HomeMy WebLinkAboutAgreement_General_7/13/2023_Terracon ServicesSECOND ADDENDUM TO THE AGREEMENT
FOR MOWING AND LANDSCAPING SERVICES
BY AND BETWEEN
THE VILLAGF OF TEQi ESTA
AN D
TERRACON SERVICES, INC.
THIS SECOND ADDENDUM, made and entered into this 13 day ol'iu-�-- 2023,
by and between the Village ol'Tequesta, Florida, a municipal corporation organized and existing
in accordance with the laws of the State of Florida with offices located at 345 Tequesta Drive,
Tequesta, Florida 33469, hereinafter referred to as the "Village", and Terracon Services, INC.. a
Florida corporation authorized to do business in Florida with principal offices located at 18241
131' Trail forth Jupiter, FL 33478 hereinafter referred to as the "Contractor" (and collectively
with the Village the "Parties"), both of whom agree that the current October 111, 2018 Agreement
for Mowing and Landscaping Services, entered into pursuant to Village of Tequesta RFP4 2018-
03PW, (hereinafter the "Agreement"), made and entered into by the Village and the Contractor
is hereby amended in the following manner:
Section 1: The Village and Terracon agree to the extension allowed under Section 5 of
the Agreement, this agreement is hereby extended and shall now expire September 30`h, 2028.
Section 2: Pursuant to section 2.9 Additional Locations or Facilities the Village and
Terracon agree to add the following service area,; to the existing services contract: Constitution
Park, Village Community Center, Village Water Plant, and Village Well Sites. Pricing for these
areas is detailed in Exhibits B-E attached hereto.
Section 3: All other Sections and recitals of the October 1", 2018, Agreement shall
remain in full force and et'tect.
Section 3: This Second Addendum shall be attached to the current Agreement and
shall become a part thereof.
IN WITNESS WHEREOF, the Contractor and the Village have signed and executed
this Second Addendum with an effective date m noted above.
Page 1 of 2
ATTEST
Corporate Secrctan,
ATTEST:
Lori Mc Williams, MMC
Village Clerk
(Corporate Seal)
VILLACE 4F TEQUEST
By: Molly Young, or
(Seal)
ZoBpoki
%SEAL
Page 2 of 2
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VILLAGE OF TEQUESTA
CONTRACT FOR MOWING AND LANDSCAPING SERVICES
THIS CONTRACT FOR MOWING AND LANDSCAPING SERVICES is
entered into and effective this _1st day of October 2018, by and between the VILLAGE OF
TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive,
Tequesta, Florida 33469-0273, organized and existing in accordance with the laws of the State of
Florida, hereinafter "the Village'; and TERRACON SERVICES, INC., a Florida corporation
with offices located at 18241 13151 Trail North, Jupiter, Florida 33478, hereinafter "the Contractor"
and collectively with the Village, "the Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Contract
whereby the Contractor shall provide lawn mowing and landscaping services for street median,
rights -of -way and other Village owned or maintained areas as specified in Village of Tequesta
RFP# 2018-03PW which is incorporated into and made a part of this Agreement by reference as if
fully set forth herein. RFP# 2018-03PW is attached hereto as Exhibit "A".
2. COMPENSATION: The Contractor's Bid Submittal contain all pricing for the
services contemplated by this Agreement is incorporated into and made a part of this Agreement
by reference as if fully set forth herein. The Contractor's Bid Submittal is attached hereto as
Exhibit "B".
3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide
proof of workman's compensation insurance and liability insurance in such amounts as are
specified in Exhibit A and shall name the Village as an "additional insured" on the liability portion
of the insurance policy. The Contractor shall at all times indemnify, defend and hold harmless the
Village, its agents, servants, and employees, from and against any claim, demand or cause of action
of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct
of the Contractor, its agents, servants, or employees in the performance of services under this
Agreement.
4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132-133,
Florida Statues, by entering into this Agreement or performing any work in furtherance hereof,
the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six (36) months immediately preceding
the date hereof. This notice is required by section 287.133(3)(a), Florida Statutes.
5. TERM; TERNUNATION: NOTICE: Pursuant to Exhibit "A", the term of this
Agreement is for five (5) years, commencing October 1, 2018 and concluding September 30, 2023.
One five (5) year extension may be agreed to by the Parties as specified in Exhibit "A". This
Contract may be terminated by the Village upon written notice to the Contractor pursuant to
Exhibit "A". Notice shall be considered sufficient when sent by certified mail or hand delivered to
the Parties during regular business hours at the following addresses:
Village
Contractor
Village of Tequesta
Terracon Services, Inc.
345 Tequesta Drive
18241 131 "Trail North
Tequesta, FL 33469-0273
Jupiter, FL 33478
Attn: Director of Utilities
Attn: Joseph Baglia
6. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agrees that this Contract is not a contract for employment and that no relationship
of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by
reason of the performance of the services herein provided.
7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the
prevailing party shall be awarded attorney's fees, including fees on appeal.
8. CHOICE OF LAW, VENUE: This Contract shall be governed and construed in
accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should
any dispute arise with regard to this Contract.
9. AMENDMENTS & ASSIGNMENTS: This Contract, all Exhibits attached
hereto, and required insurance certificates constitute the entire Contract between both parties; no
modifications shall be made to this Contract unless in writing, agreed to by both parties, and
Page 2 of 4
attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the
provision of goods called for in this Contract without prior written consent of the Village.
10. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County
Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters,
review and audit municipal contracts and other transactions, and make reports and
recommendations to municipal governing bodies based on such audits, reviews, or investigations.
All parties doing business with the Village shall fully cooperate with the inspector general in the
exercise of the inspector general's functions, authority, and power. The inspector general has the
power to take sworn statements, require the production of records, and to audit, monitor,
investigate and inspect the activities of the Village, as well as contractors and lobbyists of the
Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct,
and abuses.
11. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes, the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in the Proposal or Bid. Upon
request from the Village's custodian of public records, the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119, Florida
Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them
available for inspection or copying, within a reasonable time may be subject to attorney's fees and
costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal or
Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the Contractor does not transfer the records to the
Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to
the Village, all public records in possession of the Contractor, or keep and maintain public records
required by the Village. If the Contractor transfers all public records to the Village upon
completion of the Agreement, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the Agreement, the Contractor shall meet
Page 3 of 4
Contractor shall meet all applicable requirements for retaining public records. Records that are
stored electronically must be provided to the Village, upon request from the Village's custodian
of public records, in a format that is compatible with the Village's information technology
systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
lmcwiWamsAtequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the
date and year first above written.
WITNESSES:
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ATTEST:
Lori McWilliams, MMC
TERR N ER/yACE IN
By: Jos ph BagH/4 Vice Presides
On: O tober / , 2018
(Corporate Seal)
VILLAGE OF TEQUESTA
y: Abig ' renna a or
F fin: r 13 2018
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ADDENDUM NO. 1 TO THE CONTRACT FOR MOWING AND LANDSCAPING
SERVICES BETWEEN TERRACON SERVICES, INC. AND THE VILLAGE OF
TEQUESTA
THIS ADDENDUM NO. 1 is meant to supplement the "Contract for Mowing and
Landscaping Services" between Terracon Services, Inc. and the Village of Tequesta, dated
October 1, 2018 and awarded based on Request for Proposal #2018-03PW for Mowing and
Landscaping Services.
Exhibit B of the CONTRACT FOR MOWING AND LANDSCAPING SERVICES is
amended at Exhibit A (Pricing Schedule), Lines 35 and 36, as follows:
"Line 35: Labor Cost (Supervisor): Hourly pricing shall be used in lieu of line item pricing
for Alternate Items or Equipment when there is a cost savings to the Village as
determined by the Village in its sole discretion."
"Line 36: Labor Cost (Laborer): Hourly pricing shall be used in lieu of line item pricing for
Alternate Items and Equipment when there is a cost savings to the Village as determined
by the Village in its sole discretion."
IN WITNESS WHEREOF, the Parties hereto have executed this Addendum in conjunction
with the Acceptance of the Bid Proposal.
(Corporate Seal)
vP�O�P
SEAL
Lori McWilliams, IONIC = INCORPORATED:'
Village Clerk
�,'ENE4,19;�in
VILLA ,017 TE UESA
By: ibi�e-AAQA, INAW101