R92-147RESOLUTION NO. R92-/~7
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AWARDING THE 5~ARTIN LUTHER KING JR.,
TREE PLANTING PROGRAM BID TO TREEMAN
LANDSCAPE FOR BASE I AND THE FIRST SIX
(6) MONTHS OF BASE II; AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A SMALL BUSINESS TREE PLANTING
PROGRAM GRANT AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES; A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton
~each has determined that it is in the best interest of the
~ity to award the bid for Base I and the first six (6)
lonths of Base II to Treeman Landscape;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
THE CITYOF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of
;oynton Beach hereby awards the bid for Base I and the first
3ix (6) months of Base II to Treeman Landscape and
~uthorizes and directs the Mayor and City Clerk to execute
~n agreement between the City of Boynton Beach and the State
)f Florida Department of Agriculture and Consumer Services,
copy of which Agreement is attached hereto as Exhibit "A".
Section 2. This Resolution
mediately upon passage.
shall take effect
PASSED AND ADOPTED this ~ day of September, 1992.
.TTEST:
CITY OF BOYNTON BEACH, FLORIDA
Commissio~r
iCOrpO!rate Seal)
~LKi~tant
~/2~/92
COMPUTERLAND OF:
Oompute Land®
SERVICE AGREEMENT
SUMMARY OF CONTRACT PROVISIONS
AGREEMENT IS MADE AS OF THE
OF ~,~ * Z~le~,~j~
~HEREIN REFERRED TO AS "CUSTOMER").
DAY OF , 19 BY AND BETWEEN COMPUTERLAND
(HEREIN REFERRED TO AS "C~UTERLAND") AND ~'~/-
ComputerLand agrees to provide the maintenance services listed below for the equ pment described below and in accord-
ance with the conditions set forth in the attached SERVICE AGREEMENT. The level of service provided by ComouterLand will
be limited to those services that are marked in the following paragraph.
~'c~ hOUR.
EQUIPMENT TO BE S~RVICED (SYSTEM COMPONENTS COVERED)
DESCRIPTION
COMPONENT/MODEL LOCATION
EFFECTIVE DATE:
CUSTOMER: CI~Z OF BO'fNTON B.EAC~I
The City of Boymton Beach will be comside~ as the
"Department" and yo~, thl~ contractor, as t~ "Grantee".
This agreement, made and entered into this ~f day of ~-,~ , 1992 by
and between the STA~ (IF I~YD~ ~EPA~T OF .~C'~l~TCJ]J.~mr~ ~ I:~lJb-"J]J,J]l~ ~K¥If~t~, a
component agency of the State of Florida, hereinafter called the "Department" and City of
Boyntom BeaCh, hereinafter called the '¢Grantee''.
WITNESSETH:
W~S, the Department desires to increase tree planting on public lands within the
State of Florida by granting funds to the Grantee for the purpose of planting trees as
outlined in grant application Number SBA-15, inct,,~-a herein as Exhibit i and by
reference made a part hereof;
WhL~, the DepaLtment and the Grantee are of the opinion that the citizens of the
state would benefit from environmental i~rovement end the beautification of our
co~anities and rural areas through the planting of trees;
WH~.~A~, the parties hereto mutually recognize the benefits of such a project as
described in the Small Business Tree Planting Program Grant Application and the need for
entering into an agreement designating and setting for~ah the responsibilities of each
party;
NOW TH~ORE, for and in consideration of the mutual benefits that flow each to the
other, the parties covenant and agree as follows:
1. The effective date of this agreement is ~=~;-~_~,;~ =~, /~g.F
The Grantee shall complete the project by September 30, 1992 as set forth in the
Small Business Tree Planting Program Program Almptication No. SBA-15 and approved
by the Department on October 21, 1991. during which time the grant shall
continue in effect. The criteria for the project is set forth therein. The
final date by which such criteria must be met for co~letion of this.agreement
is September 30, 1992. The project to be perfo£~ad by the Grantee shall be
subject to periodic inspections by the Department. The Grantee shall not change
or deviate from the project without written approval by the Department.
Payment shall be made following submittal of invoices on a quarterly basis. The
final payment shall not be made until certification of acceptance is received
from the Depai~t£~ant.
The Grantee may submit an invoice for final payment ~mmediately upon completion of
acceptance by the Department. (Base Proposal Only)
(a) Bills for fees or other compensation for services or expenses shell be submitted
in detail sufficient for a proper preaudit and postaudit thereof.
This Agre~=~t may be terminated m~der on~ of ~/m followlng ¢onditi~m:
(a)
By the Department, unilaterally, for refusal hy the grantee to allow public
access to all doc,~nts, papers, letters or o~ material subject to
Chapter 119, F.S. and made or received by the Gran~,e in conjunction with
this Agreement.
(b)
By the Department, if the Grantee fails to perform its duties under this
Agreement, following thirty (30) calendar days written notice by the
DepaL~ tment.
(o)
By the Grantee following sixty (60) calendar days written notice at such
time any submitted Certified Cashier's Check and any remaining funds of a
100% Performance Security Fee will be forfeited by the Grantee.
8. This Agreement may be terminated in writing by the parties accordin§ to the
terms of their Agreement.
The Grantee covenants and agrees that it will indemnify and hold harmless the
Department and all of the Depart~nt's officers, agents and employees from any
claim, action, neglect or omission by the Grantee during the performance of the
Agreement, whether direct or indirect and whether any person or property to
which the Department or said parties may he subject, except that
neither the Grantee nor any of its sub-contractors will be liable under this
paragraph for damages arising out of injury or H~m~ge to persons or property
directly caused or resulting from the sole negligence of the Department or any
of its officers, agents or employees.
10.
This Agreement embodies the entire agreement and understanding between the
parties hereto and there are no other agreements or understandings, oral or
written, with reference to the subject matter hereof that are not superseded
hereby.
11. This Agreement may not be assigned or transferred by the Grantee, in whole or in
part without the expressed written consent of the Department.
12. This Agreement, regardless of where executed, shall be governed by and construed
in accor~ce with the laws of the State of Florida.
13.
All notices, d-~mnds, requests or other instruments shell he given by depositing
the same in the U.S. mail, postage prepaid, registered or certified with return
receipt requested, or by telex (FAX) or telegram.
All time limits provided hereunder shall run from the date of receipt of all mailed
notices, d~.mnds, requests and other instrume~nts, or from the date telexed or rs-xed.
{ 28
IN ~ t~D~, the CITY has cause~ these pr~ to he signe~ by its Mayor an~
~C~ty Manager, attested by the City clark with tha C~ra~ ~ of the said CITY and the
CONTRACTOR has executed these presents the day and year herein before written.
Signed, sealed and witnessed
in presence of:
Attest:
~ City Clerk -
CITY OF BOYNTON BEACH, FLO~rn&
City Manager
Mayor
Approv a t o
City AttW/rney
Signed, sealed and witnessed
in presence of:
CONTRACTOR
P~e~idest or Vice'resident
Attest as to Contractor
State of Florida
County of Palm Beach
)
)
Personally appeared before me duly authorized to administar oaths
me known to be ~he persons described herein and who executed the foregoing instrument
and have acknowledged before me and they have executed same.
My Commission Expires:
Notary Public
(c)
25
Records of costs incurred ~d~r t~r~s of this lgreeaent sl~ll be ~intained ami
mdc available upon request to the Delmrt~mt at all ti~as ~urin~ ~ period of
this tgre~nt and for three years after final payment is ~le. Copies o~ these
documents and records shell be furnished to the Department upon request.
Records of costs incurred include all records of the costs of the Grantee and
subcontractors considered necessary by the Department for a proper audit of the
project.
All pay requests (invoices) must be submitted to the Landscape Architect for
approval prior to ~,}-,ission to the Owner for pays-hr. Approval shall be based
on the acceptable work actually installed as it relates to the Plans and
Specifications. Authorized changes shall bm paid for according to the approved
quantity including approved additions or deletions, utilizing the unit price
schedule.
(a) Contractor will be paid on a quarterly basis (every 3 months) based upon the
approval of periodic inspections by the Parks Department.
(b)
The final date by which project is to be completed is SEPT~HBE~ 30, 1992. The
If project is not completed by date set forth, the Contractor shall agree also
to pay as liquidated damages, the sum of $100.00 for each consecutive day
thereafter as provided herein under the "SUPPL~ ][~-fl~ ~O ~
BIDD~"~g". If project is not completed by date set forth, Contractor forfeits the
return of his/her Certified Cashier's Check in the smount 5% of Total Proposal
Price.
(c)
Upon submittal of a quarterly invoice, based on the Horticultural/Community
Improv~ent Coordinator's inspection(s) and it is found that the required
Plant/Site Maintenance ~s not met specifications, a 10% retaiuage fee will be
withheld. Upon the receipt of the following (second) quarterly invoice, and it
is found required Plant/Site Maintenance has been brought to an acceptable
standard, the past quarterly 10% retainage fee will be refunded to contractor.
If it is found that the required Plant/Site Maintenance in the second invoicing,
another t0% retairmge fee will be withheld and kept by the Owner (City of
Boynton Beach).
(d)
At the begirming of each contract year, one-third (1/3) of the total Base II-
three (3) year Maintenance activities - proposal amount in the form of a 100%
Perfo~ance Security fee (check) will bm required. This amount will be refunded
to Contractor in quarterly payments at time of quarterly invoicing.
The Grantee shall maintain the project in a responsible ma-ncr and with due
care in accordance with the below-listed "Project Standards" for the property
owned by City of Boynton Beach or Palm Beach County and located at:
A) Martin Luther King Jr. Blvd.(N.E. 10th Ave.) Right-of-Way
B) Martin Luther King Park
C) Palm Beach County Site #1 and #2 (as shown in exhibit)
D) City of Boynton Beach Site #3 (as shown in ex~hibit)o
26
Specifically, the Grantee accepts the below-listed ~ihilities ~nd duties:
(a) Proper waterin~ and proper fertilization of all trees and keeping them as free
as practical from disease and herF~ful insects.
(b) Proper mulching of tree beds (Reapply mulch at 90 days to all planted areas).
(c) Keeping the p~emises free of weeds
(d) Proper pruning of all trees or pruning such parts thereof which present a k~zard
(e) Removing or replacing dead or diseased trmes and plants in their entirety, or
removing and replacing those that fall below original Project Standards.
The Grantee agrees to repair, remove or replace, at its own expense, all or part of
the pro~ect that falls below Project Standards. In the event any trees must be L=moved
and replaced for whatever reason, then they shall be replaced by trees of the same grade,
size and specification as provided in the original plans for the project (minimum
requiL-..-~n, ts for plant materials are Florida Grade No. 1 or better). Furthermore, the
Grantee shall keep litter removed from the project area. The above-named functions to be
performed by the Grantee shall be subject to periodic inspections ~rj the Department. It
is the intent of the parties hereto that the owner of the property described in the fir~-t
sentence of section 4. shall be the owner of the planting and other installations
included and stipulated in the grant application comprising the project.
The Grantee may agree to maintain trees planted as a part of the project at the
Grantee's expense for a period of three years from the date of certification of
acceptance by the Depare~nt (See Alternate Proposal).
The Three (3)-Year Maintenance (Alternate Proposal) Grantee agrees to submit to
the Department an interim report on project accomptlshn~nts by March 1, 1993 and
a final report summarizing project accomplishments as a prerequisite to final
acceptance by the Department. Payment to be released annually over a 3 year
period.