LIABILITY. The CRA shall not be responsible for any errors in judgment made in good faith in the performance of its duties hereunder; provided, however, that nothing contained herein shall release the CRA of any responsibility it may have for claims based on the gross negligence or willful misconduct of the CRA. 13. INDEMNIFICATION. The PROVIDER shall indemnify and save the CRA and its officials, employees and agents (collectively referred to as "Indemnities") from and against, any and all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees), causes of action, or liabilities (collectively referred to as "Liabilities") arising out of, resulting from, or in connection with: (i) the perfoxuiance or non-performance of the Services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the PROVIDER or its employees, agents or subcontractors (collectively referred to as "PROVIDER"); (ii) the failure of the PROVIDER to comply with any of the paragraphs here; (iii) the failure of the PROVIDER to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement; or (iv) the defense of any such claim or in the investigation thereof, The 5 DOCUMENTATION PROVIDER expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all Liabilities which may be asserted by an employee or former employee of PROVIDER, or any of its subcontractors, as provided above, for which the PROVIDER's liability to such employee or former employee would otherwise be limited to payment under state Workers' Compensation or similar laws. 14. INSURANCE. The PROVIDER shall, at all times during the term hereof, maintain such insurance coverage described in Exhibit "C" attached hereto. All such insurance, including renewals, shall be subject to the approval of the CRA (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the CRA. Completed Certificates of Insurance shall be filed with the CRA, to the extent practicable, prior to the performance of services hereunder, provided, however, that the PROVIDER shall at any time upon request by the CRA file duplicate copies of the policies of such insurance with the CRA. If, in the reasonable judgment of the CRA, prevailing conditions warrant the provision by the PROVIDER of additional liability insurance coverage or coverage which is different in kind, the CRA reserves the right to require the provision by the PROVIDER of an amount of coverage different from the amounts or kind previously required andshall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the PROVIDER fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the CRA's written notice, this Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon 6 SUPP ING DOCUMENTATION such termination, the CRA shall pay the PROVIDER compensation for services rendered, and expenses incurred, prior to the date of termination but shall not be liable to the PROVIDER for any additional compensation, or for any consequential or incidental damages. 15. DEFAULT. If the PROVIDER fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then the PROVIDER shall be in default. Upon the occurrence of a default hereunder, the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to the PROVIDER, terminate this Agreement whereupon all payments, or other compensation paid by the CRA to the PROVIDER while the PROVIDER was in default shall be immediately returned to the CRA. The PROVIDER understands and agrees that termination of this Agreement under this section shall not release the PROVIDER from any obligation accruing prior to the effective date of termination. Should the PROVIDER be unable or unwilling to commence to perform. the Services within the time provided or contemplated herein, then, in addition to the foregoing, the PROVIDER shall be liable to the CRA for all expenses incurred by the CRA in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the CRA in the re - procurement of the services, including consequential and incidental damages. 16. DISPUTES. In the event of a dispute between the Executive Director of the CRA and the PROVIDER as to the terms and conditions of this Agreement, the Executive Director of the CRA and the PROVIDER shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the CRA's Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed. 7 to by the parties to this Agreement. The Board's decision shall be deemed final and binding on the parties. 17. CRA'S TERMINATION RIGHTS. a. The CRA shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to the PROVIDER at least five (5) calendar days prior to the effective date of such termination. In such event, the CRA shall pay to the PROVIDER compensation for services rendered and expenses incurred prior to the effective date of termination. Such payment shall be determined on the basis of the hours or the percentage of the total work performed by the PROVIDER up to the time of termination certified in accordance with the provisions of this Agreement. In the event partial payment has been made for professional services not performed, the PROVIDER shall return such sums to the CRA within ten (10) days after receipt of written notice that said sums are due. In no event, shall the CRA be liable to the PROVIDER for any additional compensation, other than that provided herein, nor for any consequential or incidental damages. b. The CRA may terminate this Agreement, without notice to the PROVIDER, upon the occurrence of an event of default hereunder. In such event, the CRA shall not be obligated to pay any amounts to the PROVIDER and the PROVIDER shall reimburse to the CRA all amounts received while PROVIDER was in default under this Agreement, 18. JURISDICTION. In case of any controversy or dispute arising out of this agreement, both parties agree and accept to be subjected to the jurisdiction and competence of the Administrative Authorities and Courts in Miami -Dade County Florida as the exclusive forum for such controversy or disputes forsaking any other jurisdiction which either party may otherwise be entitled to claim. 8 19. NONDISCRIMINATION. The PROVIDER represents and warrants to the CRA that the PROVIDER does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the PROVIDER's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. The PROVIDER further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 20. CONFLICT OF INTEREST. a. The PROVIDER is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1 et. seq.) and of the State of Florida as set forth in the Florida Statutes, and agrees that it will fully comply in all respects with the terms of said laws and any future amendments thereto. b. The PROVIDER covenants that no person or entity under its employ, presently exercising any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the CRA. The PROVIDER further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to services provided hereunder. Any such conflict of interest(s) on the part of the PROVIDER, its employees or associated persons, or entities must be disclosed in writing to the CRA. c. The PROVIDER shall decline proffered employment by another client(s) if the exercise of the PROVIDER's independent professional judgment on behalf of the CRA, on 9 any matter directly related to the Services, will be or is likely to be adversely affected by the acceptance of such proffered employment; provided, however, that the PROVIDER may represent a client(s) with an interest adverse to the CRA if the subject matter of such representation is not related to the Services described in this Agreement and if the CRA waives any conflict or alleged conflict with respect to such representation. Should the PROVIDER request the CRA's waiver of any conflict of interest, the PROVIDER shall provide to the CRA, in writing, all information pertaining to such potential conflict for the CRA's evaluation. d. The PROVIDER shall not delegate the substantive obligations to be undertaken hereunder to any person or entity who exercises any functions or responsibilities on his/her personal behalf or on behalf of any other client(s) if the subject matter of such representation is related to the Services and if such representation will or is likely to compete with the interests of the CRA, or adversely affect the interests of the CRA and the obligations undertaken by the PROVIDER hereunder. 21. ASSIGNMENT. This Agreement shall not be assigned by the PROVIDER, in whole or in part, without the prior written consent of the CRA's, which may be withheld or conditioned, in the CRA's sole discretion. 22. NOTICES. All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 10 DOCUMENTATIONSUPPOR G To CRA: Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies 49 N.W. 5th Street, Suite 100 Miami, FL 33128 Attn: James H. Villacorta Executive Director To PROVIDER: SFM Services, Inc. 9700 NW 79th Avenue Hialeah, FL 33016 Attn: Christian Infante Vice -President MISCELLANEOUS PROVISIONS 23. GOVERNING LAW. This Agreement shall be construed and enforced according to the laws of the State of Florida. 24. CAPTIONS. The captions or headings of the Sections and other subdivisions hereof are inserted only as a matter of convenience or for reference and shall have no effect on the meaning of the provisions hereof. 25. NONWAIVER OF DEFAULT. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing, 26. PARTIAL INVALIDITY. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terns and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. 11 DOCUMENTATION 27. INTERPRETATION. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 28. THIRD -PARTY BENEFICIARY. No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 29. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 30. INDEPENDENT CONTRACTOR. The PROVIDER has been procured and is being engaged to provide services to the CRA as an independent contractor, and not as an agent or employee of the CRA. Accordingly, the PROVIDER shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City of Miami, nor any rights generally afforded its classified or unclassified employees. The PROVIDER further understands that Florida 'Workers' Compensation benefits available to employees of the CRA are not available to the PROVIDER, and agrees to provide workers' compensation insurance for any employee or agent of the PROVIDER rendering services to the CRA under this Agreement. 12 SUPPORTING DOCUMENTATION 31. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds to the CRA, and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations. 32. ENTIRETY OF AGREEMENT. This Agreement and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 33. AMENDMENT AND RESCISSION. This Agreement shall not be modified or rescinded except by a written instrument setting forth such modification or rescission and signed by the parties hereto. 34. FORCE MAJEURE. a. Force Majeure shall mean an act of God, epidemic, lighting, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of public enemy, or blockade, insurrection, riot, civil disturbance or similar occurrence, which has a material effect adverse impact on the performance of this Agreement, and which cannot be avoided despite the exercise of due diligence. The term Force Majeure DOES NOT INCLUDE inclement weather (except as noted above) or the acts or omissions of subconsultants/subcontractors, third -party consultants/contractors materialmen, suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above. b. No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations, but the obligation of the party or parties relying on such 13 T DOCUMENTATION Force Majeure shall be suspended only during the continuance of any inability so caused and for no longer period of said unexpected or uncontrollable event, and such cause shall, so far as possible, be remedied with all reasonable dispatch. c. It is further agreed and stipulated that the right of any party hereto to excuse its failure to perform by reason of Force Majeure shall be conditioned upon such party giving, to the other party or parties, written notice of its assertion that a Force Majeure delay has occurred as soon as practicable after the occurrence but not later than ten (10) working days after the occurrence, unless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any party's right to justify any non-performance as caused by Force Majeure unless the failure to give timely notice causes material prejudice to the other party or parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] 14 SUPPOR G DOCUMENTATION A. ON IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized as of the day and year above written. WITNESS: Signature Print Signature (\pa,,nes 6 Print AT I EST: Priscilla A, Thampson Clerk of the Bbard p "" APPROVED AS TO FORM AND CORRECTNESS: Julie O. CRA eneral Counsel • SFM SERVICES, INC., a Florida corporation ("PROVIDER") By: Christ. • i me Vice- ° resident SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") B es H. Villacorta' ecutive Dire�ct6r APPROVED -,AS TI INSURANCE REQUIREMENTS LeeAnn Brehm Director, Risk Management 15 SUPPORTING DOCUMENTATION OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") ATTEST: v.- By: Priscilla A. Thofnpson v Clerk of the Board 301 /6 APPROVED AS TO FORM AND CORRECTNESS: Julie O. B CRA Gei eral Counsel s H. illacorta cutive Directo APPROVED AS TO REQUIRE' NTS: (LeeABren irector, Risk Management rip, URANCE 16 SUPPORTING DOCUMENTATION SCHEDULE OF EXHIBITS EXHIBIT "A" SCOPE OF WORK EXHIBIT "B" COMPENSATION SCHEDULE EXHIBIT "C" INSURANCE REQUIREMENTS EXHIBIT "A" SCOPE OF WORK The work consists of maintenance visits to the properties, as described in Exhibit "B," every two weeks for a period of one year. The PROVIDER will be expected to keep the areas in a safe and clean condition, including: • cutting of grass, including trimming edges of grass for a clean appearance; • clearing weeds and filling flower beds and tree pits with soil and mulch, as needed; • fertilizing as needed, to keep plants and grass in good condition; • trimming of bushes, trees, and shrubs; • spraying paved areas and curbs (if applicable) with approved chemicals to prevent growth of weeds; • spraying the grass andtrees with approved pest control products to prevent infection; and • preventing the accumulation of debris, trash, paper, stagnant water, dense vines and underbrush, including removal of fallen branches. The PROVIDER must also verify the status of sprinkler heads, timers, and/or rain sensors to ensure that irrigation systems are fully operational. In addition, the PROVIDER shall furnish all labor, materials, and permits necessary to perform landscape maintenance services described above. 18 DOCUMENTATION EXHIBIT "B" Compensation schedule for CRA RFS No. 09-01— Landscape Maintenance Services Hourly Rate for Miscellaneous Work* Position. Hourly Rate Foreman $30.00 Laborer _ $22.00 * Labor is composed of 3-man Crew with truck trailer and equipment. 19 SUPPORTING DOCUMENTATION EXHIBIT "C" INSURANCE REQUIREMENTS I. Commercial General Liability (covering Bodily Injury and Property Damage) A. Limits of Liability 1. Each Occurrence $1,000,000 2. General Aggregate Limit $2,000,000 3. Products/Completed Operations $1,000,000 4. Personal and Advertising Injury $1,000,000 B. Endorsements Required 1. City of Miami, Southeast Overtown/Park West CRA, and Omni CRA included as an Additional Insureds 2. Employees included as insured 3. Independent Contractors Coverage 4. Contractual Liability 5. Premises/Operations 6. Explosion, Collapse and Underground Hazard 7. Loading and Unloading 1. Business Automobile Liability (covering Bodily Injury and Property Damage) A. Limits of Liability Combined Single Limit Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000 B. Endorsements Required: City of Miami, Southeast Overtown/Park West CRA, and Omni CRA included as an Additional Insureds III. Worker's Compensation A. Limits of Liability: Statutory -State of Florida B. Waiver of subrogation IV. Employer's Liability A. Limits of Liability 1. Bodily injury caused by an accident, each accident $1,000,000 2. Bodily injury caused by disease, each employee $1,000,000 3. Bodily injury caused by disease, policy limit $1,000,000 V. Professional/ Pollution liability A. Limits of Liability 1. Each Occurrence Limit $1,000,000 2. Aggregate Limit $1,000,000 20 SUPPORTING DOCUMENTATION The above policies shall provide City of Miami, the Southeast Overtown/Park West CRA & Omni CRA with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 21