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Resolution No. 2026-08 BrightView Landscape Services Inc Agreement (RFP 2024-1-1) - February 3, 2026CITY OF AVENTURA RESOLUTION NO. 2026-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR COMPREHENSIVE LANDSCAPE MAINTENANCE SERVICES FOR BISCAYNE BOULEVARD AND THE GOVERNMENT CENTER, PURSUANT TO RFP NO. 2024-1-1; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 11, 2024, the City of Aventura (the "City") issued Request for Proposals ("RFP") No. 2024-1-1 for Comprehensive Landscape Maintenance Services for Biscayne Boulevard and the Government Center; and WHEREAS, six (6) proposals were received on February 13, 2024, and the Evaluation Committee ranked the proposers, with SFM Landscape Services, LLC ("SFM") ranked first and Brightview Landscape Services, Inc. ("Brightview") ranked second; and WHEREAS, the City Commission subsequently authorized the City Manager to negotiate and execute an agreement with SFM, and the agreement commenced in 2024; and WHEREAS, during the term of the agreement, City staff documented recurring deficiencies in SFM's performance, including incomplete or untimely maintenance activities and repeated failure to meet required service levels; and WHEREAS, in accordance with the terms of the agreement and the City Manager's delegated authority, the City terminated the agreement with SFM for non-performance; and WHEREAS, consistent with the original competitive process and the Evaluation Committee's ranking, staff proceeded to the next highest -ranked proposer, Brightview, which confirmed its pricing and ability to meet all service, staffing, and performance requirements; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. That the City Commission hereby authorizes the City Manager to City of Aventura Resolution No. 2026-08 negotiate and enter into an agreement with Brightview for Comprehensive Landscape Maintenance Services for Biscayne Boulevard and the Government Center, in an amount not to exceed $518,960 annually, consistent with Brightview's proposal and subject to the approval of the City Attorney as to form, content, and legal sufficiency. Section 3. The City Manager is authorized to take all necessary actions to implement the intent of this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Orlinsky, who moved its adoption. The motion was seconded by Commissioner Ain, and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain Yes Commissioner Gustavo Blachman Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Yes Commissioner Cindy Orlinsky Yes Vice Mayor Amit Bloom Yes Mayor Howard S. Weinberg Yes PASSED AND ADOPTED this 3rd day of February, 2026. H`dWARD S. WEINBERG ES MAYOR ATTEST: ELLISA L. HORVA MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A AGREEMENT BETWEEN THE CITY OF AVENTURA AND BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR COMPREHENSIVE LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT (this "Agreement") is made effective as of the 3rd day of February, 2026 (the "Effective Date"), by and between the CITY OF AVENTURA, FLORIDA, a Florida municipal corporation, whose principal address is 19200 West Country Club Drive, Aventura, Florida, 33180 (hereinafter the "CITY"), and BRIGHTVIEW LANDSCAPE SERVICES, INC., whose address is 2711 SW 36d' Street, Dania Beach, Florida 33312 (hereinafter, the "CONTRACTOR"). The following exhibits are incorporated herein and made a part of this Agreement: Exhibit A: Certificate of Insurance Exhibit B: Fee Schedule Exhibit C: Contractor's Sub Contractors List Exhibit D: Transition Plan Exhibit E: Landscape Maintenance Area Map Exhibit F: Performance Evaluation Criteria WITNESSETH: WHEREAS, CITY solicited proposals from proposers to perform Comprehensive Landscape Maintenance Services; and WHEREAS, proposals were evaluated and ranked by a Selection Committee and a recommendation was made to the City Manager; and WHEREAS, on February 3, 2026, CITY adopted Resolution No. 2026-08, which authorized the appropriate City officials to execute an Agreement with the CONTRACTOR; and WHEREAS, City Commission has selected CONTRACTOR to perform Comprehensive Landscape Maintenance Services, on an ongoing, or as needed basis, and at the sole discretion of CITY; and WHEREAS, CITY and CONTRACTOR desire to enter into an Agreement whereby the duties and obligations each to the other are set forth. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Contractor and the City agree as follows: Page 1 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A SECTION I — TERM AND TERMINATION 1.1. Intent The term of this Agreement shall begin on the date that it is fully executed and shall extend three (3) years, with two optional one (1) year renewal by mutual consent, in writing, prior to the expiration of the current term. This provision in no way limits either parry's right to terminate this Agreement at any time during the initial term or any extension thereof, pursuant to Section 1.2 of this Agreement. 1.2. Termination This Agreement may be terminated for cause by action of the City Manager if CONTRACTOR is in breach and has not corrected the breach within 5 days after written notice from CITY identifying the breach, or for convenience by action of the City Commission upon not less than 5 days written notice by the City Manager. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. 1.2.1. This Agreement maybe terminated for cause by CONTRACTOR if CITY is in breach and has not corrected the breach within 90 days after written notice from CONTRACTOR identifying the breach. 1.2.2. Termination of this Agreement for cause shall include but not be limited to, failure to suitably perform the services, failure to continuously perform the services in a manner calculated to meet or accomplish the objectives of CITY as set forth in this Agreement or multiple breaches of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 1.2.3. Notice of termination shall be provided in accordance with Section 8.14(G.) NOTICES of this Agreement except that notice of termination by the City Manager which the City Manager deems necessary to protect the public health, safety or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with Section 7.14(G.) NOTICES of this Agreement. 1.2.4. In the event this Agreement is terminated for convenience, upon being notified of CITY'S election to terminate, CONTRACTOR shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. 1.2.5. CONTRACTOR acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by CITY, the adequacy of which is hereby acknowledged by CONTRACTOR, is given as specific consideration to CONTRACTOR for CITY'S right to terminate this Agreement for convenience. 1.2.6. In the event this Agreement is terminated, any compensation payable by CITY shall be withheld until all documents are provided to CITY pursuant to the Agreement. In no event shall CITY be liable to CONTRACTOR for any additional compensation, other than that provided herein, or for any consequential or incidental damages. Page 2 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A 1.2.7. This Agreement may be terminated by the CITY if the CONTRACTOR is found to have submitted a false certification, Form 10, Scrutinized Companies, has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 3 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A SECTION 2 - STANDARDS OF INSURANCE 2.1. Insurance A. The policies of insurance shall be placed with insurance carriers authorized to do business by the Insurance Department of the State of Florida, and meet a minimum financial rating by AM Best Company of no less than "A- Excellent: FSC VII"; and, B. CITY shall be named as additional insured on all policies except worker's compensation and professional liability; and, C. The additional insured status for CITY for general liability and for completed operations shall be maintained for this Agreement for five years following the completion of all services, pursuant to this Agreement or no more restrictive than the Insurance Services office (ISO) form CG 2037 (07 04). D. Any person, organization, vehicle, equipment, or other person or property fulfilling this Agreement is bound by these insurance requirements. E. Any changes to these specifications shall be at the sole and exclusive discretion of CITY. F. CITY retains the right to review, at any time, policies, coverage, applicable forms/endorsements, and amounts of insurance. G. Insurance shall not be suspended, voided or canceled except after 30 calendar days prior written notice by certified mail, return receipt requested, has been given to CITY, except the cancellation notice period for non-payment of premiums shall be 10 days. H. Certificates of Insurance evidencing conditions to this Agreement are to be furnished to City of Aventura, 19200 West Country Club Drive, Aventura, Florida 33180. I. Notices of Accidents (occurrences) and Notices of Claims associated with work being performed under this Agreement shall be provided to CONTRACTOR's insurance company and CITY as soon as practicable after notice to the insured. J. CONTRACTOR agrees by entering into this written Agreement that the insurance policies provided will include a Waiver of Subrogation in favor of CITY. CONTRACTOR'S insurance shall be Primary and non-contributory. K. CONTRACTOR is responsible for any costs or expenses below deductibles, self- insured retentions, coverage exclusions or limitations, or coinsurance penalties. 2.2. Specific Coverage A. Workers Compensation: CONTRACTOR shall provide statutory workers' compensation, and employer's liability insurance with limits of not less than $1,000,000 per employee per accident, $1,000,000 disease aggregate and $1,000,000 per employee per disease for all personnel on the worksite. If applicable, coverage for the Jones Act and United States Page 4 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A Longshoremen and Harbor workers exposures must also be included. Elective exemptions shall NOT satisfy this requirement. Certificates evidencing an employee leasing company as employer shall not be accepted). In the event CONTRACTOR has "leased" employees, CONTRACTOR must provide a workers' compensation policy for all personnel on the worksite. All documentation must be provided for review and approval by CITY. CONTRACTOR is responsible for the Workers' Compensation of any and all subcontractors, including leased employees, used by CONTRACTOR. Evidence of workers' compensation insurance coverage for all subcontractors, including leased employees, must be submitted prior to any work being performed. B. Commercial General Liability: CONTRACTOR shall provide evidence of commercial general liability on an occurrence Form no more restrictive than ISO form CG 2010, and including but not limited to bodily injury, property damage, contractual liability, products and completed operations (without limitation), and personal and advertising injury liability with limits of not less than $1,000,000 each occurrence, and $2,000,000 in aggregate, covering all work performed under this Agreement. C. Business Automobile Liability: CONTRACTOR shall provide evidence of business automobile liability on a standard ISO form and including per occurrence limits of not less than $2,000,000 covering all work performed under this Agreement. Coverage shall include liability for owned, non -owned & hired automobiles. If private passenger automobiles are used in the business, they shall be commercially insured. D. Umbrella or Excess Liability: Umbrella polices are acceptable to provide the total required general liability, automobile liability, and employers' liability limits. Umbrella policies shall also name CITY as additional insured and coverage shall be provided on a "Follow Form" basis. E. Pollution Liability: For sudden and gradual occurrences or claims made and, in an amount, no less than $1,000,000 per claim and $3,000,000 in the aggregate arising out of work performed under this Agreement, including but not limited to, all hazardous materials identified under the Agreement. F. Employee Dishonesty Coverage: CONTRACTOR shall provide Employee Dishonesty coverage to include liability for dishonest acts of the CONTRACTOR'S employees against the CITY including Theft. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 5 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A SECTION 3 - SCOPE OF WORK 3.1. Intent The CITY is requesting proposals from qualified firms for Comprehensive Landscape Maintenance Services under a continuing services contract. The Contractor shall provide all labor, supervision, equipment, supplies, tools, materials, and all other necessary incidentals required to perform complete maintenance and operations of the CITY's rights -of -way, landscape buffers, and CITY properties, including but not limited to the: • Maintenance of landscaping and irrigation • Turf mowing, edging, cleanup, shrubs, hedges, small trees and palms • Fertilization, disease and pest management • Application of herbicides • Debris clean-up, litter, dead animal, trash and recyclables collection • Removing graffiti, blowing sidewalks • Pressure cleaning sidewalks, and pavers at bus shelters and median separators • Receptacle maintenance throughout the CITY • Cleaning of all street furniture such as benches, trash receptacles, light poles and bus shelters As -needed painting of street furniture and structures (City will provide custom paint) • Decorative street banner replacement and change -outs • Daily shopping cart removal 3.2. Landscape Maintenance Areas Landscape Maintenance Area (LMA) shall include: • FDOT right-of-way on Biscayne Boulevard from the Oleta River Bridge (southern City limits) to the Miami-Dade/Broward County line (northern City limits), including the area on the west side of Biscayne Boulevard along the FEC Railroad, • NE 203rd Street from Biscayne Boulevard to NE 30th Avenue within the City of Aventura. It will also include the area within the FDOT right-of-way on the east side of Biscayne Boulevard (NE 203rd Street Exit) • North and south sides of NE 203rd Street • William Lehman Causeway median at Biscayne Boulevard • Government Center located at 19200 West Country Club Drive, Aventura, FL 33180 TABLE 3.2.A — Tree Inventory — Biscayne Boulevard Type Count Royal Palm 148 Coconut Palm 318 Date Palm 170 Page 6 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A TABLE 3.2.13 — Tree Inventory — Government Center Type Count Royal Palm 29 Coconut Palm 0 Date Palm 0 Landscape Maintenance Area map attached hereto as Exhibit E. 3.3. Irrigation System The CITY's irrigation system is comprised of network of the following: A. A transmission network of underground pipes and valves located within the public rights - of -way and ranging in size from 2" to 6". B. Localized irrigation systems connected to domestic potable water supply. C. Landscape Irrigation systems which include but not limited to: time clocks, irrigation zones, lateral (zone) lines, risers, sprinkler heads, electrical wires, valves, valve boxes and controllers. 3.4. Supplemental Services Beyond the regular routine landscape and irrigation maintenance, the CONTRACTOR shall, upon the request and approval by the CITY, provide on an as -needed basis "Supplemental Services," for the purposes of plants, shrubs, trees palms installation, and fertilization. These Supplemental Services shall be based on the unit prices and markup/discount of wholesale prices provided in Exhibit B of the Agreement, Fee Schedule. No guarantee is made as to the quantity or frequency of the Supplemental Services and the CITY reserves the right to have this provided by others. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 7 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A SECTION 4 - STANDARDS OF WORK 4.1. Intent A. Schedule of Work: On the first business day of each week, the CITY shall furnish to the CONTRACTOR a list of both priority and routine maintenance Work Orders to be considered for completion during the following week. The CONTRACTOR shall then provide to the CITY within three days a preliminary schedule of the work for the following week for review by the CITY. Upon approval by the CITY, the schedule of work shall become final. In addition, the CITY reserves the right to direct the CONTRACTOR to rearrange the schedule to meet the needs of the CITY. B. Work Cycle: The CONTRACTOR shall perform the Work Cycle as specified herein and within the defined duration of time. A Work Cycle consists of the completion of all the specified work at ALL the locations defined in a Landscape Maintenance Area. The types of Work Cycles and durations are listed below in Table 4.1(A). TABLE 4.1(A) — Work Cycle Name of Cycle Duration Turf Mowing 7/10/14 Calendar days (See Sec 4.3) Turf Disease and Pest Management 30 Calendar days Shrubs and Ground Cover Material 30 Calendar days Hedge Plant Material 14/30 Calendar days (See Sec 4.4) Litter and Debris Daily Irrigation Management 30 Calendar days The CONTRACTOR shall complete the Work Cycle in scope and duration as prescribed in the Agreement. Any deviation from the requirements of this provision must be approved by the City Manager, or the CITY's designated representative. C. Chemicals or Fertilizers: The CONTRACTOR shall be prohibited from the use of chemicals or fertilizers on any site without prior written approval from the CITY. In order to obtain written approval for chemical or fertilizer use, the CONTRACTOR shall furnish to the CITY, in writing, the name of the chemical or fertilizer, the manufacturer's label and the Manufacturer's Safety Data Sheet (MSDS). Commercial fertilizer applicators must be certified by the Department of Agriculture and Consumer Affairs pursuant to F.S. 482.1562. All commercial fertilizer applicators shall successfully complete the Florida Department of Environmental Protection's required training program. All commercial fertilizer applicators shall apply fertilizers in accordance with the Florida Department of Environmental Protection through the University of Florida/Institute of Food and Agricultural Sciences Extension's "Florida- Friendly Best Management Practices for Protection of Water Resources by the Green Industries." Page 8 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A D. Maintenance of Traffic: CONTRACTOR shall be responsible for proper maintenance of traffic (M.O.T.) in accordance with the standards outlined in the Manual on Uniform Traffic Control Devices (M.U.T.C.D.) at all times. Pedestrian traffic may be prohibited when appropriate. Sufficient and proper safety devices, to include and not be limited to signage, flags, barricades and cones must be used to stage vehicles and equipment and to protect work sites on or near roadways and parking lots. E. Utilities: CONTRACTOR shall be solely responsible for obtaining the locations of underground utilities when performing work below grade, and for identifying overhead utilities when performing work above grade. The CONTRACTOR shall be responsible to repair any damage to overhead and underground utilities caused by their construction activities. 4.2. Litter and Debris Control Work Cycle CONTRACTOR shall at all times, and especially prior to mowing, retrieve and dispose of all litter and debris throughout the area, including but not limited to shopping carts, palm fronds, tree limbs, branches, leaves, and berries. This shall include daily monitoring seven days a week of the properties, but not limited to, grounds, sidewalks, curbs, and gutters, garbage/trash cans, dog waste stations, and disposing of all litter and debris. If the CONTRACTOR becomes aware of the existence of hazardous wastes located on the properties, the CONTRACTOR shall immediately notify the CITY. CONTRACTOR may dispose of litter only (does not include palm fronds, tree limbs, branches, or other landscaping debris) in CITY dumpsters or CITY facilities. CONTRACTOR shall be responsible for the disposal costs of all other landscape related debris collected. CONTRACTOR shall only dispose of litter collected though work performed in this Agreement in any CITY dumpsters or CITY facilities and shall not dispose of any litter or debris collected through any work performed outside of this Agreement in any CITY dumpsters or at any CITY facilities. If the CONTRACTOR chooses to dispose of litter at an alternative off -site location, CONTRACTOR is responsible for the cost of such disposal. 4.3. Grounds, Landscape, and Turf Maintenance A. Turf Mowing Work Cycle: The CONTRACTOR shall provide a mowing schedule for each week of service to the CITY on the first business day of the week prior to service and shall be subject to CITY approval. Mowing wet grass shall be avoided whenever possible. Mower blades must be kept sharp so that the cut grass edge is clean and not ragged. Mowing patterns shall be changed frequently to avoid wear. Any grass clippings or other plant debris remaining on the grass surface shall be removed the same day as the mowing service is performed. Clippings, mulch or other plant debris must be prevented from entering ponds, lakes, water features, or drains. In the event that this occurs, the materials shall be removed immediately. St. Augustine Grass: Mow at a minimum of the following frequencies: once every fourteen (14) days in November, December, January and February; once every ten (10) days in March, April, and May; once every seven (7) days in June, July, Page 9 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A August, September, and October. The St. Augustine grass shall be cut to a minimum height of 3 1/2" to a maximum height of 4" above soil level. The St. Augustine grass may be cut when the grass height reaches 51/4" and the grass height shall not exceed 6". The St. Augustine grass shall be cut often enough such that no more than 1/3 of the leaf surface is removed during each cutting. ii. Edging: The CONTRACTOR shall trim and properly edge all shrubs and flowerbeds as well as tree rings, curbs, walks, lighting and all other obstacles in the landscape and remove clippings. Paved areas (hard edges) shall be edged every mowing with respect to the turf type adjacent to the edging. Edging of beds and tree rings (soft edging) shall be executed every mowing with respect to the turf type adjacent to the edging. Damage to property or existing vegetation caused by improper trimming or edging shall be repaired or replaced within 48 hours at the CONTRACTOR'S expense. iii. Cleanup: All sidewalks, walkways, roadways, and other paved areas shall be vacuumed, swept, or blown off while the mowing, edging or trimming is in process so that the appearance suffers for the least amount of time. Landscape lighting shall be wiped, blown off or vacuumed as needed to prevent accumulation of clippings and dead insects. Landscape areas shall be raked and cleaned of clippings, leaves, sticks, twigs and all litter and debris each time the soft edging is done. All mowing schedules shall be subject to approval by the CITY. No chemical edging allowed. iv. Tire Ruts in Swale Areas: The CONTRACTOR shall tamp and/or replace sod damaged by tire ruts in swale areas within 48 hours of the daily inspection. B. Turf Disease and Pest Management Work Cycle: The CONTRACTOR shall adhere to the following for disease and pest management: The CONTRACTOR shall control or eradicate diseases and infestations by chewing or sucking insects, leaf miners, fire ants and other pests by spraying affected plants, shrubs, and trees with chemical sprays and combinations of sprays suitable for that particular disease or pest when the infestation or infection becomes evident and as often thereafter as necessary. All applications shall be performed by persons holding a valid pesticide application license as issued by the State of Florida and shall be done in accordance with the pesticide manufacturer's recommended rates and all applicable Federal, State, County and Municipal regulations. The CONTRACTOR shall respond within 72 hours after a request or notice from CITY. The CONTRACTOR shall be fully licensed to spray pesticides and shall use sound cultural practices that aid in preventing the presence or proliferation of insects and diseases. ii. The CONTRACTOR shall maintain all turf, planting beds and tree rings in a weed free condition at all times. The CONTRACTOR shall hand pull weeds as necessary, or as directed by the CITY. The CONTRACTOR shall apply various herbicides by means of spray type devices to aid in the control of unwanted weeds and vegetation. Page 10 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A All applications shall be performed by persons holding a valid herbicide application license as issued by the State of Florida and shall be done in accordance with the herbicide manufacturer's recommended rates and all applicable Federal, State, County and Municipal regulations. Herbicides shall be used only with prior written approval by the CITY as to type, location and method of application. The CONTRACTOR shall exercise extreme care so as not to overspray and affect areas not intended for treatment. Areas adversely affected by such overspray shall be restored at the CONTRACTOR'S expense. iii. The CONTRACOR shall, after a chemical application, remove all signs shall in accordance with the chemical products' recommended standards. 4.4. Plants, Shrubs, and Ground Cover Maintenance Work Cycle The CONTRACTOR shall adhere to the following: A. All hedge plant material, shrubs, and ground cover material shall be pruned once (1) per month or thirty (30) days to insure the best shape, health, and character of the individual plant, and to meet the criteria set forth in FDOT Index 546 (latest revision), which mandates a maximum height of 24" from top of adjacent pavement. Cut back overgrowth of shrubs and trees that extends into the road right-of-way preventing clear line of sight. B. The entire top of all hedges shall be trimmed and may require the use of a scissor lift or bucket truck. Hand trimming shall be utilized whenever possible to promote lateral plant growth. Mechanical trimming shall only be utilized when the health or appearance of the plant shall not be damaged by the mechanical trimmers. C. Ground cover plants shall be selectively cut back to encourage lateral growth and kept in bounds and out of other plantings, walkways, lighting, etc. Cuts shall be made with sharp and proper tools. When cutting parts of branches, leave a living bud at the end of the stub. Make cuts sufficiently close to parent stem so that the healing can readily start under normal conditions. 4.5. Irrigation System Maintenance and Management A. The CONTRACTOR shall be responsible for the operation, maintenance and repair of the irrigation system which includes but is not limited to the setting and adjusting the time clocks and all sprinkler heads to ensure proper watering of all plants, shrubs, trees, palms, turf, landscaping, and ground cover contained within the Landscape Maintenance Areas to provide for a uniform lush green landscape appearance. Dry spots and any damage to the irrigation system discovered must be reported to the CITY immediately. B. The CONTRACTOR shall have forty-five (45) days from the start of the Agreement to perform an initial inspection of the irrigation system and provide a report to the CITY of any existing damage and/or incorrect operation and coverage. The CONTRACTOR shall be responsible for the proper working of system, as specified herein, after the initial inspection report and subsequent repairs. Page 11 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A C. The CONTRACTOR shall adjust the irrigation during the various seasons to maintain the uniform lush green landscape appearance. The CONTRACTOR shall manage and irrigate areas as needed during periods of little or no rainfall using the irrigation system and/or any supplemental watering necessary to keep the plant material, turf, and landscaping in optimum health. Supplemental watering may require a large portable watering tank, impact sprinklers or additional hose to be supplied by the CONTRACTOR. D. The CONTRACTOR shall be responsible for controlling the amount of water used for irrigation. Damage that results from over -watering or insufficient watering shall be the responsibility of the CONTRACTOR to repair or replace at the CONTRACTOR'S expense. E. Irrigation watering schedules must comply with all local, county, regional and State watering restrictions. F. Any equipment damaged by the CONTRACTOR'S operation shall be replaced at the CONTRACTOR'S expense with the same equipment/part and by the same manufacturer unless otherwise approved by the CITY. G. The CONTRACTOR shall perform all irrigation repairs to the lateral lines, risers and sprinkler heads as required to keep the system operating. For this category of work the CITY shall reimburse the CONTRACTOR for materials ONLY. H. The CONTRACTOR shall perform repairs on main lines; pump in -take piping; electrical wires from zone valves back to the clock; and replace damaged or broken valve boxes. For this category the CITY shall reimburse the CONTRACTOR for labor and materials. The CONTRACTOR shall provide written report of the following: • Once per week, a list of all the irrigation zones clocks serviced. • Once per workday, a list of irrigation parts and materials used for repairs. Reimbursable Items: THE CONTRACTOR shall obtain authorization by the CITY prior to commencement. The CONTRACTOR shall be reimbursed be based markup provided in Exhibit B of the Agreement, Fee Schedule. See Section 6.3 for details on the required source for wholesale pricing. 4.6. Trimming and Pruning The CONTRACTOR shall adhere to the following: A. Prune all trees over 20' height and adjacent to walks and vehicular areas to a minimum of 12' of clear trunk. Maintain minimum of 8' clear trunk for all other trees. B. Trim Ficus and Green Buttonwood tree screen (tops and two sides, a minimum of six (6) times per ye to effect a solid 10'-15' tree screen, or as directed by the CITY. Remove all invasive exotic vegetation from tree screen. Page 12 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A C. Remove dead and dying and "hanging" fronds from palms, as needed, for clean appearance. Use no climbing spikes. Trim Coconut Palms (frond and fruit removal) three (3) times per year and other palms two times per year to remove lower hang fronds and fruit between 9 and 3 o'clock position, or more often as directed by CITY. Never remove fronds that do not hang below a line parallel to the ground. The hurricane or candle cut pruning of palms is not allowed. Fronds removed should be severed close to the petiole base without damaging live trunk tissue. Do not over -prune palms by removing live green fronds. Never pull or rip off palm fronds. When pruning palms, completely dip pruning tools in a solution of one of the following: 25% bleach solution (corrosive), 25% pine oil ("Pine -Sol"), or 50% rubbing alcohol (70% isopropyl) for at least 5 minutes prior to moving to adjacent palm. D. Selectively trim existing trees in accordance with American National Standards Institute ANSI A-300 standards and practices, to maintain a minimum of 8 feet of clear trunk. Remove suckers, shoots, and dead or dying branches. Remove sprouts or stems to maintain single trunk on single -trunk trees. All tree, palm, and shrub pruning is included in this contract. E. Prune all Date Palms (Phoenix dac lifera) two 2 times per year May and October) to remove Date Palm seeds and lower fronds, as directed by the CITY. When pruning Date Palms completely dip pruning tools in a solution of one of the following: 25% bleach solution (corrosive), 25% pine oil ("Pine -Sol"), or 50% rubbing alcohol (70% isopropyl) for at least 5 minutes prior to moving to adjacent palm. Prior to hurricane season (May to June), prune Date Palms as follows: Prune seed stalks cutting the stems to within 6" of trunk and two lowest sets of fronds on palms that have been established on site for more than two years. Follow with a 10 gallon soil drench on Date Palms utilizing Subdue or Chip -co Aillette. Follow manufacturer's recommendations. F. Do not schedule any major tree or shrub pruning between November lst and March 15th, unless requested by CITY. G. Use no machete for trimming. H. Haul away all trimming debris from site, and properly dispose of at contractor's expense. 4.7. Fertilization Fertilizer and insect/disease control materials (all rates as established by accepted horticultural standards, manufacturer's recommendations, soil testing, and as approved by CITY). The Contractor shall submit records monthly to the City indicating areas fertilized, rates and dates accomplished. Review by the City and/or City's Landscape Architect shall not be deemed to be an approval that is contrary to any other applicable law or regulation. The Contractor shall apply additional fertilizer or soil amendments as needed to keep lawn and plants in a healthy, green, weed free and nutrient rich condition, at no additional charge. The following schedule outlines a minimum of applications. A. St. Augustine Lawn Page 13 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A Apply four 4) i1pplications perms in February, May, August, and November. ii. Turfgrass fertilizer shall be in granular form and have a 3-1-2, 4-1-3 (i.e.; 12-6-8 or 16-4-8) or similar ratio of N, P, and K with at least 50% of the nitrogen in the insoluble or slow -release form. Fertilizer mix shall also contain iron (at least 0.5%) and other micronutrients such as magnesium, manganese, and zinc. A lower nitrogen product can be used during the summer months so as not to substantially increase growth rates. "Weed and Feed" products containing Atrazine herbicide may be used in cooler months. Products should be applied at the rate of 1 pound of actual nitrogen per 1,000 square feet of lawn area. iii. Apply Talstar or equal to control insects, as needed, as part of Integrated Pest Management program. iv. Contractor is responsible to follow manufacturer's recommendations for fertilization rates and quantities. B. Palms Palms to be fertilized four (4) times per year in the months of February, May, August, and November. Fertilizer to be a granular "Palm Special" 8-2-12 product, with at least 50% of the nitrogen and potassium in the slow -release form, preferably sulfur -coated. Fertilizer mix shall also contain micronutrients, specifically magnesium (kieserite, at least 3%), manganese sulfate (at least 1%), chelated iron (Trachelene, at least 1%), and trace amounts (less than 1%) of boron (boric acid), copper sulfate, and zinc sulfate. ii. All free-standing palms shall receive 1 to 8 pounds of the product recommended above, as per individual palm size (1 to 3 pounds each for small palms; 3 to 5 pounds for each of the mid -size palms; 5 to 8 pounds for large palms). Contractor is responsible to follow manufacturer's recommendations for fertilization rates and quantities. iii. During the two summer applications (May and August) the 8-2-12 shall be mixed with Sul-Po-Mag or K-Mag in a 1:1 ratio and applied together at the recommended rates. iv. Palms with reduced rooting space in small planters or beds, or those with extensive ground cover beneath, shall have overall fertilizer rates proportionately reduced by 1/3 to % and frequencies increased to 6 times per year (1 time each 2 months) to prevent phytotoxicty. V. Supplemental Sul-po-mag, K-Mag, manganese sulfate or other micronutrients may be required to correct nutritional deficiencies. Page 14 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A vi. Observation: It shall be the contractor's obligation to perform regular monthly inspections of the palms and report to the City any site condition which may be detrimental to the health and vitality of the palms. Base of palm trunk must be observed for palms located in shrub beds. Further, the Contractor is responsible to report the development of disease or other problems along with recommended solutions. Insect and disease activity will be treated on an "as -needed" basis upon inspection. Required service calls and treatment between scheduled maintenance shall be at Contractor's expense. These reports are to be written and should be received by the City no later than ten days after each inspection. It is required that the City be notified in advance of planned activities in order to allow them to witness and record the applications. C. Trees Two (2) applications perms of 8-2-12 granular fertilizer or approved equal. Apply 1/2 pound per foot of canopy diameter or 1/2 pound per inch of trunk diameter at breast height, not to exceed 8 to 10 pounds per tree. Contractor is responsible to follow manufacturer's recommendations for fertilization rates and quantities. D. Shrubs and Groundcover Shrubs are to receive four (4) pplications of 8-2-12 granular fertilizer in February, May, August and November. Supplemental micronutrient applications may be needed on Ixoras, etc. Contractor is responsible to follow manufacturer's recommendations for fertilization rates and quantities. E. Seasonal Color i. Apply one 1) initial and one (1) "mid-term" application of Nutricote total 70 day 13-3-13 fertilizer for each seasonal color planting. ii. Apply Snapshot pre -emergent herbicide to seasonal color planting bed at each seasonal color change. F. Phoenix Dactylifera (Date Palms) i. Disease Control: Three 3 times perms all palms will be treated with a systematic fungicide(s) which is labeled for Fusarium, Pithium, and Phythophthora. These applications will be performed as a root drench during the months of March, July, and November and are considered to be preventive maintenance. Contractor is responsible to follow manufacturer's recommendations for rates and quantities. ii. Observation: It shall be the contractor's obligation to perform regular monthly inspections of the palms and report to the City any site condition which may be detrimental to the health and vitality of the palms. Further, the Contractor is Page 15 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A responsible to report the development of disease or other problems along with recommended solutions. These reports are to be written and should be received by the City no later than ten days after each inspection. It is required that the City be notified in advance of planned activities in order to allow them to witness and record the applications. iii. Inspect and disease activity, other than Date Palms, will be treated on an "as - needed" basis upon inspection. Required service calls between scheduled maintenance will be at Contractor's expense. 4.8. Supplemental Services The CONTRACTOR shall, upon the request and approval by the CITY, provide on an as- needed basis Supplemental Services. These Additional Services shall be based on the unit prices provided in Exhibit B of the Agreement, Fee Schedule. A. Plants, Shrubs, Trees and Palms Installation 1. All plant material shall be Florida Number One, or better, as provided in the most current edition of Grades and Standards for Florida Nursery Plants, Parts I and II, prepared by the Florida Department of Agriculture. For standards not addressed in the Florida Grades and Standards for Florida Nursery Plants, plant materials shall conform to the American National Standards Institute (ANSI) Standards Z60.1. 2. All plant material and services shall be guaranteed for a period of 12 months from the date of planting or service completion. This guarantee may not apply for plants damaged by "acts of God," such as hurricanes, fires, etc., or by vehicular accidents. 3. All planting standards shall comply with the requirements contained in the planting details in Section 6. B. Aeration, Verticutting, Topdressing, and Overseeding On occasion, the CITY may request, Aeration, verticutting and topdressing to provide proper air and water exchange for maximum growth potential and health of the Bermuda grass as needed. The topdressing material shall be a mixture similar to the profile of the soil below the turf as determined by soil analysis. The CONTRACTOR shall also be responsible for topdressing worn turf areas, depressed turf areas, etc. as needed on an ongoing basis. Overseeding material shall be with a rye grass blend. The CONTRACTOR shall submit a proposal for these services to the CITY for approval. The topdressing and overseeding material shall be reimbursed to the CONTRACTOR. 4.9. Project Work Major projects such as turf renovations or drainage replacements shall be done on an as needed basis and shall be quoted to the CITY by the CONTRACTOR. 4.10. Liquated Damages If, in the opinion of the City Manager there has been a breach of Agreement, the City Manager shall notify the CONTRACTOR, in writing, specifying the basis and reason in which there has Page 16 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A been a breach of Agreement. In the event of a breach by CONTRACTOR, CONTRACTOR shall be liable for liquidated damages as provided in this Section. Unless otherwise provided in this Section 4.10, there shall be no cure period of time to avoid the consequences of a breach. Liquidated damages are not a penalty. CONTRACTOR agrees that the amount of liquidated damages assessed pursuant to this Section 4.10 is reasonable and does not constitute a penalty. The parties recognize the difficulty of proving the loss or damage suffered by the CITY due to CONTRACTOR's breach. CONTRACTOR acknowledges and agrees that the amount of liquidated damages approximate the loss anticipated at the time of execution of this Agreement. A. Turf Mowing Work Cycle 1. 7 Day Cycle: Failure to comply with the provisions for the completion of the Work Cycle for turf mowing in a Landscape Maintenance Area within the seven (7) calendar day period shall result in the liquidated damages as follows: One Thousand Dollars ($1,000) for each day of delay. 2. 10 Day Cycle: Failure to comply with the provisions for the completion of the Work Cycle for turf mowing in a Landscape Maintenance Area within the ten (10) calendar day period shall result in the liquidated damages as follows: One Thousand Dollars ($1,000) for each day of delay, 14 Day Cycle: Failure to comply with the provisions for the completion of the Work Cycle for turf mowing in a Landscape Maintenance Area within the fourteen (14) calendar day period shall result in the liquidated damages as follows: One Thousand Dollars ($1,000) for each day of delay. B. Turf Disease and Pest Management Failure to comply with the provisions for the completion of the Work Cycle for turf management in a Landscape Maintenance Area within the thirty (30) calendar day period shall result in the liquidated damages as follows: Six Hundred Dollars ($600) for each day of delay. C. Shrubs and Ground Cover Material Work Cycle Failure to comply with the provisions for the completion of the Work Cycle for shrubs and ground cover material in a Landscape Maintenance Area within the thirty (30) calendar day period shall result in the liquidated damages as follows: Ei,-ht Hundred Dollars ($800) for each day of delay, Page 17 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A D. Hedge Plant Material Work Cycle 1. 14 Day Cycle: Failure to comply with the provisions for the completion of the Work Cycle for hedge plant material in a Landscape Maintenance Area within the fourteen (14) calendar day period shall result in the liquidated damages as follows: Eizht Hundred Dollars (S800) for each day of delay. 2. 30 Day Cycle: Failure to comply with the provisions for the completion of the Work Cycle for hedge plant material in a Landscape Maintenance Area within the thirty (30) calendar day period shall result in the liquidated damages as follows: Ei,-ht Hundred Dollars (S800) for each day of delay. E. Irrigation Management Failure to comply with the provisions for the completion of the Work Cycle for irrigation clock (wet) checks in a Landscape Maintenance Area within the thirty (30) calendar day period shall result in the liquidated damages as follows: Six Hundred Dollars (S600) for each day of delay. 4.11. Public Relations CONTRACTOR'S positive interaction with CITY residents is essential to the success of this Agreement. CONTRACTOR shall extend the utmost courtesy to CITY residents at all times. CONTRACTOR shall make no statements or offer any information concerning CITY activities, policies and procedures. All resident inquiries shall be directed to the CITY. 4.12. Emergency Contact The CONTRACTOR shall provide 24/7 emergency contact telephone number and respond to emergency requests after notification by the CITY, twenty-four (24) hours a day, seven (7) days a week, including all public holidays in accordance with Section 5.13 of this Agreement. 4.13. Discovery and Notification If the CONTRACTOR discovers damages, vandalism or theft, the CONTRACTOR shall immediately notify the CITY and shall file a police report of the occurrence. 4.14. Property Damage Observation of property damage prior to the commencement of work, whether public or private, shall immediately be reported to CITY. Property damage, whether public or private, caused by CONTRACTOR during the course of the work shall be immediately reported to CITY, and repaired by CONTRACTOR at the CONTRACTOR'S expense and at no cost to CITY or Property Owner. 4.15. Work Order (Service Request) Completion Information Input The CONTRACTOR shall be responsible to enter/input information on completed work orders (service requests) into the CITY's Work Order and Asset Management Software. The typical information required includes but is not limited to, description of service, date serviced, CITY Page 18 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A contract number, location, CITY asset serviced (e.g., median, tree, irrigation clock, etc.), and hours or cost for service. Work Order Completion data input shall be entered no later than 5 working days after the actual performance of the work order or service request. All work orders entered by the CONTRACTOR shall be reviewed by the CITY and the work order shall be closed by the CITY only after completion of the service is verified. Services or work performed by the CONTRACTOR shall not be considered completed and eligible for payment by the CITY until the Work Order Completion Information is entered into the CITY's Work Order System by the CONTRACTOR. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 19 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A SECTION 5 - STANDARDS OF CONTRACTOR 5.1. Intent CONTRACTOR is an independent contractor and the individuals assigned to work for CITY by CONTRACTOR are subject to the approval of CITY and shall not be CITY employees. CONTRACTOR must be fully licensed with all required State and/or local government licenses and permits and shall comply with all Federal, State and local laws, rules, practices and regulations. 5.2. Facilities CITY reserves the right to inspect CONTRACTOR'S facilities at any reasonable time, during normal work hours, without prior notice to determine that CONTRACTOR has a bona fide place of business and is a responsible CONTRACTOR. 5.3. Identification CONTRACTOR will not use or create any badge containing CITY' S name, seal, logo, or any other reference thereof for identification. CONTRACTOR shall use only a CITY issued identification badge. 5.4. Experience A. CONTRACTOR shall have a minimum of five (5) years' experience in providing comprehensive landscape maintenance services of properties and rights -of -way of similar complexity and size as those owned and managed by the CITY. Proposers shall have been in continuous operation for a minimum of the past five (5) years from the date that the RFP is issued and shall have a resident branch office in Miami -Dade, Broward or Palm Beach County, Florida. Proposer shall be fully licensed with all applicable local, state Federal licenses. Relevant experience includes but is not limited to maintenance of: turf grass; plants, shrubs; installation of turf, grass, trees and other plant materials; fertilizer and herbicide applications; disease and pest management; and litter control. B. Education and/or Work Experience: CONTRACTOR must have at least one full time employee with a degree in turf management, agronomy, horticulture, a related field or shall demonstrate equivalent experience to manage this project. C. Licenses: CONTRACTOR must be fully licensed with all required State and/or Local government licenses and permits, including, but not limited to, disease and pest control, herbicides, irrigation, horticultural services, etc. D. Turf Grass Types: Company shall demonstrate experience in the care and maintenance of specialty turf grass. E. Pesticide Certification: CONTRACTOR must have a certified pesticide operator through the State of Florida, Department of Health and Rehabilitative Services. This individual shall perform any pesticide applications for this contract. Page 20 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A F. Herbicide Certification: CONTRACTOR must have a certified herbicide operator through the State of Florida, Department of Health and Rehabilitative Services. This individual shall perform any herbicide applications for this contract. G. Florida Green Industries Certification: CONTRACTOR must have at least one full time employee who has completed the Florida Green Industries Best Management Practices workshop dedicated to this contract. H. Know -the -Flow Certification: CONTRACTOR must have at least one full time employee who has completed MIAMI-DADE County's "Know -the- Flow" course, Department of Business and Professional Regulation Course Designation 99624920. 5.5. Relationship Contact CONTRACTOR shall maintain at a minimum one relationship contact for this contract who will respond to specific CITY requests, twenty-four hours a day, seven days a week, including all public holidays. The relationship contact shall be available by cellular telephone and shall be expected to visit the work site as requested by CITY. The relationship contact shall be able to manage all facets of the contract. The relationship contact must be fluent in English and have excellent communication skills and be capable of directing all regular maintenance and additional services and coordinating these with CITY. The relationship contacts shall use his/her experience and training to prevent, detect and control adverse conditions by physically inspecting the work area regularly. 5.6. Subcontracting Work A. Award of Subcontracts and Other Contracts for Portions of Work. CONTRACTOR shall furnish in writing to CITY the names of persons or entities proposed for each principal portion of the work. In addition, CONTRACTOR shall not change subcontractors performing any portion of the work required by this Agreement without prior written approval by CITY. CONTRACTOR shall be responsible and liable to CITY for all work performed by the Subcontractors or their employees, agents or contractors, pursuant to this Agreement. B. Sub -contractual Relations. By listing the names of each as set forth in Exhibit "C", attached hereto and made a part hereof, CONTRACTOR shall require each subcontractor, to the extent the work to be performed by the subcontractor, to be bound to CONTRACTOR by terms of the Agreement, and to assume toward CONTRACTOR all the obligations and responsibilities which CONTRACTOR, by this Agreement, assumes toward CITY. Each sub -contract agreement, between CONTRACTOR and a subcontractor, shall preserve and protect the rights of CITY under the Agreement with respect to the work to be performed by the subcontractor so that subcontracting thereof shall not prejudice the rights, and shall allow the subcontractor, unless specifically provided otherwise in the sub -contract agreement, the benefit of all rights, remedies and redress against CONTRACTOR that CONTRACTOR, by the Agreement, has against CITY. C. Where appropriate, CONTRACTOR shall require each subcontractor to enter into similar agreements with the subcontractors. CONTRACTOR shall make available to each Page 21 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A proposed subcontractor, prior to the execution of the sub -contract agreement, copies of the Agreement to which the subcontractor shall be bound, and upon written request of the subcontractor, identify to the subcontractor terms and conditions of the proposed sub- contract agreement which may be at variance with the Agreement. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed subcontractors. 5.7. Drug -Free Workplace CONTRACTOR continues to implement and maintain a drug -free workplace program, in accordance with Section 287.087, Florida Statutes. 5.8. Transition Plan CONTRACTOR shall provide a detailed description of how services will be transitioned under CITY'S current Agreement to CONTRACTOR. CONTRACTOR is responsible for minimizing any negative impacts to CITY by ensuring a smooth and orderly transition of service. Prior to the termination of this Agreement, CONTRACTOR shall use its best efforts to ensure a smooth and orderly transition of service. 5.9. Adherence to City Policy CONTRACTOR assigned to handle the services outlined in this RFP for the CITY shall adhere to all CITY policies, procedures and protocols. 5.10. Disclosure of Relationships CONTRACTOR agrees to give CITY written notice of any Relationship, as defined herein, that CONTRACTOR enters into with CITY or any of its districts, its elected or appointed officials, its employees or agents, during the period of this Agreement. A "Relationship" for the purpose of this Section shall include but not be limited to employer/employee, consultant, contractor, sub -contractor, associate, officer, partnership, joint venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient in excess of $100.00, past or on -going personal relationships, or joint involvement with charitable/voluntary activities. 5.11. Exclusivity CITY reserves the right to have comprehensive landscape maintenance services provided by others. This action will not waive or void any of the terms and conditions in this Agreement. 5.12. Repairs CONTRACTOR shall obtain all permits and pay all required fees to any regulatory agency having jurisdiction over any work required to repair or replace damages caused by the CONTRACTOR. Inspections required by local ordinances during the course of nuisance plant control shall be arranged as required. Upon completion of the repair work, evidence satisfactory to CITY shall be furnished to show that all work has been performed in accordance with the applicable ordinances and code requirements. Permit Fees with supporting documentation shall be reimbursed by the CITY. Page 22 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A 5.13. Responding to Emergency Requests CONTRACTOR shall provide 24/7 emergency contact telephone number and respond to emergency request after notification by the CITY, twenty-four (24) hours a day, seven (7) days a week, including all public holidays. Emergency repair will require the following response: A. Contractor acknowledgement of the emergency request within thirty (30) minutes of the phone call made by CITY or designee. Acknowledgement must be by live telephone conversation with a CONTRACTOR employee, not a recording or answering service. B. For Irrigation Emergencies: A technician shall commence work at the affected location within two (2) hours of request for service. CONTRACTOR shall immediately address the problem and immediately inform the CITY of the extent of the problem. C. For Landscape Emergencies: CONTRACTOR shall commence work at the affected location within four (4) hours of request for service. CONTRACTOR shall immediately address the problem and immediately inform the CITY of the extent of the problem. D. CONTRACTOR shall provide a list of individuals and their contact information to be contacted for emergency repairs to the CITY and update it immediately whenever any change occurs. 5.14. Failure to Respond A. Should the CONTRACTOR fail to meet the thirty (30) minutes acknowledgement time or two (2) hour time requirement to commence irrigation emergency repairs, each failure shall result in liquidated damages due to the CITY in the amount of One Thousand Dollars ($1,000.00). B. Should the CONTRACTOR fail to meet the four (4) hour response time to be on -site for Landscape Emergencies, unless otherwise agreed upon with the CITY, each failure shall result in liquidated damages due to the CITY in the amount of One Thousand Dollars ($1,000.00). C. Consistent failure by the vendor to respond to Emergency Service Repairs Requests and Non -Emergency Service requests within the required response times may, place the CONTRACTOR in breach of the Agreement. Consistent failure to respond is defined as not responding within the required response time on two out of four consecutive occurrences. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 23 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A SECTION 6 - STANDARDS OF LABOR AND MATERIALS 6.1. Personnel CONTRACTOR shall provide a sufficient number of supervised staff to complete the duties stated within the Agreement. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR'S employees/independent contractors and shall not employ on the work site an unfit person or anyone not skilled in the work assigned to him. Subcontractors, employees or independent contractors of CONTRACTOR whose work is unsatisfactory to CITY or who are considered by CITY'S representatives as careless, incompetent, unskilled or disorderly or who use threatening or abusive language to any person shall be dismissed from work upon notice from CITY and shall not be employed to perform the work under this Agreement thereafter. No liquor, alcoholic beverages, smoking or drugs shall be allowed on the site of the work. A. Supervisor: The CONTRACTOR shall maintain a Lead Technician within the area and within sight of treatment crews at all times. The Lead Technician shall be fluent in English and shall have excellent communication skills and be capable of directing all work requested by the CITY. B. Employee/Independent Contractor or Subcontractor Performance: CONTRACTOR shall employ (or contract with) personnel competent to perform the work specified herein. CITY reserves the right to request the removal of a CONTRACTOR'S employee/independent contractor or subcontractor from performing maintenance on the CITY'S property where such employee's/independent contractor's or subcontractor's performance or actions, are perceived as obviously detrimental to CITY. C. Uniforms: CONTRACTOR shall provide all employees with color coordinated uniforms that shall be maintained by CONTRACTOR so that all personnel are neat, clean and professional in appearance at all times. Non -uniform clothing shall not be permitted. D. Background Checks: Prior to working in the CITY, all managers and employees of the CONTRACTOR, independent contractors, and subcontractors shall be required to undergo background checks. A thorough State and national background check that identifies an individual's entire criminal history shall be conducted. The analysis of the background check shall focus only on those offenses that most directly impact both children and adults, which include but are not limited to the following: i. Any illegal activity of a sexual nature; ii. Acts of violence; iii. Acts of lewd or lascivious behavior; iv. Drug possession and/or drug distribution; and, V. Repeated public intoxication. A background check shall be conducted on new employees prior to employment and on each employee at annually. All background check related costs shall be the sole responsibility and expense of the CONTRACTOR. Prior to the beginning of the contract term and at the beginning Page 24 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A of each CITY fiscal year (beginning October 1st) the CONTRACTOR shall submit written certification to the CITY that CONTRACTOR has complied with the CITY's requirement regarding background checks on all employees. The certifying document shall be signed by the authorized officer of the corporation. Should an employee begin service with the CONTRACTOR after the commencement of the Agreement, during a CITY fiscal year, the CONTRACTOR shall, as soon as reasonably possible, submit a supplemental certifying document regarding a background check on the new employee. Maintenance, ownership, and control of all background check records and information generated, received, possessed and stored shall be the sole responsibility of the CONTRACTOR, and shall be retained for a period of not less than three years. Failure to perform a state and national criminal background check in accordance with the rules above shall be cause for termination of the Agreement. 6.2. Equipment A. Vehicles: CONTRACTOR shall keep all vehicles in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 1 1/2" letters. B. Equipment Safety: CONTRACTOR shall keep all equipment in an efficient and safe operating condition while performing work under this Agreement. Equipment shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the CITY may direct the CONTRACTOR to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the CITY. The CONTRACTOR shall be responsible and liable for injury to persons and property caused by the operation of the equipment. C. Test Equipment Calibration: CONTRACTOR shall use only test equipment that are in proper working condition and have been calibrated as required by the manufacturer. D. Storage: The CITY shall not provide facilities at which the CONTRACTOR may store equipment. The CONTRACTOR shall be responsible for mobilization and setup, and demobilization and breakdown, each day. E. Storage during a Disaster Preparedness and Response: The CONTRACTOR shall assist the CITY in responding to disaster events within the CITY. There are no office and storage facilities available; however the CONTRACTOR may stage their equipment inside of CITY Green Park, with the CITY's prior authorization, up to 48 hours prior to a storm event. 6.3. Irrigation Parts, Chemicals, and Fertilizers A. The CONTRACTOR shall base all costs for irrigation, chemicals, fertilizers and other supplies on the current supplier wholesale price list as provided to the CITY by SiteOne Landscape Supply Catalog: "Wholesale." B. The CITY reserves the right to request an updated wholesale price list every three (3) months. Page 25 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A C. The CITY also reserves the right to add or delete items from the wholesale price list. D. The CONTRACTOR shall submit the markup or discount percentage in Exhibit B, Fee Schedule. The markup or discount shall be calculated on the wholesale price (See 6.3(A)) of supplies or materials only. Markup shall include the cost of taxes and delivery. E. Labor costs contained within Exhibit B shall provide for excavation and planting costs. F. The CITY, in its sole discretion, reserves the right to purchase materials for Supplemental Work directly from the CONTRACTOR or another vendor of the CITY's choice. 6.4. Trees, Palms, and Plants Pricing A. All trees and plants must be Florida Grade 91 or better. Prices for trees or plants shall be "unplanted" with a markup calculated on the wholesale price of supplies or materials only and shall cover the cost of taxes and delivery. The CONTRACTOR shall submit the markup or discount percentage in Exhibit B, Fee Schedule. The markup or discount shall be calculated on the wholesale price of materials only. B. Cost for trees and plants shall be based on the then current Betrock Information Systems " P1antFinder" - Wholesale Guide to Foliage and Ornamental Plants. C. Labor costs contained within Exhibit B, Fee Schedule, shall provide for excavation and planting costs. All sod must be priced "as installed." D. The CITY, in its sole discretion, reserves the right to purchase materials for Supplemental Work directly from the CONTRACTOR or another vendor of the CITY's choice. Page 26 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A 6.5. Plant Specifications and Details Figure 6.5(A) — LARGE TREE & PALM PLANTING DETAIL NOTE: LARGE PALM5, 5UGH A5 ROYAI PALM5, CANARY 15LANP OR MEQJ00- C L. PALM5 OVER 25' HT. CLEARTRUNK 5HALI. F.- I ll�f�� 5TAKED, A5 PER ThO DETAIL. r'� '• CONTRACTOR5HALL REMOVE ALL 5TAKiNG AND GUYING MATERIAL I YEAR. 1 ` 1 ` } AFTER PLANTING, ADVITIONALLY, WATE' PING15AUCER SHALL BL REMOVED AETL � E5TA131-I511MENT fPLANT ��► 6; �i j NO 5CAR5 OR DAMAGE TO TRUNK T (5) LAYERS Of BURLAP- AND (5) 2' X 4' X 18' LONG", EVENLY SPACED WOODEN I BATTENS CONNECTED WITH 2-314" 5TEEL 13AND5. (4 MIN.) 4' X 4' 5TAJC 5'", EVENLY 5PACED, TOE NAIL TO BATT€N .AND REINFORCE W1 STLL_ FLUOKE5CENT BANDING. DO NOT NAIL TO TRUNK. FLAGGING" TOP Of KOOTBALL 107. ABOVE PLANTI NG R BACKEILL -501L 7- WATER RING" (S" HEIGHT) PROVIDING A WATER - "' COLLECTION 5A51N (TO BE REMOVED AFTER p E5TAI31-15H'MENT) L7 3' APPROVED MULCH LAYER, 0 KEEP 3" CLEAR FROM TRUNK u.j >K 311 3" +++' = P.PMOVE BURLAP AND ALL Tit MATERIAL FROhJ ROOTBALL + + + + +"+"+ + + +"+"+'+ "+i+i++++ +;.++ .+.+.i.i UNDISTURBED 501LTYP. PLANTING 501L BACKFILL I -III I- (601 SAND f 20% MUCK) WIDTH OF ROOT15AL PLANTING BOIL 5ACKFILL 2 TIMA€S WIDTH OF IROOTBALL (ROYAL PALM5, CANARY 15LAND OR MEDJOOL DATE PALM5 OVER 25' HT. CLEAR TRUNK) N.T.5. LARGE PALM PLANTING DETAIL Page 27 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A Figure 6.5(B) — MULTI -STEM PLANTING DETAIL MULTI-5TEM TKEE5 5HALL HAVE A MINIMUM OF 3 TKUNK5 WITH NO MORE THAN 5 TRUNK5 OF EQUAL DI4MFTER5 ORIGINATING FROM THE GROUND WITH ANGLES NO MORE THAN 45° AND NO CP055ING 15PANCHE5. CONTRACTOR SHALL REMOVE ALL 'y STAKING AND GUYING MATERIAL I YEAR AFTER PLANTING. ADDITIONALLY, WATER H05E" —\ RING+SAUCER SHALL BE REMOVED AFTER PLANT E5TABLI5NMENT CAELE WITH URNBUCKLE" (3 MIN.) = OR MELON 5TRAPPING" �^ MATERIAL w FLOUREKENT FLAGGING" - w � O J J off[ w Q a3 OQ O _ =11 r� c© - UNDI5TUR15ED 50IL TYP. ROOTBALL PLANTING SOIL BAGKFILL 2 TIMM WIDTH OF ROOT15ALL (TREE 5 LE55 -HAN I G1 MT.) TOP OF ROOTf3ALL I0:�6 A15OVE PLANTING 5ACKFILL 50IL 3' APPROVED MULCH LAYER. KEEP 3" CLEAR FROM TRUNK PLANTING 5OIL BACKFILL f, 5AND 1 20% MUCK) WATER RING15AUCER" (G" HEIGHT) PROVIDING A WATER COU ECTION BAST N MULTI -STEIN PLANTING DETAIL FIN- GRADE TYPICAL j CONDITION (3:I MAX) FIN. GRADE AT SLOPE �� (3, I MAX) EX151ING GRADE AT 5LOPE DEADMAN (2'-6" MIN. DEPTH) OR METAL STAKE OR REINFORCING 13AR DRIVEN INTO THE GROUND OUTSIDE OF TREE RING AND COUNTERSUNK REMOVE BURLAP AND ALL TIE MATERIAL FROM ROOTBALL N.T.5. Page 28 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A Figure 6.5(C) — SHRUB PLANTING DETAIL CONTRACTOR 5HALL REMOVE WATER KINGI5AUCEK 5HALL BE REMOVED AFTER 3" APPROVED MULCH LAYER, PLANT f5TABL15HMENT KEEP 3- CLEAR FROM TRUNK O.C. 5PACING OVER ENTIRE PLANTING BED. J J TOP OF ROOTBALL 10% A50VE r PLANTING 6ACKFILL 501L WATER RJNG15AUCER ' (Y HEIGHT) m PROVIDING A WATER COLLECTION 5A51N ai 3' 3 3' 3 FIN. GRADE _ _ _ _ -` PLANTING 501L $ACKFILL o III=1 I _ (80% SAND / 20% MUCK), (MIN. 2'), AND 6MIN. ON ALL 501!5. =1 I III III=I III—III=111-111=1 I— UNDI5TURBED —, WIDTH GF MOUND OF SOIL TYP, FULL WIDTH FOOTBALL COMPACTED EARTH OF KOOT13ALL [6" MIN.) N.T.5. SHRUB PLANTING DETAIL O.C. 5FACING I DYER, r1 KfE? 3" CLEAR t�N =KOM TRUNK. � � 4r` OVER ENTIREJi1yIL w PLANTING BE / h COMPACTED EARTH " CONTRACTOR 5HALL REMOVE WATER RJNC45AUCEP 5HALL BE REMOVED AFTER PLANT E5TABLI5HMENT 5ET TOP OF ROOTBALL AT ORIGINAL PLANTING DEPTH WATER RIN95AUCER" (W HEIGHT) PROVIDING A WATER COLLECTION BA51N r- FIN. GRADE _ PLANTING 501L SACKFILL III -I (801 SAND / 20% MUCK), — (MIN. ! 2"), AND G" MIN. ON ALL 5IDES. -� - UND15TURBEQ WIDTH OF FULL WIDTH SOILT F, ROOTBALL OF ROOTBALL (5" MIN.) ,N.T.5. SHRUB PLANTING ON SLOPE DETAIL Page 29 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A Figure 6.5(D) — SMALL TREE PLANTING DETAIL w `� 11O5E" C 5 r FLUORE5CENT FLAGGING" J C3 UNDISTURBED 501 L TYP, ✓t ■ ■ -' likv-M ■ PLANTING 50I1- 5ACKFILL 2 TIMES WIDTH Of ROOTBALL ITREES LE55 THAN( ! G' 1% SMALL TREE PLANTING DETAIL -AKGE TRIES- 10 0VER?Jl HEIGHT OK HIGHER 5HALL BE 5TAKED A5 PER LARGE TREE € PALM PLANTING DETAIL. CONTRACTOR SHALL REMOVE ALL 5TANNG AND GUYING MATERIAL I YEAR AFTER PLANTING. ADDITIONALLY, WATER RING15AUCER SHALL BE REMOVED AFTER PLANT ESTABLISHMENT CA5LE WITH TUKN5UCKLE" (3 MIN.) OR NYLON STRAPPING" MATERIAL TOP OF KOOT5ALL 10% ABOVE PLANTING BACKPILL501L 3" APPROVED MULCH LAYER, KEEP 3" CLEAR FROM TRUNK PLANTING SOIL BACKFiLL (50% 5AND f 20% MUCK) WATER R1NQ5AUCER"' (G" WEIGHT) PROVIDING A WATER COLLECTION 5A51N FIN. GRADE TYPICAL CONDITION €3: I MAX) FIN. GRADE AT SLOPE (3,1 MAX) E(15TING GRADE AT 5LOPE DEADMAN (2'-G" MIN. DEPTH) OK METAL 5TAKE OR REINFORCING BAR DRIVEN INTO THE GROUND OUT5IDE OF TREE RING AND COUNTERSUNK REMOVE BURLAP AND ALL TIE MATERIAL FROM ROOTDALL N.T.5. Page 30 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A Figure 6.5(E) -SOD AND GROUND COVER PLANTING DETAIL TYPICAL PAVED 5URFAa (FINISH GRAE)E SHALL 13E KEPT 2" BELOW TOP JF ALL FIN15HFD PAVED 5LIRFACE, UNLE55 OTHERWISE NOTED) 5T. AUGU5TINE FIN15HEE) GRADE FLORATAM '50D' --7 '■■!�■■CI■■IJ■■IJ■■IJ■■�J■■CI 2" TOP 50IL LAYE1, (50% 5AND j 2-Q% MUCK) .5TING 51LIE54KA-DE (Uh1DI5TUR,5ED EAPTH) N.T.5. SOD PLANTING DETAIL O.C, JPACIN, FIN. GPADE .e .3" APPRO'VEIR MULCH GAYEK, KEEP .3" CLEAR FROM TRUNK ++ +++++ PLANTING 501L 13ACKfIILL (80 =III + ++++++ 5AND1 20a MUCK)(MIN. I'), _ +'+ +++++++ ++�+ — AND G" MIN. ON ALL 5IDE5_ C UNI)I5TVRBED f�+11 4VIDThi GF ROOTSALL SOIL TYP. IdeT.S, -&-I ROUND OVER PLANTINGDETAIL Page 31 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A Figure 6.5(F) — LARGE TREE & PALM PLANTING DETAIL II NOTE: LARGE PALM5, 5UCI- A5 ROYAL PALM5, CANARY 15LANp OR MEDJC'DL DATE PALV5 OVER 25' IT. CLEAR TRUNK 5HALL BE STAKED, A5 PER Ttib DETAIL. CONTRACTOR 5HALL REMOVE ALL 5TMNG AND GUYING MATERIAL I YEAR AfTER PLANTING, ADDITIONALLY, WATER PJNQ5AUCER SHALL BE REMOVED AFTL= PLANT E5TA!L15hMENT f ��� w ++ NO 5CAK5 OK DAMAGE TO TRUNK (5) LAYTR5 OF BURLAP" AND (5) 2' k 4' k 18' LONG", EVENLY 5PACED WOODEN ` I 13ATTEN5 CONNECTED WITH 2-3/4" 5TEEL 15AND5. a ! J (4 MIN.) 4' x 4' 5TAKfS", EVENLY 5PAGED, TOE NAIL TO BATTEN AND REINFORCE Wf 5TEEL FLUOR.E5CENT BANDING, DO NOT NAIL TO TRUNK. FLAGGING"' - TOP OF KDOTBALL 1 D% ADDVE PLANTING BACKFILL 501L } WATER RING'" (G" HEIGHT) PROVIDING A V4'A. COLLECTION 5A51N (TO ESE REMOVED AFTER 0 - TA51-15HMENT) n 3' APPROVED MULCH LAYER, O KEEP X CLEAR FROM TRUNK u� t� + + + R1=MOVE BURLAP AND _ _ +• _ ALL TIE MATERIAL FRCP;' ROOTSALL *+++ ++++++ + 4 +++ +*+*+ +++*+*+ ++++ UND15TURBED + + + , ++ + + + + -901L1YP.++ — _ PLANTING 5--1 WIDTH pF ROOT13AL f LAN71NG 50IL BACKFILL 2 TIME5 WIDTH Of ROOT13ALL (ROYAL PALMS, CANARY 15LAND OR MEDJOpL DATE PALMS OVER 25' HT. CLEAR FIRUNK) N.T.S. LARGE PALM PLANTING DETAIL Page 32 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A SECTION 7 - GENERAL CONDITIONS 7.1. Notice to Commence No work shall commence until the Notice of Commencement is issued by CITY. 7.2. Exemption Prohibition CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting any provisions of this Agreement. 7.3. Failure to Comply with Provisions CONTRACTOR agrees and acknowledges that CONTRACTOR'S failure to comply with any provisions in this Agreement, including but not limited to failing to accurately complete any or all attached forms and exhibits, may constitute a breach of this Agreement, and may result in termination of this Agreement. 7.4. Additional Services If it should become necessary for CITY to request CONTRACTOR to render any additional services to either supplement the services described in the Agreement or to perform additional work, such additional work shall be performed only if set forth in an amendment to this Agreement. Any such additional work shall be by mutual agreement of both parties, negotiated as to price, and approved by action of CITY Commission. 7.5. Performance -Based Compensation A. The CONTRACTOR's performance will be reviewed collaboratively with the CITY on a quarterly basis during each contract year. The CITY will issue a scorecard at the end of each quarter of the contract year based upon the performance metrics outlined herein. B. The Performance -Based Compensation Plan will be used to assess the CONTRACTOR's performance when determining the amount of the Performance -Based Compensation earned. The base contract segregates the CONTRACTOR's profit margin from other cost. The profit margin is put into the Performance -Based Compensation tool and can be earned in whole or in part. The Performance- Based Compensation is earned profit and should not in any way be considered a bonus or gift. C. The Performance -Based Compensation plan addresses those performance evaluation areas that are under the control of the CONTRACTOR's management and area viable for evaluation. If, after final quarterly review of each contract year, CONTRACTOR receives a cumulative scorecard of 90 percent or better, the CONTRACTOR shall be paid the full one -quarter (1/4) of its profit for that quarter. If the CONTRACTOR receives a cumulative scorecard rating of less than 90 percent but greater than 85 percent or better, the CONTRACTOR shall be paid less 10 percent of one -quarter (1/4) profit to be paid that quarter. If the CONTRACTOR receives a cumulative scorecard rating of less than 85 percent but greater than 80 percent or better, the CONTRACTOR shall be paid less 25 percent of one -quarter (1/4) profit to be paid that quarter. If the CONTRACTOR does not receive a scorecard of 80 percent, the CITY shall retain the Profit amount owed for the quarter. Two consecutive quarters of a performance evaluation with a scorecard of 80 Page 33 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A percent or below may constitute a breach of this Agreement and may result in termination of this Agreement. D. The parties shall meet quarterly. Quarterly Business Reviews (CONTRACTOR Performance) meetings are set forth as follows: • July through September — by end of November • October through December — by end of February • January through March — by end of May • April through June — by end of August E. Feedback to the CONTRACTOR for deficiencies will be provided as deficiencies are identified. Deficiencies will be identified verbally or in writing. The CONTRACTOR will have the opportunity to correct the deficiencies in a timely and responsive manner. The deficiencies will be forwarded to the contact identified by the CONTRACTOR. F. Before an evaluation period is started, the CITY may unilaterally modify the applicable criteria or place emphasis on an evaluation area. The CONTRACTOR will be notified of these changes in writing prior to the start of the applicable period and the Key Performance Indicators (KPIs) will be modified accordingly. Unless the CITY gives the CONTRACTOR specific written notice of any changes to evaluations areas five (5) days prior to the state of a new evaluation period, the same evaluation criteria and wrights listed for preceding period will be used in subsequent periods. The performance evaluation criteria is provided in Exhibit F. G. Unearned Performance -Based Compensation for prior evaluation period will not be carried over to subsequent evaluation periods and will not be able to be earned later during the contract period regardless of correction. H. The amount of compensation payable by CITY to CONTRACTOR shall be based upon the prices as set forth in Exhibit B, attached hereto and made a part hereof, which amount shall be accepted by CONTRACTOR as full compensation for all such work performed under this Agreement. It is acknowledged and agreed by CONTRACTOR that these amounts are the maximum payable and constitute a limitation upon CITY'S obligation to compensate CONTRACTOR for its services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort, upon CONTRACTOR'S obligation to perform all items of work required by or which can be reasonably inferred from the Agreement. CONTRACTOR may submit an invoice for compensation, developed and agreed upon by CITY Manager and CONTRACTOR, no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. Invoices shall designate the nature of the services performed and shall also show a summary of fees with accrual of the total and credits for portions paid previously. Each statement shall show the proportion of the guaranteed maximum payment that has been expended through previous billings. Page 34 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A J. Notwithstanding any provision of this Agreement to the contrary, the City Manager may withhold, in whole or in part, payment to the extent necessary to protect CITY from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the City Manager. The amount withheld shall not be subject to payment of interest by CITY. K. Payment shall be made to CONTRACTOR in accordance with the local government prompt payment act as stipulated in part VII of Chapter 218, Florida Statutes, by check, electronic funds transfer (EFT), e-pay or p-card, or other method as determined by CITY in its sole discretion. L. Beginning on October 1, 2024, and each October 1st thereafter, CONTRACTOR shall receive an annual adjustment in the rates that are part of the total Collection element of rates established in the Rate Structure provided in Exhibit B. The adjustment to the Collection element of costs in Exhibit B shall be based on the annual change in the April Consumer Price Index - All Urban Consumers, Not Seasonally Adjusted, All Items, Miami - Fort Lauderdale -West Palm Beach Area, (the "CPI"), except that the annual adjustment to the costs shall not exceed 4% (increase or decrease). The CPI is available from the United States Department of Labor, Bureau of Labor Statistics. The parties acknowledge that fuel costs are reflected in the above referenced CPI, and therefore there shall be no additional fuel costs adjustments. M. Taxes: CONTRACTOR shall not be entitled to CITY' S tax-exempt benefits. 7.6. Verbal Agreements A. No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before or after execution of the Agreement, shall affect or modify any of the terms or obligations contained in the Agreement. Any such verbal agreement or conversation shall be considered as unofficial information and in no way binding upon CITY or CONTRACTOR. B. The terms, conditions, and pricing of the Agreement can only be altered with an amendment to the Agreement by action of CITY Commission. 7.7. No Contingency Fees CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, Commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 7.8. Assignment; Non -transferability of Agreement A. The Agreement shall not be assigned or transferred. If CONTRACTOR is, or may be, purchased by or merged with any other corporate entity during the Agreement, the Page 35 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A Agreement may be terminated as a result of such transaction. The CITY Manager shall determine whether an Agreement is to be terminated in such instances. B. If, at any time during the Agreement, filings, notices or like documents are submitted to any regulatory agency concerning the potential acquisition of CONTRACTOR, or the sale of a controlling interest in CONTRACTOR, or any similar transaction, CONTRACTOR shall immediately disclose such information to CITY. Failure to do so may result in the Agreement being terminated, at CITY'S sole discretion. 7.9. Compliance with Applicable Laws CONTRACTORS are required to comply with all provisions of federal, state, county and local laws, ordinances, rules and regulations that are applicable to the services being provided in this Agreement. Lack of knowledge of CONTRACTOR shall in no way be a cause for relief from responsibility or constitute a cognizable defense against the legal effects thereof. 7.10. Familiarity with Laws and Ordinances CONTRACTOR is familiar with all federal, state and local laws, ordinances, rules and regulations which affect those engaged or employed in the provision of such services, or equipment used in the provision of such services, or which in any way affects the conduct of the provision of such services; and no plea of misunderstanding will be considered on account of ignorance thereof. If CONTRACTOR discovers any provisions in the Agreement that are contrary to or inconsistent with any law, ordinance, or regulation, it shall report the issue to CITY in writing without delay. 7.11. Advertising CONTRACTOR agrees not to use this Agreement as a part of any advertising or CONTRACTOR sponsored publicity without the express written approval of CITY Manager or designee. 7.12. Indemnification A. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by CITY, to defend CITY and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims for personal injury, bodily injury, sickness, diseases or death or damage or destruction of tangible property, arising out of any errors, omissions, misconduct or negligent acts, errors or omissions of CONTRACTOR, its officials, agents, employees or subcontractors in the performance of the services of CONTRACTOR under this Agreement, whether direct or indirect and from and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, damages of every kind and nature, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and investigation thereof. B. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by CITY, to defend CITY and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims sought by third parties related to any alleged breach of any non -competition of similar provisions. Page 36 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A C. CONTRACTOR shall indemnify CITY and any of its officers, agents, servants and employees, for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement by CONTRACTOR of any patent, trademark, copyright, trade secret or other proprietary right relating to services furnished pursuant to this Agreement. CONTRACTOR shall defend and/or settle at its own expense any action brought against CITY, any of its officers, agents, servants and employees, to the extent that it is based on a claim that products or services furnished to CITY by CONTRACTOR pursuant to this Agreement, or if any portion of the services or goods related to the performance of the service become unusable as a result of any such infringement or claim. D. CONTRACTOR acknowledges that specific consideration has been paid or shall be paid under this Agreement for this hold harmless and indemnification provision, and further agrees with the foregoing provisions of indemnity and with the collateral obligation of insuring said indemnity. E. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY Manager and CITY Attorney, any sums due to CONTRACTOR under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. 7.13. Miscellaneous A. Ownership of Documents: Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of CITY. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. B. Audit and Inspection Rights, Retention of Records: i. CITY shall have the right to audit the books, records and accounts of CONTRACTOR that are related to this Agreement. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. ii. CONTRACTOR agrees to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged for which CONTRACTOR receives reimbursement. Such records and accounts shall be kept after completion of the work provided for in this Agreement, for at a minimum, the retention period required by the Florida Public Records Act (Chapter 119, Florida Statutes) and by item 340, Disbursement Records: Detail, of the State of Florida General Records Schedule GS1-SL for State and Local Government Agencies, as may be promulgated from time to time. Such books and records shall be available at all reasonable times for examination and audit by CITY. iii. Such retention of such records and documents shall be at CONTRACTOR'S expense. Page 37 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A iv. If any audit has been initiated and audit findings have not been resolved at the end of the retention period, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by CITY to be applicable to CONTRACTOR'S records, CONTRACTOR shall comply with all requirements thereof, however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CONTRACTOR. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for CITY'S disallowance and recovery of any payment upon such entry. V. CONTRACTOR shall respond to the reasonable inquiries of successor CONTRACTORS and allow successor CONTRACTORS to receive working papers relating to matters of continuing significance. vi. CONTRACTOR shall provide a complete copy of all working papers to CITY, prior to final payment by CITY, in accordance with the Agreement for CONTRACTOR'S services. C. Public Records: CONTRACTOR shall comply with The Florida Public Records Act as follows: i. Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the service. ii. Upon request by the CITY's records custodian, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. iii. 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 Agreement term. iv. Upon completion of the Agreement or in the event of termination of the Agreement by either party, any and all public records relating to the Agreement in the possession of CONTRACTOR shall be delivered by CONTRACTOR to CITY, at no cost to CITY, within seven (7) days. All records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY's information technology systems. Once the public records have been delivered to the CITY upon completion or termination of this Agreement, CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public record disclosure requirements. V. CONTRACTOR'S failure or refusal to comply with the provisions of this Section shall result in the immediate termination of this Agreement by the CITY. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 466-8901, horvathe@cityofaventura.com OR BY MAIL: City of Aventura — Office of City Clerk, 19200 West Country Club Drive, Page 38 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A Aventura, Florida 33180. D. Policy of Non -Discrimination: CONTRACTOR shall not discriminate against any person in its operations, activities or delivery of services under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. E. Public Entity Crime Act: CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crime Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, CONTRACTOR or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on an contract to provide any goods or services to CITY, may not submit a bid on a contract with CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to CITY, may not be awarded or perform work as a contractor, proposer, subcontractor, or consultant under a contract with CITY, and may not transact any business with CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from CITY' S competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. F. Third Party Beneficiaries: Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third parry by this Agreement. Therefore, the parties agree that there are no third -party beneficiaries to this Agreement and that no third parry shall be entitled to assert a claim against either of them. Based upon this Agreement the parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. G. Notices: Whenever either parry desires to give notice to the other, such notice shall be in writing, sent by certified United States mail postage, prepaid return receipt requested or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: Page 39 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A CITY: Bryan Pegues City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 peguesb@cityofaventura.com With a copy to: Robert Meyers, Esq. City Attorney Weiss Serota Helfman Cole & Bierman, P.L. 2255 Glades Road, Suite 200E Boca Raton, Florida 33431 rmeyers@wsh-law.com CONTRACTOR: Charles Gonzalez Brightview Landscape Services, Inc. 2711 SW 36t' Street Dania Beach, Florida 33312 charles.gonzalez@brightview.com H. Conflicts: Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR'S loyal and conscientious exercise of judgment related to its performance under this Agreement. i. CONTRACTOR agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against CITY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process. Further, CONTRACTOR agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of CITY in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONTRACTOR or any other persons from representing themselves in any action or in any administrative or legal proceeding. ii. In the event CONTRACTOR is permitted to utilize subcontractors to perform any services required by this Agreement, CONTRACTOR agrees to prohibit such subcontractors, by written Agreement, from having any conflicts within the meaning of this section. I. Materiality and Waiver of Breach: CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be Page 40 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. J. Severance: In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven days after the finding by the court becomes final. K. Joint Preparation: The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. L. Priority of Provisions: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any form and exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Sections I through 8 of this Agreement shall prevail and be given effect. M. Applicable Law and Venue: Attorney's Fees and Costs: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to, this Agreement. Venue of any action to enforce this Agreement shall be in Miami -Dade County, Florida. The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Agreement. The parties understand and agree that this waiver is a material Agreement term. This Agreement is not subject to arbitration. If any party is required to enforce the terms of this Agreement by court proceedings or otherwise, whether or not formal legal action is required, each party shall pay its own attorney's fees and costs. N. Amendments: No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement. O. Prior Agreements: This Agreement and its attachments constitute the entire agreement between CONTRACTOR and CITY, and this document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or Page 41 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A conditions contained here shall be effective unless set forth in writing in accordance with Section 8.17 (N) Amendments above. P. Incorporation by Reference: The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Forms and Exhibits are incorporated hereto and made a part of this Agreement. Q. Multiple Originals: This Agreement may be fully executed in five (5) copies by all parties each of which, bearing original signatures, shall have the force and effect of an original document. R. Headings: Headings are for convenience of reference only and shall not be considered in any interpretation of this Agreement. S. Binding Authority: Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. T. Survival of Provisions: Any terms or conditions of this Agreement that require acts beyond the date of its termination shall survive the termination of this Agreement, shall remain in full force and effect unless and until the terms of conditions are completed, and shall be fully enforceable by either parry. U. Truth -in -Negotiation Certificate: Signature of this Agreement by CONTRACTOR shall act as the execution of a truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. V. Non -Appropriation of Funds: In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal year for payments due under this Agreement, then CITY, upon written notice to CONTRACTOR of such occurrence, shall have the unqualified right to terminate this Agreement without any penalty or expense to CITY. W. Default: In the event of a default by CONTRACTOR, CONTRACTOR shall be liable for all damages resulting from the default. CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy specifically given or otherwise existing and may be exercised from time to time as often and in such order as may be deemed expedient by CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. CITY's rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to CITY in law or in equity. X. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the CITY Page 42 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A requires all contractors doing business with the CITY to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The CITY will not enter into a contract unless each parry to the contract registers with and uses the E- Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit: https://www.everify.gov/faq/how-do-i- provide-proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 43 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A SECTION 8 — SUPPLEMENTAL CONDITIONS AND CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS 8.1. Federal Funding 9.1.1. When property or services are procured using funds derived from a Federal grant or Agreement whether direct to the CITY or "pass -through" from another entity, the CITY is required to and will follow the Federal procurement standards in the "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", 2 C.F.R. Part 200, Sections 200.317 through 200.327. 9.1.2. CONTRACTOR, further referred to as CONSULTANT/CONTRACTOR/VENDOR within this section, shall work with the CITY under this Agreement to assure that it will comply with the following statutes and regulations to the extent applicable: (1) 2 CFR, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Appendix II (2) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities (3) Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 (4) 31 CFR Part 25 Rules and Procedures for Funds Transfers Contract Cost and Price: For every procurement in excess of the Simplified Acquisition Threshold, including contract modifications, the CITY shall perform a cost or price analysis in connection with every procurement subject to Federal procurement guidelines, which shall include an independent estimate of cost prior to issuing bids or proposals. For proposals where price is not considered in the award, profit shall be negotiated as a separate element of the price. In determining whether profit is fair and reasonable, the CITY shall consider the complexity of work, the risk to be borne by the contractor, the contractor's investment, the amount of subcontracting necessary, the quality of the contractor's record and past performance, and industry profit rates for the surrounding geographical area. "Cost Plus Percentage" methods for determining profit may not be used. 8.2. Equal Employment Opportunity 8.2.1. During the performance of this contract, the contractor agrees as follows: i. The CONSULTANT/CONTRACTOR/VENDOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT/CONTRACTOR/VENDOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or Page 44 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT/CONTRACTORNENDOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. ii. The CONSULTANT/CONTRACTORNENDOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT/CONTRACTORNENDOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The CONSULTANT/CONTRACTORNENDOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONSULTANT/CONTRACTORNENDOR's legal duty to furnish information. iv. The CONSULTANT/CONTRACTORNENDOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONSULTANT/CONTRACTORNENDOR's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The CONSULTANT/CONTRACTORNENDOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The CONSULTANT/CONTRACTORNENDOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Page 45 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A vii. In the event of the CONSULTANT/CONTRACTOR/VENDOR's non- compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONSULTANT/CONTRACTOR/VENDOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The CONSULTANT/CONTRACTOR/VENDOR will include the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub- CONSULTANT/CONTRACTOR/VENDOR. ix. The CONSULTANT/CONTRACTOR/VENDOR will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the CONSULTANT/CONTRACTOR/VENDOR becomes involved in, or is threatened with, litigation with a sub- CONSULTANT/CONTRACTOR/VENDOR as a result of such direction, the CONSULTANT/CONTRACTOR/VENDOR may request the United States to enter into such litigation to protect the interests of the United States. 8.3. Maintenance of Records/access to records 8.3.1. The CONSULTANT/CONTRACTOR/VENDOR will keep and maintain adequate records and supporting documentation applicable to all of the services, work, information, expense, costs, invoices and materials provided and performed pursuant to the requirements of this agreement. Said records and documentation will be retained by the CONSULTANT/CONTRACTOR/VENDOR for a minimum of five (5) years from the date of termination of this agreement, or for such period is required by law. 8.3.2. CONSULTANT/CONTRACTOR/VENDOR shall provide, when requested, access by the CITY, Federal granting agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the CONSULTANT/CONTRACTOR/VENDOR which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 8.3.3. CONSULTANT/CONTRACTOR/VENDOR agrees to permit any of the foregoing Page 46 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 8.3.4. CONSULTANT/CONTRACTOR/VENDOR agrees to provide the GRANT AGENCY Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. 8.3.5. CONSULTANT/CONTRACTOR/VENDOR shall retain all records associated with this solicitation and any agreements that are created in response to the solicitation for a period of no less than five (5) years after final payments and all other pending matters are closed. 8.3.6. The CITY and its authorized agents shall, with reasonable prior notice, have the right to audit, inspect and copy all such records and documentation as often as the CITY deems necessary during the period of this agreement, and during the period as set forth in the paragraphs above; provided, however, such activities shall be conducted only during normal business hours of the CONSULTANT/CONTRACTOR/VENDOR and at the expense of the CITY. 8.4. DHS Seal, Logo, and Flags 8.4.1. The CONSULTANT/CONTRACTOR/VENDOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific GRANT AGENCY pre -approval. 8.5. Local Vendor Preference Exclusion 8.5.1. Local Vendor Preference Ordinance has been waived for this service/purchase request and any and all references contained herein are non -applicable to this request and subsequent contract and/or purchase order(s). 8.6. Compliance with Federal Law, Regulations, and Executive Orders 8.6.1. This is an acknowledgment that GRANT AGENCY financial assistance will be used only to fund the services requested. The CONSULTANT/CONTRACTOR/VENDOR will comply with all applicable federal law, regulations, executive orders, GRANT AGENCY policies, procedures, and directives. 8.7. No Obligation by the Federal Government 8.7.1. The Federal Government is not a party to this solicitation and is not subject to any obligations or liabilities to the non -Federal entity, CONSULTANT/CONTRACTOR/VENDOR, or any other party pertaining to any matter resulting from the Solicitation. 8.8. Fraud and False or Fraudulent or Related Acts 8.8.1. The CONSULTANT/CONTRACTOR/VENDOR acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the CONSULTANT/CONTRACTOR/VENDORs actions pertaining to this solicitation. Page 47 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A 8.9. Subcontracts 8.9.1. The selected firm must require compliance with all federal requirements of all sub CONSULTANT/CONTRACTOR/VENDORs performing work for Prime CONSULTANT/CONTRACTOR/VENDOR under this Agreement, by including these federal requirements in all contracts with sub- CONSULTANT/CONTRACTOR/VENDORs. 8.10. Conflict of Interest 8.10.1. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officers, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non -Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from CONSULTANT/CONTRACTOR/VENDORs or parties to subcontracts. 8.11. Employment Eligibility Verification System (E-verify) 8.11.1. Statutes and Executive Orders require employers to abide by the Immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) to provides an intereet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. 8.11.2. Sub-CONSULTANT/CONTRACTOR/VENDOR requirement: Vendors shall require all subcontracted vendors to flow down the requirement to use E-Verify to sub CONSULTANT/CONTRACTOR/VENDORs. 8.11.3. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 8.11.4. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.gov/E-Verify. 8.12. Energy Policy and Conservation Act 8.12.1. CONSULTANT/CONTRACTOR/VENDOR must follow any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). 8.13. Small and Minority Business, Women's Business Enterprises, and Labor Surplus Area Firms 8.13.1. CONSULTANT/CONTRACTOR/VENDOR must take all necessary steps identified in 2 C.F.R. 321(b)(1)- (5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Page 48 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A 8.13.2. Place qualified small and minority businesses and women's business enterprises on solicitation lists. 8.13.3. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. 8.13.4. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 8.13.5. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. 8.13.6. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. 8.13.7. Requiring the prime CONSULTANT/CONTRACTOR/VENDOR, if subcontracts are to be let, to take the five previous affirmative steps. 8.14. Domestic Preferences for Procurement (2 C.F.R. § 200.322) 8.14. L As appropriate and to the greatest extent consistent with law, state and non -state entities should, to the greatest extent practicable under its GRANT AGENCY award, provide a preference for the purchase of goods, products or materials produced in the United States (including but not limited to iron, aluminum, steel, cement and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 2 C.F.R. § 200.322 also provides specific definitions for "Produced in the United States" and "manufactured products" that states should review. 8.15. Prohibition on Contracting for Covered Telecommunications or Rervices (2 C.F.R. § 200.216) 8.15.1. 2 C.F.R. § 200.216 prohibits state and non -state entities from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain, equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as a critical technology as part of any system as identified in Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. See Prohibitions on Expending GRANT AGENCY Award Funds for Covered Telecommunications Equipment or Services- Interim Policy for additional information. 8.16. Termination for Cause and/or Convenience 8.16. L The CITY by written notice to the CONSULTANT/CONTRACTOR/VENDOR, may terminate this Agreement with or without cause (for convenience), in whole or in part, when the CITY determines in its sole discretion that it is in the CITY's best interest to do Page 49 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A so. In the event of termination, the CONSULTANT/CONTRACTOR/VENDOR will not incur any new obligations for the terminated portion of the Agreement after the CONSULTANT/CONTRACTOR/VENDOR has received notification of termination. 8.16.2.If the Agreement is terminated before performance is completed, the CONSULTANT/CONTRACTOR/VENDOR shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount that is the same percentage of the Agreement price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress shall become the property of the CITY and shall be turned over promptly by the CONSULTANT/CONTRACTOR/VENDOR. 8.17. Suspension and Debarment 8.17.1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the CONSULTANT/CONTRACTOR/VENDOR is required to verify that none of the CONSULTANT/CONTRACTOR/VENDOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 8.17.2. The CONSULTANT/CONTRACTOR/VENDOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 8.17.3. This Certification is a material representation of fact relied upon by the awarded CONSULTANT/CONTRACTOR/VENDOR. If it is later determined that the CONSULTANT/CONTRACTOR/VENDOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Lee CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 8.17.4. The CONSULTANT/CONTRACTOR/VENDOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 8.18. Recovered Materials 8.18.1. In the performance of this contract, the CONSULTANT/CONTRACTOR/VENDOR shall make maximum use of products containing recovered material that are EPA -designated items unless the product cannot be acquired: • Competitively within a timeframe providing for compliance with the contract performance schedule; • Meeting contract performance requirements; or • At a reasonable price. 8.18.2. Information about this requirement is available EPA'S Comprehensive Procurement Page 50 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A Guidelines web site, http://www.epa.gov/cp/ The list of EPA- designate items is available at http://www.gpa.gov/c]2g/groducts/htm 8.19. Remedies 8.19.1.In the event the CONSULTANT/CONTRACTOR/VENDOR fails to satisfactorily perform or has failed to adhere to the terms and conditions under this Agreement, the CITY may, upon fifteen (15) calendar days written notice to the CONSULTANT/CONTRACTOR/VENDOR and upon the CONSULTANT/CONTRACTOR/VENDOR's failure to cure within those fifteen (15) calendars days, exercise any one or more of the following remedies, either concurrently or consecutively: i. Withhold or suspend payment of all or any part of a request for payment. ii. Require that the CONSULTANT/CONTRACTOR/VENDOR refund to the CITY any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. iii. Exercise any corrective or remedial actions, to include but not be limited to: iv. Requesting additional information from the CONSULTANT/CONTRACTOR/VENDOR to determine the reasons for or the extent of non-compliance or lack of performance; V. Issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; vi. Advising the CONSULTANT/CONTRACTOR/VENDOR to suspend, discontinue or refrain from incurring costs for any activities in question; or vii. Requiring the CONSULTANT/CONTRACTOR/VENDOR to reimburse the CITY for the amount of costs incurred for any items determined to be ineligible. 8.20. Other Remedies and Rights 8.20.1. Pursuing any of the above remedies will not keep the CITY from pursuing any other rights or remedies, which may be otherwise available under law or in equity. If the CITY waives any right or remedy in this Agreement or fails to insist on strict performance by the CONSULTANT/CONTRACTOR/VENDOR, it will not affect, extend or waive any other right or remedy of the CITY, or affect the later exercise of the same right or remedy by the CITY for any other default by the CONSULTANT/CONTRACTOR/VENDOR. 8.20.2. Unless otherwise provided by the Contract, all claims, counterclaims, disputes and other matters in question between the CITY and the CONSULTANT/CONTRACTOR/VENDOR arising out of or relating to the Agreement between the parties, or the breach of it, that cannot be resolved by and between the parties after conferring in good faith, will be decided by a court of competent jurisdiction pursuant to Florida law. If such dispute is in state court, venue shall be in the Eleventh Judicial Circuit Courtin and for Miami -Dade County, Florida. If in federal court, venue shall be in the U.S. District Court for the Southern District of Florida, Miami Division. 8.21. Contract Work Hours & Safety Standards (40 U.S.C. 3701-3708) 8.21.1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall Page 51 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 8.21.2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 8.21.3. Withholding for unpaid wages and liquidated damages. The State of Florida Division of Emergency Management shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 8.21.4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 8.22. Clean Air Act 8.22.1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 8.22.2. The Contractor agrees to report each violation to the GRANT AGENCY and the Regional Office of the Environmental Protection Agency and understands and agrees that the GRANT AGENCY and the Regional Office of the Environmental Protection Agency will, in turn, report each violation as required to assure notification to the CITY, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 8.22.3. The Contractor agrees to include these requirements in each subcontract exceeding Page 52 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A $150,000 financed in whole or in part with Federal assistance provided by GRANT AGENCY. 8.23. Federal Water Pollution Control Act 8.23.1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 8.23.2. The Contractor agrees to report each violation to the GRANT AGENCY and the Regional Office of the Environmental Protection Agency and understands and agrees that the GRANT AGENCY and the Regional Office of the Environmental Protection Agency will, in turn, report each violation as required to assure notification to the CITY, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 8.23.3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by GRANT AGENCY. 8.24. Byrd Anti -lobbying Amendment 8.24.1. CONSULTANT/CONTRACTOR/VENDORs who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8.25. Changes 8.25. L Modifications to alter the method, price, or schedule of the work for any reason shall be completed following the terms and provisions of the associated contract documents. No changes to the contract documents or the performance provided shall be made unless the same are in writing and signed by both the CONSULTANT/CONTRACTOR/VENDOR and the CITY. 8.26. Copyright and Data Rights 8.26.1. CONSULTANT/CONTRACTOR/VENDOR grant to the CITY, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the CONSULTANT/CONTRACTOR/VENDOR will identify such data and grant to the CITY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to Page 53 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A copyright under 17 U.S.C. 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the CONSULTANT/CONTRACTOR/VENDOR will deliver to the CITY data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the CITY. 8.27. Davis -Bacon Act 8.27.1. Minimum wages i. All laborers and mechanics employed or working upon the site of the Work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 C.F.R. part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis - Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 C.F.R. Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (a)(ii) of this section) and the Davis - Bacon poster (WH-1321) shall be Posted at all times by the CONTRACTOR and its sub- CONTRACTORS at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. A. The Contracting Officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract shall be classified in Page 54 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 1. Except with respect to helpers as defined as 29 C.F.R. 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. With respect to helpers as defined in 29 C.F.R. 52(n) (4), such a classification prevails in the area in which the work is performed. B. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30- day period that additional time is necessary. C. In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. D. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a) (ii) (B) or (C) of this section, shall be paid to all workers performing Work in the classification under the Contract from the first day on which Work is performed in the classification. 8.27.2. Withholding - LCBOCC shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under the Contract or any other Federal contract with the same prime CONTRACTOR, or any other federally- assisted contract subject to Davis -Bacon Page 55 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A prevailing wage requirements, which is held by the same prime CONTRACTOR, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the CONTRACTOR or any sub -CONTRACTOR the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the Work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Contract, LCBOCC may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 8.27.3. Payrolls and basic records i. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the Work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the Work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b) (2) (B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid Whenever the Secretary of Labor has found under 29 C.F.R. 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTORS employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. ii. A. The CONTRACTOR shall submit weekly for each week in which any Contract Work is performed a copy of all payrolls to LCBOCC for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a) (3) (i) of Regulations, 29 C.F.R. part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies Page 56 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A of payrolls by all sub- CONTRACTORS. B. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or sub- CONTRACTOR or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: 1.That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 C.F.R. part 5 and that such information is correct and complete; 2.That each laborer or mechanic (including each helper, apprentice, and trainee employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 C.F.R. part 3; 3.That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of Work performed, as specified in the applicable wage determination incorporated into the Contract. C. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (c) (i) (B) of this section. D. The falsification of any of the above certifications may subject the CONTRACTOR or sub- CONTRACTOR to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. iii. The CONTRACTOR or sub- CONTRACTOR shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or sub- CONTRACTOR fails to submit the required records or to make them available, the Federal agency may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 C.F.R. 5.12. 8.27.4. Apprentices and trainees i. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the Work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his Page 57 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire Work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of Work actually performed. In addition, any apprentice performing Work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the Work actually performed. Where a CONTRACTOR is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the CONTRACTOR's or sub- CONTRACTOR's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the Work performed until an acceptable program is approved. ii. Trainees - Except as provided in 29 C.F.R. 5.16, trainees will not be permitted to work at less than the predetermined rate for the Work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Page 58 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of Work actually performed. In addition, any trainee performing Work on the j ob site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the Work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the Work performed until an acceptable program is approved. iii. Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 C.F.R. part 30. 8.27.5. Compliance with Copeland Act requirements. The CONTRACTOR shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in the Contract. 8.27.6. Subcontracts. The CONTRACTOR or sub- CONTRACTOR shall insert in any subcontracts the clauses contained in 29 C.F.R. 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the sub -CONTRACTORS to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any sub- CONTRACTOR or lower tier sub- CONTRACTO with all the Contract clauses in 29 C.F.R. 5.5. 8.27.7. Contract termination: debarment. A breach of the Contract clauses in 29 C.F.R. 5.5 may be grounds for termination of the Contract, and for debarment as a CONTRACTOR and a sub- CONTRACTOR as provided in 29 C.F.R. 5.12. 8.27.8. Compliance with Davis - Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 C.F.R. parts 1, 3, and 5 are herein incorporated by reference in the Contract. 8.27.9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of the Contract shall not be subject to the general disputes clause of the Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 C.F.R. parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its sub- CONTRACTORS) and the Contracting agency, the U.S. Department of Labor, or the employees or their representatives. 8.27.10. Certification of eligibility By entering into the Contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTMs firm is a person or firm ineligible to be awarded Government Contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 C.F.R. 5.12(a)(1). Page 59 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A ii. No part of the Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 C.F.R. 5.12(a)(1). iii. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 60 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A SECTION 9 - EXHIBIT FORMS The exhibits located in this section of the Agreement shall be submitted by the Proposer/CONTRACTOR. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 61 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A EXHIBIT A - CERTIFICATE OF INSURANCE ATTACH CERTIFICATE OF INSURANCE Page 62 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A EXHIBIT B - FEE SCHEDULE The CONTRACTOR offers the following prices for providing all labor, supervision, equipment, supplies, tools, materials, and all other necessary incidentals to perform Comprehensive Landscape Maintenance Services in accordance with the scope of work. Base Bid — Biscayne Boulevard Item Description of Task Annual Total No. Al Grounds, Landscape, and Turf Maintenance $76,200.00 A2 Turf Disease and Pest Management $18,000.00 A3 Plants, Shrubs, and Ground Cover Maintenance $160,098.33 A4 Irrigation System Maintenance and Management $34,000.00 A5 Trimming and Prunning $71,800.00 • Ficus and Green Buttonwood, 6 times per year • Coconut Palms (318 count), 3 times per year • Date Palms (170 count), 2 times per year A6 Fertilization $7,000.00 A7 Litter and Debris Control $2,400.00 A8 Seasonal Color Replacement (16,800 count), 4 1/z" pot, 3 times $64,250 per year Sub -Total (Items Al through A8) $433,748.53 Profit $31,251.47 Grand -Total (Sub -Total + Profit) $465,000.00 Page 63 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A EXHIBIT B — FEE SCHEDULE (CONT'D.) Base Bid — Government Center Item No. Description of Task Annual Total B1 Grounds, Landscape, and Turf Maintenance $15,000.00 B2 Turf Disease and Pest Management $1,000.00 B3 Plants, Shrubs, and Ground Cover Maintenance $6,000.00 B4 Irrigation System Maintenance and Management $2,000.00 B5 Trimming and Prunning $5,000.00 B6 Fertilization $800.00 B7 Litter and Debris Control $1,200.00 Sub -Total (Items BI through 137) $31,000.00 Profit $3,000.00 Grand -Total (Sub -Total + Profit) 34,000.00 Item No. Description of Task % Markup (+) or Discount (-) C 1 Tree and Plants (based on "Betrock's PlantFinder —Wholesale Guide to Foliage and Ornamental Plants" 35% C2 Miscellaneous building supplies and materials 35% C3 Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: "Wholesale." 35% C4 Chemicals & Fertilizers 35% Page 64 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A EXHIBIT B - FEE SCHEDULE (CONT'D.) Supplemental Work - Unit Prices for Materials Item No. Description of Task Unit Cost per Unit DI St. Augustine "Palmetto" Sod Square foot $ 1.00 D2 Tifway 419 Sod Square foot $ 1.55 D3 Celebration Bermuda Sod Square foot $ 1.55 D4 I Zoysia Sod Square foot $ 1.88 D5 Bahia Sod Square Foot $ 0.75 D6 Spanish Gold Mulch - 2 cu. Ft bag Each $ 5.00 D7 Soil - 50150 mix Cubic Yard $ 70.00 D8 Soil - 80/20 mix Cubic Yard $ 65.00 D9 Annuals Mix Cubic Yard $ 75.00 D10 Sand Cubic Yard $ 65.00 D11 Bio-Barrier 12" Root Barrier Linear foot $ 10.00 D12 Stump Grinding - 3-person crew plus equipment Hourly $ 225.00 Supplemental Work - Unit Prices for Labor and Equipment Item No. Description of Task Unit Cost Per Unit 8:00 a.m.-4:30 p.m., Mon. -Fri. Cost Per Unit All other times E1 Laborer/Groundskeeper Hourly $ 35.00 $ 52.50 E2 Irrigation Helper Hourly $ 35.00 $ 52.50 E3 Irrigation Technician - Certified Hourly $ 55.00 $ 82.50 E4 I Large Equipment Operator Hourly $ 55.00 $ 82.50 E5 Supervisor/Foreman Hourly $ 55.00 $ 82.50 E6 Graduate Horticulturist Hourly $ 75.00 $ 112.50 E7 Bobcat w/operator Hourly $ 60.00 $ 90.00 E8 Front end loader w/operator Hourly $ 60.00 $ 90.00 E9 18 yard dump truck w/driver Hourly $ 46.50 $ 69.75 E10 75 ton crane w/operator Hourly $ 225.00 $ 337.50 Ell Work boat w/operator Hourly $ 150.00 $ 375.00 E12 Climber/trimmer Hourly $ 75.00 $ 112.50 E13 Chipper truck w/operator Hourly $ 75.00 $ 112.50 E14 Bucket truck w/operator Hourly $ 75.00 $ 112.50 E15 Water Truck w/operator Hourly $ 75.00 $ 112.50 E16 Spray Technician Hourly $ 55.00 $ 82.50 DocuSigned by: L(�ng,Jyt's J�, att� Charles �92CA4-Z-- �- ignature Gonzalez VPGM 2/9/2026 Title Date Page 65 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A EXHIBIT C - CONTRACTOR'S SUBCONTRACTORS LIST CONTRACTOR shall provide a comprehensive list of all sub -contractors (if any) and the work to be performed. Item No. Sub -Contractor Company Name and Employer Identification Number Work to be Performed 1 N/A N/A 2 3 4 5 6 7 [THIS SPACE INTENTIONALLY LEFT BLANK] Page 66 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A EXHIBIT D - TRANSITION PLAN ATTACH TRANSITION PLAN Page 67 of 70 as •ti�3�e��. Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A EXHIBIT F — PERFORMANCE EVALUATION CRITERIA s s s s s 0 0 0 0 0 0w °w 4 0w 4 0w 4 0w 4 °w O O O O O O 0 0 0 0 o© o o C n o t orn orn w oa, ocT w orn w Orn 0 0 0 0 0 0 ci] e i c) rn rn cn 0 00 0 0 00 0 ti 0 00 0 0 00 0 o 00 o 00 00 0 40 0� wO o� o� wo 0 w0 o o� w0 O 0,,o w rn N 00 N 00 N 00 N 0O N 00 N 00 0 0 0 0 0 0 con rn Cr rn cn v] O� o o U o O, o m o O, o a� O� O O� O O� O O O O O V] Cf s C ] V] C FO �O O FO 4O ~O 0 0 0 0 0 0 �J c ON C 8 O 5 O O O O v P v P v P v P v P v PQ O O 0 O O O cl] con C 6 "n on cn .0 .0 .O , 0 .O gy.O �s 0 is 4' w 4C 4'" L0 42 on C "I I., � v O LS O H mi N c� ie U a r: U 0. A � 0. m .tt •4�.1 N as � ¢' c� �" .� a-- _ e O C~ U U U xi U U U v Page 69 of 70 Docusign Envelope ID: 6018858B-C780-4F7D-844F-B78C158AA06A IN WITNESS WHEREOF, the City and Brightview executed or caused their duly authorized representatives to execute this agreement. CITY OF AVENTURA Signed by: 1 .. 10"FS ft By:13�eo34ar.. Bryan�Pegues, City Manager Date: 2/17/2026 Attest: Signed by: !P-GGE6 4fd5434BA... Ellisa L. Horvath, MMC, City Clerk Approved as to legal form: Signed by: City Attorney Date: 2/17/2026 Date: 2/17/2026 CONTRACTOR DocuSigned by: 6 By. sF�a€e�s�exrr .. Charles Gonzalez Printed Name: Title: VPGM Date: 2/9/2026 have Page 70 of 70 _. i h V v CITY OF AVENTURA RFP NO.2024-1-1 - COMPREHENSIVE LANDSCAPE MAINTENANCE SERVICES Presented by Craig Offutt on 2-20-2024 954 240 3746 Craig.Offuttl@brightview.com A Brighter Future Begins Here Tab A - Representations and Certifications The information in its entirety is proprietary and confidential, used only for the purposes of considering the nature and scope of Your business relationship with BrightView. The contents of this Response are not to be shared with any present or future service provider. Retention of this Response to Request for Information signifiesyour agreement to treat the information as confidential. BrightView is the nation's leading commercial landscape company. We take pride in delivering consistently excellent results for clients across the country, throughout the lifecycle oftheir landscapes. Project Name: Village of Bal Harbour Address: Bal Harbour Years of Service: 10+years Contact: John Oldenburg Phone: 305-993-7334 Email: joldenburg@balharbourfl.gov Village Wide Roadway Landscape & Beach Areas Project Name: City of Aventura Address: Aventura Years of Service: 25+years Contact: Alan Levine Phone: 305-466-8931 Email: Levinea@cityofaventura.com Parks, All Right of Ways Project Name: City of Weston Roadways Address: Weston Years of Service: 15+years Contact: Thaddeus Bielecki Phone: 954-389-4321 Email: tbielecki@westonfl.org Area A: Full -Service Landscape Maintenance The proposer shall submit a subcontracting plan with the proposal. The plan shall specifically identify names of potential sub-contractor(s), or area to be sub contracted, field of expertise, number of years in the field, proposed dollars amount of subcontracting effort by category and references. This plan will be incorporated into the winning contractor's contract and monitored throughout the life of the contract for compliance. BrightView will self perform all services outlined in the RFP BrightView fi_ ��e.�eae se.Vi�ea Project Name: Right of Ways Landscape Maintenance Address: City of Sunny Isles Beach Years of Service: 15 years Contact: FabricioVolpi Phone: (228)234-7369 Email: fvoloiPsibfl.net Contract Amount: $500,000, Roadways Landscape Maintenance Project Name: Town Landscape Maintenance Address: Town of Surfside Years of Service: 15 years Contact: Hector Gomez Phone: 305.861.4863. Email: hPomez(@townofsurfsidefLeov Contract Amount: $300,000 Townwide Landscape Maintenance BrightView Lpntlscepe Services _ FORM3-NON-COLLUSION AFF104VIT 1Le undersigned md,,idual, being duly sworn, deposes and says that, 1. HelShe iS VP mf BnghWi LaMscape Serviroa, Inc. proposer that has submitted the attached proposal 2. H&She t fully informed respecting the MPmatiov avd contents of the attached proposal and of all pertinent chewrstavices respecting such proposal: 3. Such proposal is gems avd is not a.1hsm m sham proposal. 4. N61t said propose mr any of its ffic oes. pvtmrs. owners. agent, represro i-, employees, or parries in interest, including this affiavt, has iv m way colluded. comijed, or agreed. d ectly or indect(y. with avyotherprop.s firm orpemonto submit acol.,s or shamproposaI iv cower . with the Agreement for which the abachedproposaI has been submitted or to refr i. Goa proposing iu couvectionwith the Agreement, or has. any mam,e. dacdy or indirectly, sought by agreement of ollision o, coma nufim mf conference aid, any other proper, f ar person to fix the price o, pocesiuthe anachedproposal. wdmy A,,p,opos a,tofixany mm,head, profitmcostelem,m of the proposal or ]he response of y other propose, m to secure tivmugh any coWavon, cmmivance, o, unlawful agreement-y ad­pagainst the City of Avenhua, Flodd, or any person interested iu the Agreement; and 5. The response to the attached 1LFP is f ,avd paper and is not tainted by any evpusion. compi nc couvr, uvfwfd ageement oo the part ofthe proposer or any of it agents, repres®ftnv osv employees, mpmties in interest, iuchuling this affiaut. BrightView _ FORM 3-NON-COZY 10NA AV (CO=) Sr�Cnenes Gonzalez STATFOF °v a ) Coe u "^...Baer , 1Lef egoivg ivstnam®twas acknowledged before me tl,is a day of, 262, by iy-- o l� M1 111) or Per Hy kmwvto me'�or hasproduced Idrntidcadov type o{idmti5catiw pradueed_ (NOTAAYS HF'aM SIGNATl1RFOFNOTAAYPl1HISC IfM`'. PAINT, TYPFJSTA NAIufE OF NOT Y F OArborist License 0 Quality Assurance Plan V,) FNGLA Certified QState & County Irrigation License lop Landscape Designers 0 OSHA Certified E-Verify Employer Legal Citizens Q Workmans Comp Q Provide Landscape Renderings Q Dedicated Account Manager Q Provide Reports for Tracking Services Q Horticultural Degrees Q Provide Cloud -base Software for Live Q CPR Certified W40 Look of Services Q Certified Pest Operator Q Best Management Practices Certified BrightView WHAT IS IMPORTANT TO YOU IS IMPORTANT TO US Since 1998 Disaster Response, FEMA CERTIFIED Managers are OSHA CERTIFIED Numerous landscape industry awards won within City of Aventura and adjacent municipalities Multiple Hurricane First Response Cleanup A LANV."r G BrightView l Landscape Services _ FORINI 4-DRUG FREE IYORKPL.4CE T1r wdaaigm3 Woposa iv acmrdavre xfm Cbapra 287 OSI-1]mida Sbmks, hereby reviEes chm BapMvlew LanR.[ape SeaNces, In[. does: (NamemWoposa) 1_ Puhhsh astatement¢vtifymg enW]oYces that the tmbwrvt vumif cMiug Ns butiw, dupaswg_ possraiv¢ m use vfa co¢hvlled sub— is Wvhibited iv the —ftba and sped-ivg the actions mat wiu ere ram agaivi ®pkryzs Ls womn®a or aaeh pmmms� Z Infnw employees abovtthe dangers ofdaug abuu inthewvhplace, mebuaivess'spoliryofmawmiwvg a chug-Leewvhpbre, avy available daugcmmselivg, aehabitimtivv, avdemployeeauismvice Wagaams. and We pwaltiesW tumy be imposedv employees for dmgabuse viobtiovs. 3_ Give srb employee ®gaged iv pmviding me eovtractuat saviees desmbed iv me AFP documem a copy ofthe smremml specifiedm subsection (I). 4. k the smtemenl specified w s.bsectiau (1). notify the employee Wat, as a conditiw ofwmkhag ov me vtnclual servires desmibed m ttie RFP mme Afire®®[ the employeewill abide byme tams of the went avdwill vmify me ®ploys vfavy coavicriw of m plea vfguJty m mlo cam®dere m, avy viollarivv of CTapts 893 m m avy conmo0ed svbstavice law m the United Scats m avy stag, mr a riolannn occrosngbme wmkpmae m lore man see (sl don aftamcL aoousmoa 5_ Impvsea saatiw an, oa aem;.P Wesalismclvrypmticipari®ivadrvg abuse assistance or rehabilimti® paogam ifsurb is available b me ®ployee's cvmmwiN, byavy employs who is sv cvvvicmd fi_ Make agvvd mim eBvdm continue tv mvvmiva drug -Lee workplace mmugh emplmmmlivv vftbis sakon I_ As me person mmoaia a m sign me smremenY. 3 certify mat ttis Lam complies fidly w;m me above requvemevh- BrightView I FORM 4- DRUG FREE WORKPLACE(CONT'O) chades Gon 1. Pnnt Names VP Tore 2-2U2024 tare STATEOF FWdi ) COUNTY OF MOMI Dade ) Thef egoinginarn -r— acknowledged before the[his 20" Feb"'yddaf,3@4by Charles Gonzalez VP M dfp—ocA-(.'gmg) (ThN fpr Mgtlf w land—pe ServVPs, Inc. Pet Ilykvowpiome/ p hasproducedldenhfi,,h —typeofid®riscahon P[oduced l— (NOTARY SE4LFERE) SIGNATURE OF NOTARY PUI311C rwuwlawuta�re PRINT, TYPEISTAMPNAMP OF NOTARY ' urE � IONf gllWtl if � fas„yy>m _ F0RAS 5- BDEPENDENCE ATTIFAITT The uvdasigved wWviduaL, b.g dWy swmv deposes mW says War Im Charles GDlazalez ofangnMew Lenaee.Pe ne. We Paupvse<ahat has sutamitted We axmeapaopa:m; I haebycuM1fyrothebestofmykvowledge WatveiWerIvor my ofthvsepasomresidivg ivmyhaysehvld have mhavehad durivgthepast 5veyems, mYnlaRoasWps (protessi0vil,f cial, famJiatm otherwise) with the City (a avY of ix tlxtricx)_ ix electetl o< appointed affiaalx: ix employees or agevx_ m my A "relatimship' fm We pvrpvse oClhis affidavit sha➢ wchade bvt mt be limikd Iv employzrlemployee, covsulrmt. c subcmtractor, assoeuk, officer_ parmxahip, joint vevture, owvership greaRr Wm me pact. lavdlmdkmmt, m aeWlmldeMm, giR dovmhmpimt (m euess v£Si0dOv), past m oo-going pers®a] relatiovshipa, m jvwt wwlvement wild chmiDblehrohmlvy aaiiviDes. Relatimshiv weudes haaive n with the firt" Exceptasl Wr[hbelow,Ihaebycatifytothebest ofmykvowledge Watvathalvm myvfihosepawas residivg ta my household bare received my promise of <ompmsativn. remvvmtivq giR, discouvL or older g<atwty is eavhmge Wr mypropvsal. I amdasravdavd agree —I shall,i the Cityw n 0fmy— relatimships(as R—d above) that I ®ter k[v with We City (or my of its districts), its elected m appoivted 0ffl lhN ns employees or agevts,o member m attemak vxmbaofihe Selection C®midee mating the periodd We Agr,—t I setfmthbelow mY eacePM1ovs lothe afmavrnlimaed (ifvove,wrik `Nooe'J: BrightView I _ FOAM S-ADE ICE AFFW'=(COM'D.) STATE OF donee ) COUNT C,F Mrami Dove ) The finegoivg ivstrumm[was acknowledged before me this s dayof„2029.by p%Pg3a11 a'knax4e3gmg) 11v11 for (CavnPea 1'rinomf PersomBykmwnk me � mhas pmdmed IdrnfiSnliw� type of idrnlifinkm pradmed (NOTARY 524LFIERE) SIGNATURE OP N0TAAYPf1RISC �e.'� PAINf_3YPFlSTAb1PNAME OF N0FAAY k�(� '!;a IA' b61NiaMl3lzma E-VERIFY Accountl07— BRIGHNIEW LANDSCAPE DEVELOPMENT INC Receipt 182-250564 MAILING ADDRESS BRIGHWIEW LANDSCAPE DEVELOPM ENT INC 24151 VENTDRA BLVD CAIABASA5, CA 91302 Account132— BRIGHNIEW LANDSCAPE SERVICES, INC Receipt 189C 275685 MAILINGADDRESS BRIGHTVIEW LANDSCAPE SERVICES, INC 55 E MOWRY DR HOMESTEAD, FL 33033 ALc0u010035 BRIGHNIEW LANDSCAPE SERVICES Rece1pt324-9896 MAILING ADDRESS BRIGHWlM LANDSCAPE SERVICES 24151 VENTORA BLVD CWRASAS, CA 91302 Account -- BRIGHNIEW LANDSCAPE DEVELOPMENT Receipt --- MAIL NG ADDRESS BRIGHWI LANDSCAPEDEVEWPMENTINC 24151VENTDRABLVD CAIABASAS,CA91320 E-VeriFy. vfesy U S. �imiaenship s � s—i igrarioR Services C BrightView li woe:cape servine: BrightView BrightView Lantls , Services ® FORA 6-ACI0w0A-LEDGAIF7NT OF ADDENDA The proposer herebv acknowledges the receipt of the following addenda issued by the City and incorporated into and made part of the RFP or the Agreement. in the event the proposer fails to include any such addenda in the table below, submission of this form shall constitute ac4mowledgmem of receipt of all addenda. whether or not received by the proposer. 4ldendum Number Date Received Print Name Title Si hue 1 7-24-24 Charles Gonzalez VP 2 25-24 Chades Gonzalez 'JP 3 2-13-24 Chades Gonzalez 'JP _ FORA17-CERTIFICATIONTOACCLRACYOFPROPOSAL 7be proposer, by executing this £ono hereby—fi, and attests that all f s, affi4asdts and documents relatedtherelo Wat ithu enclosed mThe proposaliv supporto£its proposal are true wd accorafi_ Faih-by the proposer to attest to the truth and ac—q of sock forms, aidavits and documents shall resWt in the proposal bdng deemed non -responsive and such proposadwill oot be considered. By suloo, Mg a proposal to do the work, the poop oser rerfiSes that a careful review of the RFP and the Agreemem has taken plare and dutthe propos n Cully fh=dmd mderslandslbcregoi—, softhe RFFI-dthe Agreement andlbe quality and quantityof servfe b be performed. Ile mdersigased individual. being duly sworn, deposes and says chat 1. HeJShe u VP of B�igbNiew Landscape Servkes, Inc�����t has RdauitI" the aMaehed Proposal 2. HeJShe is fbllyinfofined respecting rheprepamtioo andmntems oflhe attached proposal and ofoll foams. sMdavits mud documents sub—d in support of such proposal; 3. All forms, affidavits and documents submitted in suppoR oftbis proposal and wcluded in this proposal ue tore and accurate; 4. No information thol should have be® inchtded m such forms, affidavits and do—h hu be® ommed; nd S. No information thath iwludedm such £ams,offi&mu or do— isfalo ormisleadmg. BrightView l _ FORM]-CERI4ICATfONID ACCIJ[LACYDF PROPoSAL (CONPD) SFAFE OF co=OF as ..— ) Ibe finegpivgiastmmmewasaclmowledgedbefore ,— N' day, of,2 rN lPanoaacxaow+edyag� �, 711 for mw�aaan� FeSoaaur mpwa more ✓ pr ha: moaaeea daeneseanpp_, rypeptmeoti6cabon moapcea ([�OF.4AYSPALtIFREJ 9GNATURE QP NOTAAYPl1BLiC _ PAINf, 11PF15TAMP NAb1E OF NOT= Fhrtla BnghtVew landscape Development Inc ADDS 6dgh[Vew Eandscape Development Inc CrC1531-931 OnghtV.— Land—pe Development Inc. CBC12257M HrightVew Landscape Development Inc. CPC1459079 anght'A— Landscape Development Inc. - Kurt H—. LC26000295 OlighLView Land -ape Development Inc SCC131152743 R,igbLVew Landscape Devdopr tr Inc_ CPC1459Rt TM&ar ENWRONMENTAL PROTECTION NFo-3ohrmv Edmond Moses Johnny OF Edmond GV916539-1 GV91Go�9 UFIIFAS Certificate of Training Best Nt gelpt€q ractices GV91s6539 1 G►9R6539 The Mod hereby that ores ]ohnny �ilnTon has soccessfaym 411-rega�r 7Agnft nec�s.an to hp yTrained+,—gh the Green Indust-!;z# AgnnaKe.nentPractices Pl,i'. am developed by the Honda Dep—em of Environmental Protu tuip th d e Ltni isy of -, f1 Ronda lasult)yheof6 d ddrogen aul Stiencea t� Aq-.1 rral Dealer C-Cfied General Contractor Cex4Tied El.1ding CCrltRe , C,r fied Pod Cons ., Larsd—pe Archifeck Dceaase ImpationCot-or Certified Pod C—a— BrightView li Landscape Sery ces E i C p °- profile.tngla.o�q/venry-a-certifiraMnzreloza=timezone to<�a�,l;�t. .�q�is�le.l�Re ♦O�a�a�fir�.Nem... asr�np,�q ■s1�kp�ore,lsl� =19ome �Ada,e..e,te„�n p,a�rre.P.oPies ®r31L�a�d�� p600gleMaw �5,q�;�k Morales Organiza[ianr D6"I Vlew Lantlscape Services o Organization Phone: t-407-292-9600 Organizahon email: Certification: FNGLA Certified Horticulture Professional ertified Si—: -0/2— enifica[ion Ezpiration Date: 331/2025 Additional Memberships: 0lganizationa1 Membership N.— Duarce Organization: Bdgh[Vlew Lantlscape Services o Organization Phone:'_ 1E07-7164006 O�ganizadon email: shanna ING, @Brightviezr.com ertification: - 5/Certified tantlscape Technician ertified Since:4i.twh 2 rtification Ez b-hin O019-30/2025 Atltli[ional Memberships:Organizational Membership Verify an FNGLA Certification Please input Ne fOBowtztg hdorT.'tafimr to WdanFNGIACertifiedProfessi— me: TNer Drew organization: BrightView Landscape Services o Organization Phone: _.. 1-813-297-4695 Organization email: Certiricatian: FNGLA certifed Horticulture Prafessionel ertmea gi— 1-1/2— ertifcation Expiration Date:12/31/2024 Additional Memberships: Organizational Membership M.— lohnathan Giaq—t Organization: Bdgh[V andscape Services o Organization Phone:-_.1-407-29z-9600 Organization email: ertifiratian: FNGLA certified Horticulture Professional ertifietl Since: 62rz➢23 ertifcation Ezpiretion Dale:6/30rz026 Additional Memberships: Organizational Members hip Name:Jonathan Duarte Organization: Brigh[New Landscape Services o 01,, zabon Phone: 1 7-718-6 Organization email: o Shannnn.Harry@Bhghtview.com rtification: FN—Certified Landscape Maintenance Technician ertif etl since: 4/15/2022 ertification Expiration D— 6/30/2025 Additional Memberships: Organizational Membership Organize[ rn: BorightMew landscape Services o Organizabon Phone:_ 1007-718-ao06 Organization email: Shtio.:I Ha.—flfi.d w.com rtification: FNGIA certified Landscape Maintenance Technician ertifiedsince 111-22 ertpi-pi ification Ezembpiratierson Date:6/3 d/ l Atltli[ional Mhips:Organizatlorwl Membership 3 BrightView fi Landscape S.M.— _ FORMS- SCRLTVdZED CO3EPA2NgS Theu¢detsig¢edprpp,um..... dance with Sectio¢ 287.135, Flmida Sbh,D ,. hereby certi5es flat PFopo., is-1 paf iiipating i¢ a boycott of E-1 Ptvpostt is Dot oD the Sczunvized Companies with Ach 1h, m Soda¢ List or fe Scnt—M Compaves wif A —di,,,, in the Lau Petroleum Energy SecloT List: Proposer does ¢ot have buvimss o tiws m Cuba or Sync. Psrm *]ems Goem z VP Ti le Date STATE OF M a } COUNTYOF Miami Dade ) The f egotvg insfumentwas acknowledged before me this 2- day of , 10I? by as p R✓h�r o Peron act/wwledSmgl (Two fir (C Panl'naa )ce Personally lmown Nme `� or has produced ldenti6catiov//, typFeof—identi5catio¢psad., d (NOTARY SEAL HERE) MIN4.TURE OF NOTARY PUBLIC PRINT, TYPFISTANe NAW OF KE Nl�MN�FIp� BrightView m _ FOR119-ITULIC ENTITY CRLYIES Swum Stat®®r UvdQ §28] 133(3)(a} Flunda Shmfa (15isf musthe sigrcdwfheprcace ofavotuypublicmofhavffiuravmmimltoadmivisfa oaths.) L Ibis sworn sUl�mfusubvuhed with &d.11vpvsalmc®hac[No. m - i. Itis sworn slat®af is submYkd bf nn9nbiewienescece se (moreof ymbci c9csmoma'Int®®t) whaubusivess address ¢: Fedenlltlrnt5caM1wN bn (FF3N)is: (�EappB ble) sooal smutty N.mbm: (J tbe .tity has vo kEM, -..lode am Social Secunry Number of the wdividual signing rtis .wm..nat®eat) 3. My...: (pint name of wdividual sigoivy this dvnsm®[) 4 I mdmlmd that a "public miry more" as deLval w §28] 133(txg), Florida smnnes m viontim of me umtea amavyh.Nm mubhc fetlenl law by a pema. wim rnpect m aver directly rented to ibe ffda myp11y mwimavag®rympoa{ial sunaiwaoqufavy othmsmtei nia_ mcl.amg, mrt nit limitea m, mr bier m ce.bact mr gee.: oa:ea�ire: m ire pa v any public rnYry or av agevry m pvliacal sobtlivisiou of any o Wn Hate m of 1M UuilN srs mvalvivg avaawt, fraud, WeR, baibery, caWasiu4 mckehmvg covspvacY. m m i Iuvhrstandiha[a"co.virYed"m"cmvicdov"azdemMiv §28r133(I)@). Flmim 8lamtes, mrays a fivdag of goat ufa rnvvictim ofapublic ®tity came, wim m without av adjudvatiuv ofguilt w any Bernal m na m trial cwrt of record remlivg to charges brmght by wdictmmt m ivfo�matim aflm luly I. 1989, as a resvl� ata j ury verdict vm-jury oral, or miry of a plea of gutty m mlo cwtadme_ BrightView I _ FORM 9- PUBLIC ENTITY CRUZES(CONT D) 6_ ] ¢.der ia¢d that an "affiliate" as defined m §287 133(1)(a}, Elvuda S1aNtes mews (a) Apmdn's .surrsssor ofapersonor acorporalionr�vided ofapubFc amity crime_ (b) e1n endry tmdu the co.hol of any natural peson who u active m the management of the ®city and who has be® convicted o£a public enury crime_ "ILe term "affiliate"includes those officers. diredors, execumes, partners, shareholders_ employees, members_ and agents who are active i. lht mavege t of an affiliate. 11e ou-A p by one pemon of stores cw ftt tag a conholhi g interest ...other W.or a pooling of equip—1 . wcome among persons wh®not forfiirmarket value order an arm's Irngth agreement shall be a prima -foie case that one porso¢ controls ..other person. A person who knowingly ®tars o a joint vevNre with a person who has bee¢ r®vicled of a publer entity came iv FNrida davvrg the preceding 36 moth hs shall be considered an affiliate_ 7. ]nvderstandthata "person"as def din ¢287.133(1)(e), Florida Statutes. means agyvaNmt person entity organized under the laws of any shte or of the 17vited 5tates with the legal power to enter into abindlgcontacta¢dwtrhbuads or applies to bids as waft foxthe pro ion ofg..&. ervaceslet by a public®tity.whichothrnvise tramsd. mappliest rvm apbus.e hithapublic eotity. ILe term "person" includes those o6cus. tlirettors.. execuives• panthers. shareholdtts, employees.members. andagents who am.dive in manage tof-wtity. A. Basedon the infamutiov and belief the suremenf thatI have markedbelow•is uue inrehNon mlhe rnliry submitting d swam starement. (Please indicate which shlemem applies) _ ✓ Neither the entity submitting the sworn shtemeof, m any offices, directors_ executives, a partners, shin a ldm, employees, members. agents who are .,five m management of the entity no any atRli of the®tity have been charged with and,®.teed of a pubhe entity came subseque¢t to tiny 1, 1989_ b. The e.hty submitting tbis sworn state.®t or a of the officers, dired.s, ecutives, partners, shareholders, employees members . agents who are active . management offU a hty ai anaffiliate offhe a hly has been charged with and coawctcd of a public entity crime subsequeat m Iuly L 1989 and (Please indicate which additional shtement applies) I) There has been a pmreedig c -mg the conviction bef e a hearing officer of the Stale o£Eorida, Division otAdministraVve Hearings. The final order entered by the heauvg offuer did not place ilia person . of fl t, ® the ....nand vend. NA _ (Please avacha copy of tbe €mat order) AVAILABILITY With dozens of locations across Florida and more than 3500 employees in the state, we can dispatch labor, equipment and materials faster than other landscape service provider. Recruitment; Currently BrightView has a dedicated recruiting Team involve in 30 Horticulture and Agriculture Colleges throughout the United States and Puerto Rico. Some of these schools include University of Florida, Ohio State, Auburn, Penn State, Mississippi State and the University of Puerto Rico. Our internship and success retaining these individuals is unparallel in the Industry. BrightView also sponsors Scholarships and Industry training through recognized and accredited Landscape Associations. ✓Value Delivery BrightView takes a practical, customer -focused approach to delivering landscape services. We pride ourselves on: -Delivering on our promises. Satisfying customers is at the core of everything BrightView does. BrightView is fanatic about measuring and improving the way it creates and delivers upon client expectations. -Personal service based upon specific client needs. BrightView trains, empowers, and provides incentives to local managers to make the decisions necessary to service and completely satisfy our customers. We strive to fully understand the needs of our customers and to address those needs with a personal level of service. -Treating our customers' dollars as ifthey were our own. BrightView leverages its scale and expertise to drive down labor and material expenses and passes those savings through to its customers. -Anticipating and resolving problems before they arise. With 70+years in the landscape industry, a highly tenured workforce, and the best training in the business, BrightView prides itself on bringing the right expertise to bear on landscape problems and resolving problems right the first time. BrightView has an unrivalled reputation in the private and public sector working successfully with owners, builders, developers and property managers to reshape the national landscape. ✓Ensure 100%compliance with all labor and immigration laws,we are enrolled in E-Verify E-Verify in all states in which we operate. ,��r,,,_ us.cit� nst�P BrightView A and Immigration Services LanazcaPe se m�a ";�4Irri Irrigation. g ASSOCIATION" p� JQ d pr&Pitt %Lftliahai �I xD1nP coxTAcrus GAMS-PUBSCEVTfYCRAlpSconNrD 2) The peso¢ m a6durc was pUcal w the convicted list_ Thee has be® a subsequent pr—dutg before a 1 ivg oMI. of the State of Florida, Division of ONLINE SERVICES LICENSEE DETAILS 2.1759PM&fS,2024 Admi¢isnanve HI.,, The daA mdae¢tved by the heaeivgaffice d— thal itwas m d, public inn— m remove the penan m irdure E solhe convicted Luis Acosta, Certified Irrigation LILBnSee lntconn ion vendorlist OhIase chi copyofthe final orde) Technician Apply Fora ❑tense Name_ - VICTORIA, CARLOS M prima Name I ry 3 The ) peasov of affiliate bas vm been placed ov the ewvfG v®dm tis1. (Please Bri htView Landscape Services g Fe Fort Lauderdale, FL Verily Licensee DRIGHNIEW LANDSCAPE SERVICES, INC. toSA xamel ae,a;he any ace�taxenwoc penning wimwenepvmaent of cereal sa"i`c;7 View Fuod& Lodging mepectluns MelfiAddress: 3975 SOUTHWEST 198TH TERRACE MIAMI Florida 33157 xzo-z David Prado, Certified Irrigation Technician File a Complaint County: BADE S.gpanne �ro BrightView Landscape Services Continuing Eduoatian Course Miami, FL Search License Location: 4155 EAST MOWRY DRIVE STALE OF fla"ae HOMESTEAD EL 33033 ) View Application Siaius County: RABE couNrroF w, Iss_ Miguel Carmona, Certified Find Elam InIDlmatlon Irrigation Technician Lirense ln10fn18tlnn Suromroaadmb hd before me fbrs vim' dayof I —,by BrightView Landscape Services Onliwnsetl ACVvity Search Miami, FL License Type Certified Plumbing Contractor Lo cbe ko¢e van knowvmmem hu AB&T Delinquent Invoice B Acxvily Rank. Cent Plumbing .dmwmhan Dsl Search License Number. CEC1429383 Joey Malvaes, Certified Status Curreni,Atlive Irrigation Technician Ucensure Date. 0911712015 Ncb-Pni,h,Shteof rivnae BrightView Landscape Services Miami, FL E�ipires: 08131Q074 -- Special Qualifications QualiUcffiion Effective P.intm TypeNameofNararyPubtic Construction Business 09117R015 Say mmmisstoa enpa. (seal) 1Nnnwaw:thmasealoratamp) av��.lmuuas BrightView 3 a� BrightViewl� wndaeaP¢ Services E_$QBET B -FEE SCHEDULE EXETBFf B-FEE SCBEDnE (CONT'D ) the CONTBACIOR off the fouo,awg prices li pruvidiug all labor: superms ., equipment: supphr.IOOls. mateeials, and all othanerasary incid®ralsmpeM C®preh®sivel�derupe Maintenance SeNioes in accmdancewith Ne scope of work Base Bid-Biscarve Boule}'azd Item Desnipdon fI", Annual T..E —Na.— Al Grounds, Landscape, and TeefMaintw $762DO A2 7�ufMsease and Pen Management $18,000 A3 Plants, Sh b,,and G—d Cm Mainte,auce 1160,098.53 A4 raigatioo System Maimenarce and Management $34,000 A5 Trimming and Panning •Ficucand Greco Bunoouvod_ 6time;peryenr $71800 • Coexmut Palms (318 c-1). 3 limes X — • Dale hl- (170 colmi). 2 times per yxm A6 F.Wmtiw $7 000 A7 Utter and Debris Ceanol $1111 AS SeasoualColor Replacement (16.800 wwt),4'h"pob3limes $64250 9040.1(It 41,lunu�h AB) $433,746.55 Nofir $31,251.47 Cawnd- log (Sab-Tarol+Prefil) $465,000 BrightView Base Bid-Go,-e—t Cemer Item Via. Desnipdonoflash Anoaal Total BI Grmmly. Landscape, and TwfMaintenancz $15,000 Bz T&DlsenaeandPetManagemmr $loop B3 AmN SLmbs, aad G,mml Covv Mtinleaance Kam H4 hriganae system Meal— and Mamg— $2 000 85 Trimvingaod Framing $5,000 86 Fati7iratiw $800 87 Liner MDehds Conhol $1,200 So,Tog(Ilemc Bl Wrough B71 $ 31 000 Penfit $3,000 Graad-Tual(So,Toal+ProGc) 534O00 I— Descdpdon at Task 1 Ahd,up (y or Dk—, (-) Ta. CI Tree andPlaos(basedoa'33eaocls P1.tFieder-Wholesate G.&to FkS,and O,nam WPtmlc" +35 C'_ 1&-fl wuebuil - s hes and materials +35 C3 kph, Pans & Suyplies (based on Site0ne Lwd-W Su 1 Can o ." les le' +35 C4 Chemcals & FedBiars +35 ISA Certified Arborists Corine Ferre — FL0260-A Thr lntcinarional SocieW nfnrbnrien pure ®. 'ISA C'e�nified,Ad)OTIoV Credential Verification 6effificahon ID seamh'R.0160A' mtumed 1 mmrds Back to Search C,ei. Fene ME, TX �UNITED 1 ESA Certified ArbprO M. NO STATES Explanation of ISA certification credentials Explanafion of ISA qualifications 1 Jenna Crawford — FL— 10030-A The InternationalSociety ofArboriculfure JeAta �JRY(C ISA Certified ArborisP AAW Credential Verification Lemfica6on ID search 'FI10070A'retumed 1 recoms Bark to Search dsoa Crawford Homestead FL tiIV1TED ]SAOerfdied.ArbodstT U. STATES ^�) Explanation of ISA certification eredmtials G Explanation of ISA Qualifications Is FDOT— MOT Certification Luke Facarazzo - #74378 Laura Groth - #74386 Verify a Certificate Search by Name First Name Middle Name Last Name Level CeHificate No. Start Date Expiry Date LUKE Search by Name First Name Middle Name (AURA FACARAZZO Advanced 74378 June 8, 2021 June 8, 2025 Last Name Level Certificate No. Start Data GROTH Advanced 74386 June 8, 2021 This Certifies that LUKEFACARAZZO Naa Completed a Fbrida Depadment of Tr.rraportad— ApWoved Temporary Traffic Cordrol (TTC) Advenoad Course. - Date Explres: 05/O8/2025 Certifioala # 74378 , Instmctor: Jeremiah MCCaMY FDOT provider # 140 undo Safety Council 4-8O �503-1900 F ard,Palm Beach, FL IiY m�wftonoa actLcomu �t fl 'tl fetyco ncil.com M Expiry Data June 8, 2025 BrightView BrightViewl� Landscape Services EXFIIDIT B-FEE SCHEDULE (CONT'D.) Supplemental ]Fork- Fait Prices for At udiah Item No. Desrripdo. of Task Fait Cos[ per Unit DI St. Au Stine "PaLnertd" Sod ware foof $1 00 D2 Tifwa 4l9 Sod I'm foot $1.55 D3 CelebnnrmBemmda Sod 5 —, f— $1 55 D4 Z is Sad Store foot $tE8 D5 Hahia Sod 5 raze Foot $ 75 D6 S apish GoldMulrh-2-Ft Fatb $5.110 D7 Sail-50l50 mite Cubic Yazd $70 DS Soil-8020 nnt: Cubic Yad $65 D9 Auurlak l4px Cubic Y, d $75 1310 Sand CUM, Yazd $65 D11 1 Bio-BomaI 'RDM B— L—f t 1 $11) D12 I Shnunp Cmndia - 3- — hrs duw B..IY I $225 S.pple.ea[d Park -Unit Ml—for Lab,, sad Egwpmeot Ile. id. Desnipd.. of Fask Uait Cost Per Unit 9:00-4:30 p..., Ala.. Fr' Cost Per Unit ARInherti.es E1 Labrrer H-cdy S35 344— $52.5t] E2 hneatirm Idmai $35 $52.50 E3 irri 'oa Ter}.kiaa-Certified Houd $55 $a2.50 FA eE - t to lima] $55 $6250 E5 gm — IF— limaiy S55 $3250 E6 Graduate EoMti dnamt Huudy 75 $112 50 E7 Bobe.t wl or lima] $60 S90 ES Fro. end loaderwiopetaror Fimxly 56D $90 E9 18 yard dump track widnva Howdy $46.5C $69175 E19 75 ton Dane w/ H--1 $225 $337.50 Ell Workboat—perator H—ly $150 $375 Ell Cftuubarnuama Haw] $75 $112.50 E13 ChA-tnrrkw/opaatoc H—ly 175 S112.50 E14 Braket malt wloperatca IimsiY $75 5112.50 E15 Water Truckwl for Houd $75 $112.50 E16 Sprey7ec1eu— IiDDdy L55 $6250 VP 2-20-2024 S19-mre Title Dare 30 Days Prior to Service Introduce BrightView personnel to all facilities personnel and provide contact information BM will assist in developing the necessary communication channels to help expedite a smooth transition to begin initial work AM and PM will communicate set up process with Customer Take a site tour with all personnel involved Meet with management to discuss areas of immediate attention and concern Discuss with management our QSA program and set up walk schedules Develop schedule for daily, weekly and monthly meetings and property walks; set up reporting formats Provide monthly operation schedule and maps to management Take soil samples to apply to agronomy program First 30 Days of Service Develop a Quality Site Assessment (QSA), add any areas of improvement or concern that need to be addressed overt he ne# several months Begin daily, weeklyand monthly operations Account Manager, Production Manager to train crews on best practices for property and adjust mapping system for personnel if necessary BM to spend time with crews for learning curve from startup of operations. They will assist crews in training, creating schedules, and procedures for communicating with the client Follow up on all first month operations. Check on pruning techniques and detail operations Adjust on site personnel schedules to insure we are addressing daily operations Walk daily and continue to work off of initial QSA Schedule winter turf applications based off of initial soil samples Follow up and continue to improve daily, weekly and monthly operations Adjust communication with Community Staff management _ Locate areas of weed issues and address immediately Next 30-45 Days of meet to Meet with management to discuss wins and opportunities of first 30 days of service Make any adjustments to schedules to keep on right track Continue monitoring crews on all services and make adjustments Continue training crews and work on efficiencies Walk property and complete new QSA within first 45 days of service Monthly visits from BM to assess property and meet with Community 4 Prepare mow, detail, and spray schedules leading into the fall/winter season j BM to visit property and provide first report on agronomy program BrightView?3 Pesticide License CM — Commercial Applicator Patrick Woolbert — CM27436 C,.116a1 Appbliri Lleeose ..eai.I Cm 1436 WOOLPERI'. PnTI[rCK C LqL uspmw inavK 3 ernwrnnorv, P� s�i� Isaued: de -_ Eapirea: Apri131, 1*11 s1�.w nIUU rR IRn Florida Department of Agriculture and Consumer Semi Licensee Report With Categories CM COMM ER CIAL APPLICATOR LICENSE Run Report � Canrel ® Show/Hitle C°lumns Semch: 2�11 z ORT.i�MAi 1350 ol sA ac TE0.' 1310­1'2 '1'OOLBER'I, A�£ LAND5CAPIIv'e, — 7,16 G0+'�J:6 PaT�Q{ 4A, 2012 A302p16 .11�U'Il1RF PEST PLdKT is, 2TII5A� —sT PLA[i£'AII u BROR�nRO i36b59i CONTR6L FL 11311 DAL'�,FL 33312 FL 11123 BrightView Lantlscape Services Pesticide License LF Jonathan Duarte — LF258119 Licensed Pesticide Applicator Detail Department a( l9gruultII aRDlQDneumer gODIH. H. TD. a.rav<H .I aapxs THE LTD COMMERCIAL FERTILIZER APPLICATOR HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: Ap,i114, 2025 no�Rl�Raa o,4R15.1��.,. Appllcab Fs Ram. cry, M— DUARTE,JONATHAN LAUDERDALE LAKESFL e Type: LF25S119 Normal Limited Urban Landscape Commercial Ferlilize Ca .. O.ui..l Issue Oare Expi—Dare 4114l2017 4/1912021 4/14/2025 AR-1 C-1: DQ BrtghtVtew BrightViewV La—., Services ATSSA Certified -Temporary Traffic Control Supervisor American Red CrossAED/CPR/ First Aid m"" """"'------- American Red CrossAED/CPR/ First Aid Instructor OSHA 10 Card — Construction Safety and Health FD& FL Pesticide Applicator Certificate — Registered Tech � VCLM — Excavation Safety — Competent Person Training VCLM— ForkliftSafety— Trainer American VCLM Fall Protection Training Red Cross Temporary'rraflcLomrcl VCLM Fall Protection — Competent Person /Trainer p Training Services (Maintenance nl HandTrallibook Training Hand6oak Pesticide Applicator Certificate for Lawn and Ornamentals ISA Certified Arborist ...... FL Licensed Tree Expert ISA Certified Arborist Certified Tree Risk Assessor 0-i'F E M A Florida Certified Horticulturist Florida Certified Pesticide Applicator Certified Irrigation Contractor and Certified Landscape Imgation Auditor by the Irrigation Association which is a national certifying body for the irrigation industry. Average of 30 years of experience in the green industry Degreed horticulturalist Masters of Business Administration SIM"i Occupational Safety and Health Administration -%%// NATIONAL PFNUGLA, RORIDA NRSERY. GROWERS AND UN"E AUXIATEON �<ASSOCIATION LANDSCAPE OF �� II%% PROFESSIONALS 3 BrightView li Lantls , Services February 5, 2024 Safety Boot Program: Stepping it Up in Safety Greetings Bdghl Team, At BnghtView, satety is the keysloneto everything we do, regardless of the situation or task. We are committed to ensuring everyone returns home each night io their loved ones in a safe and healthy RE�,D*�,WIiNG manner. As Dale mentioned recenlly atier his many branch /[LL►► ���{�J 7_�`,��"�— visits throughout the country, one immediate improvement he would like m prioritize — as it relates to lately —is team member footwear. Proper footwear for our field employees will allow them to be safer and more comfortable in the field as they serve our valued customers. To further elevate our safety commitment at 891 well partnering with Red Wing Shoes — a leader in high -end safely shaes — forme BnghtView, Safety Boot Program to help ensure team member's feet are comfortable and safe. Who is Eligible? The BrfghtVew Safety Pool Program will be launched to branches in phases beginning February 14, 2024. At that time, eligible team members will receive their safely shoe voucher along with additional informaion. Please dick here for more details or see the attached. Cur goal is to have all eligible team members outfitted with new boats by May 1. Whal's Next? Initially, this program will he offered to most branch employees Moving forward, the BrightView Safely Boot Program will remain an ongoing benefit for hourly crew members and — leaders_ (A new voucher will be issued to this group of employees every 10 months to update their Red Wing footwear) All ldemtfed team members will reeerVe a 1140 Voueher redeemable online or at any Red Wing Shoe 1 i. TITLE PAGE A9 1 BrightView I- BrightViewlr La ntl cape Services 1 Bri htView II. Tab B — Executive Summary The proposer shall provide the following information in the order outlined below: A title page ii. A table of contents iii. Executive Summary: This summary, limited to two typewritten pages, should provide a high-level description of the Proposer's ability to meet the requirements of the RFP and a statement describing why the proposer believes itself to be best qualified to provide the identified services. iv. Deliverables, tasks, activities, etc. as outlined in the Scope of Services v. List any exceptions to this RFP. Exceptions listed elsewhere will not be recognized. BrightView { .. Equlpmcnt ="iflcation: Piling Mower 1-1 sY taan 7l" Gpacltyl BtightVfew eenm«Ion 4lPyPlpo: co,u(aacea ee anonga, -- _ _--__— _ - n. ean. wkW n....•r•�Y - �es+ryr been. use urW v<n Inx,a�- :bd� .x�y„ n.w• w�ll.m,�<�rrr„n+e.. aww�ammrnr+ Equipment Certification: Backpack Power Blower BrightView Certification del equipo: Sopladora de fuerga emxoree Imecendemlr aemonsuamsmeaeuaY to cedomr as rewua6 enmpme.,adanab,lldmdel..aaa,adrp,remdeae,e.enrementeeem„estrelaeaw,aadeeeumpl.eR omore—., wkWPrwaessery d. b. cedeada teak nduones ael vuo. obnaruns. iaa melemmcus del nemw, pN a os. watanesYNtr,flah sxerytoe bests, aM sakry vem enabkce r amu lasca,eas wra q�eaen cor,e<umeme Equipment Certification: Power Hedge Trimmer (Gas Shears) llrightViewP Certification del equips: Recortadora de cercos (tijeras de gas) LhaY ea,5,oryele•xy ae IM ernpbyee kMpeMmlly demmwralntM1e abd'ay to perlam,.•egwred. [amame5erada MkYtlad tld b,basaeor q,.e rMecenelenkmmte tlem,resrre k rawuead tle<umpYr rqun<omoreq�endo MF-4RAR1 LHFCX-SN(FIYaPb PF+MNFii INSPECf+UxIX pPE.fUW(Nlo-YGURWaUYMFpMLCNW a pamiu wXM1me,onerakaM kabk lbstop Ne enghw lukW anxeHary NwLrvado<on Irntonaroks Yes taws h pararxmotbr rapdarrentev esrre[esam l 'l5eaneeoptt Wf, ia5dkyeK potecabn, ex polxnon, xhayaabwtt Bates Ip,ewabty kamerl. 1wOgP kkKlx rnapt am aaktY YPa usaeprlpodapmn<1en,dea+do,mduKnao Proaea,dn wra br ol<s, proreuAn pare bso�da, bolas ae mad< neae, amn nbkd<,�<ro.m, a.rnaa m,k,a e< �rdae lM1tt4 men e,luleNae+irn xe dperalb8 asxlela<e: N[V(R alsabkslM1ne aewrn • llopavdtcb'toqukbty ketM1e enl{iw • TNonk loci-oul'swacM1klne bandk a:<gn.w we ma saewsbw,a+segurid,a man 1­1 b prwmq: N.N. abinen+s eupnrtnbs s • r a rameamenm,we,•xmova mr oeucerrad�r; aeiaaam,ur okdonm + mttbtp. box nme,bane waxrew,+m mwrea ae gmrae ara:nkaekpwe.Ln«5e mbbnpyew Pxak ap weme alwy naK roa samered Vererque pue no bay;ueras swkas, cemos Y tomJlos y asqura todos los p•oaMores en w b" los nesae omaenlamad�a ar d 1 Usntonty rm;er bales QxignMMmeS"mxnkwn,be mat sme V. IN popntyaaxSteaM enwp _ _ sesgo<uN�bas aecanar CneXadas xraw maquiraYauNees+queeslar aswavY susaemdascanMameme 6 (nttl5la ack+n ab MttM1ebreexn use el nlarpMure a not pp<rateamxb5wwkn(x`uad ra and+lal a [M1tt1s YlecaMMlem: bWuks. sbpn, brkmene wexbn. —A. W.-aM sYlrkuw naak Rnise ks mnduiorws del vbo:pbaxulos, cixvas, bawn, las mdemercas eelrempo, pxgrpv, pealoeesY nkubs.Ybs e¢ombros lentagosporNequipo e (hxSe M1eege XaeM1rlOOerY mhVYnnwa lxbaha wY<,nMalaelM1n ebslxkr.a wee n et oq Y+ttts Rensa bvcercos Y matonakv queseran rnanados yra vet si ceY alamores auhadn, meal a obov abslatubs, asp mmd msecbi que ppuen BrightView ,_S_pe sera _ Property Name: Louws Miami Beach Hotel Date: Thursday, October 07, 2021 Naxt Inspection Data: Sunday, November 07, 2021 Client Attendees: Oscar Camara t BrighNiewAttendees: James Rogers Front Fountain, Palm Court Way, Pool area, (%hams and Americana Lawn 1) Spoke to on -site personal to blow the 2lawns more often 2) Trim padocarpus on palm court 3) Clean plant beds if all debds in regular basis 4) Plant di.sia from penthouse to planter on palm court 5) Trim brown fronds off palms along palm court B) Trim hands off Pygmy dates in front fourllain area 7) Look for fresh in plant beds everyday B) Clean under ixoras out front south side 9) Again trashdaily in beds along Collins ave must dean dai ,: 4 Need more baby sunrose tot pats and palm court need 150 total 2) Replace ixomb in front of fountain front side need 12 -3•gal yellow 1) Parl on palm court getting eating by iguanas 2) Irligation on palm court still having issues with pressure I will reseed proposal need repair to help with babysumse that is suffering 3) Grass out front getting burnt from cars parking over it BrightView 1—d ca pe Services Executive Summary: This summary, limited to two typewritten pages, should provide a high-level description of the Proposer's ability to meet the requirements of the RFP and a statement describing why the proposer believes itself to be best qualified to provide the identified services. • Names: BrightVlew Landscape Seri Inc. BrightVlew Landscapes, LLC BrightView Enterprise SaWons, LLC South Floode Office Locations: 270 Gardeners 22 Supervisors 20 Calif. Te mlclans Zoo Game,ars 11 Supe van a cenmso recnnicians - 150 GaMarms 1n Supervisors 4 canines recnnidans tea Gard__ 9 S.ianm, s - 5 Ceniriel TSM1niclans BrightView Websile: htgls://www.hrightviemoom/ Business Structure: Corporation Date Founded: 1939 Home: 990 Jdly Rd #300, Blue Be[. PA 19422 (4e4) 551-7204 Local: 2711 SW 3 atre0 F (954)431-1111 Outstanding Litigation: None Outstanding and nothing to jeopardize the performace of this contract. In the ordinary course of our long history as a nation-wide provider of landscaping services, we have been involved In legal proceedings relating to our business. Implement Services Time: within 30 days BrightView Ir VBV will present a clear scope of work with a weekly operation plan and status report VBV will provide a dedicated on -site team with daily supervision VBV will provide the right equipment to keep areas clean: green debris cleanup VBV will provide aqua I ity site assessment each month that will deliver a clear picture of improvements VBV will provide monthly irrigation and agronomic reports that detail issues and or potential problems with solutions VBV will develop a schedule for weekly and monthly meetings and property walks; setup reporting formats VBV will take soil samples to apply to agronomy program I/BV will provide an Emergency Response Plan VBV will provide digital enhancement renderings for any special projects or for areas in need of improvement VBV will provide the community with a team that is E-Verify and will ensure 100%compliance with all labor and immigration laws ✓ BV will provide the community with a team that is properly trained, licensed with authority to remedy situations that arise during service VBV will provide the necessary labor, equipment and financial capacity to meet the service expectations of the community VBV will provide a reinvestment landscape certificate as a token of our commitment to the community ✓A partnership with BV represents "Opportunity & Optimism" • Opportunity for our employees of professional and personal growth • Optimism for the community that we will achieve your landscape goals together BrightView Proposer must complete and submit Form CQQ, Company Qualifications Questionnaire and Form CR, Client References. Proposer must also include a list of all public/private clients forthe past two (2) years priorto the issuance of this RFP, and any relevant business licenses, including occupation, and Florida registration (Company certifications, not personal) and a copy of State Corporate or other proof from the State of Florida that Proposer is authorized to do business in this State. Events Name Nismry Detail by Entity Name Fmnna —, carporailon SRIGKTVIEW LANDSCAPE SERVICES, INC FJiI nng Information Document Number K51636 Jalry Roan FEIIEIN Number 9541194223 Date Filetl 12115" I'm Blue B . PA 19421 stale FL TIN cFo Status ACTIVE Last Event AMENDMEM gaO Jolry Rose Event Dare Filetl 06121R021 une Boo Event Elteceve Date NONE aloe Ben. PP 1e422 Principal Add.. I. Presmem 96D Jolty RoatJ q, — Bulte 300 ea. Olry Road Blue Bell, PA 19422 lue BNI. PA 19422 Changed: 04l 021 Iusrsianl Sec relary Mailing Address 980 Jolty 980Jolly Rose SURe 300 Gune ao0 Blue Sea. PA 19422 - Bnl. PA 1s422 Changed: 04I I)21 nle senxuvlce wealeenl EllglfltQ@d_Agent Name & Address Gmzalez, manes olry Roan CT CORPORATION SYSTEM 12N S PINE ISLAND RD Blue Bea PA 19422 PLANTATION. FL 33324 Name Changed: 06/2212016 Propose r/Contractor shall secure and maintain throughout the duration ofthis RFP and agreement, if selected, insurance of such types and in such amounts not less than those specified below as satisfactory to Village, naming the Village as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. MghtView � oRd CERTIFICATE OF LIABILITY INSURANCE 111111 " A 111 111 A111— A11IN11"' A A— mjll.I,11,"nAIII�I.I.AL.I.I.I�ll.l..11,*.,.,�lI 11 1 h... A �.UF:­— ft— A.— :d..,. —1. -T.T1W111AN,1,—T' 11 Arl SERVICES OFFICES EMPLOYEES • Landscape Architecture 8191 NW 84^h Street 270 Gardeners & Planning Medley FL. 33166 22 Supervisors • Design -Build 20 Certified Technicians • Program Management • Planting 2711 SW 36'h Street 200 Gardeners • Hardscapes Dania Beach, FL. 33312 17 Supervisors • Pools & Water Features 8 Certified Technicians • Compliance • Tree Growing & Moving • 6941 SW 196^h Avenue 150 Gardeners • Landscape • Ste 30 10 Supervisors • Tree Care Pembroke Pines FL. 33332 4 Certified Technicians Snow & Ice • Specially Turf • Exterior Maintenance • 440 Sawgrass Corporate 180 Gardeners • - Parkway 9 Supervisors • Enhancements Ste 102 5 Certified Technicians • Sustainability Sunrise, FL. 33325 • Water Management BrightView FACTS Since 1939 Over 80 years BrightView Landscape Services, Inc. FEIN #:95-419223 BrightView is the nation's leading commercial landscape company. We take pride in delivering consistently excellent results for clients across the country, throughout the lifecycle of their landscapes. Project Name: Right of ways, Medians, Facilities & Parks landscape Maintenance Owner: City of Mirarmar Contract Amount: $250,000 (+) Percentage complete: 100 Percentage of subcontracted work: 0 Project Name: Landscape Maintenance of medians, right of ways, swales, common areas of the POA Owner: Harbor Islands POA Contract Amount: $1,400,000 (+) Percentage complete: 50 Percentage of subcontracted work: 0 Project Name: Landscape Maintenance of medians, right of ways, Project Name: Landscape Maintenance of Boardwalks, Medians & Bumpouts swales, common areas of the Town Owner. City of Miami Beach Owner: Town of Surfside Contract Amount: $1,000,000 (+) Contract Amount: $400,000 (+) Percentage complete: 100 % Percentage complete: 90 Percentage of subcontracted work: 0 % Percentage of subcontracted work: 0 Project Name: Landscape Maintenance of medians, right of ways, swales, common areas Owner: Ocean Reef Community Association Aon Risk Services Contract Amount: $1,500,000 (+) General Commercial Percentage complete: 70 Auto & Workmans Comp Percentage of subcontracted work: 0 Project Name: Landscape Maintenance of Parks, Sports Turf Aon Risk Services Owner: City of Weston Excess of $200 Million Contract Amount: $800,000 (+) $25 million for single project Percentage complete: 40 Percentage of subcontracted work: 0 Page 24 Project Name: Landscape Maintenance of Parks, Sports Turf Owner: Town of Miami Lakes Contract Amount: $400,000 (+) Percentage complete: 60 Percentage of subcontracted work: 0 Project Name: Landscape Maintenance of Parks, Sports Turf Owner: Town of N Miami Beach Contract Amount: 5400,000 (+) Percentage complete: 70 Percentage of subcontracted work: 0 Project Name: Landscape Maintenance of ROW's, Biscayne Blvd, Parks, Sports Turf Owner: City of Aventura Contract Amount: $1,000,000 (+) Percentage complete: 50 Percentage of subcontracted work: 0 BrightView fi_ ­­se.1— PERSONNELJob Descriptions Branch Manager —Vanessa Qul nonez—Oversees all Branch operations within Including labor, equipment, customer service, safety and all administrative functions. Assistant Branch Manager —Greg Stevens —Oversee Bra rich Account Ma nager to ensure quality and labor Office Manager — Li lla na Cardona —Implements the day-to-daytasks of managing customer service, di rechng calls, billing, and emergencies. Sr. Account Manager / Program Managers - As the primary customer contact, the AM develops and maintains schedules for maintenance work and ensures compliance tojob specifications and quality control standards; proactively communicates to customer and BrightView team members. Crew Leader —Schedules the workload for their crew and ensures the readiness of workers, tools and materials.; maintains safe -working conditions at all times, Includlngjob site and crew operation. Agronomic Technicians —Jean Beavis & Ian Rodriguez The agronomic technician Is licensed and knowledgeable In the safe application of fertilizers, Insecticides, herbicides, and fungicides. Enhancement Manager— Ramiro Fernandez Designs and selects premium Plants for ovations; purchases plant materials and prepares project for Installation; monitors proper planting procedures and color over the life of the project. Irrigation Technicians —Carlos Victoria Monitors Inspections, Irrigation checks, cleaning, repairs, and adjusting of your Irrigation system; generates reports to Identify repairs, consumption use requirements, and upgrades. Irrigation Assistant —Assists In the daily management of the Irrigation system and performs repairs and adjustments, and monitors malfunctions and potential leaks. Arbor Manager —Jason Anderson assists In the production, supervision oftrimming the trees and palms. SACertification Trained Gardeners —Responsible for daily compliance of job specifications and quality standards; knowledgeable In all materials, equipment, and safety programs; proactively deals with potential problems, ensures safe working conditions at job site and Identifies potential Ila allties on the property. BrightView fi —alscepe Services LICENCES • FNGLA Certified Maintenance Technicians • BMP Train the Trainer • Florida Certified Plumbers • Irrigation Association Member • Smart Water Irrigation • Florida Certified Operators • Florida Certified Applicators • Florida Certified Ag Products • ISA Certified Master Arbodst • ISA Certified Arborist • TCIA Certified BrightView Ir QUALFICATIONS CERTIFICATIONS DEGREES Florida Friendly Landscaping Setup Certified BA I As Train the Trainer Competent Trainer Florida, Penn State Certified First Responder First Aid Competent in Training Instructor Emergency Recovery Certified Assessor State Rules and Regulations Fall Protection Hi Lift Certified Osha — 10 card FNGLA Certified Technicians BAIAs Florida, Penn State BAIAs FAU I Florida State BAIAs Florida I Rutgers I Penn State Page 25 HOAs, Apartments, Military Housing, Senior Living Communities Commercial Offices, Corporate Campuses, Industrial Facilities Hospitals, Medical Centers, Rehabilitation and Acute Care Centers Colleges, Universities, and K-12 Schools BrightView Parks and Public Spaces, Golf Courses, Museums, Theme Parks, Sports Complexes and Fields Retail and Lifestyle Centers, Shopping Malls Hotels and Resorts Cemeteries Page 26 BV SERVICE TEAM FOR AVENTURA SERVICE SUPPORT CUSTOMER ACCOUNT MANAGER Q IRRIGATION IRRIGATION MANAGER AGRONOMICS AGRONOMICS MANAGER ARBOR MANAGER Q ENHANCEMENTS MANAGER Q P MANAGERN Technicians COperatlorsst Tr—er, N PMANAGER 1 Crew Leaders) 1 Labor 1 Certified Pest Applicators 1 Groundsmen 1 Crew Leaders & Equipment Gardeners 1 Crews Equipped Va ns/Truckcks 1 Fully Equipped Spray Trucks 1 Bucket Trucks/Aerial Lifts 1 Enhancements Labor water Trucks LANDSCAPE DESIGNERS ADDITIONAL SUPPORT PSSTBRANCH VP, GENERAL BPANCH MANAGER MANAGER BrightView Vanessa Qulnonex Greg Stevens CGER haMes�Gon a9 lez Page 31 Inspiring People I Nurturing Landscapes Your point of contact: Account Manager Laura Groth. Laura currently manages landscape maintenance business throughout the City of Aventura. Laura has been involved in maintenance, agronomics and irrigation services within all of his property responsibilities. Ms Groth has been part ofthe BrightView familyfor over 7 years and has over 15 years experience in the industry. Key Responsibilities: Laura will be the main point of contact. She will oversee the production manager, the irrigation technician, and the chemical technician. She will also work hand -in -hand with the certified arbonst, the arbor crew and will coordinate our enhancement managerforthe large projects. She will be holding weekly meetings with the key personnel to make sure that items from our Quality Site Assessment are being addressed on a regular basis and to make sure we are exceeding Property Expectations. Additional contact: Branch Manager Vanessa Quinonez. Vanessa currently manages landscape maintenance business throughout the City of Sunny Isles and Aventura. Vanessa has been involved in maintenance, agronomics and irrigation services within all of her responsibilities. Ms. Quinonez has 12 years experience in the industry and is a graduate of horticulture from the University of Florida Key Responsibilities: Vanessa will ensure Laura and his team are performing to community expectations. With regular walks of the site, she will assist in the quality site assessments that make your landscape site thrive. 00, 9. CPR--r TRAINING 2 '1i aw u.r.a.s.Y..ix..rwii»prr,ueu. BrightView Lantls ,Services BRIGHTVIEW YOUR E-VERIFIED EMPLOYER Verify $ US. Citizenship and Immigration Services • Ensure 100%compliance with all labor and immigration laws,we are enrolled in E-Verify in all states in which we operate. • The organization's participation in E- Verify improves our ability to ensure the individuals we hire and are working on our client's sites are authorized to work in the United States. • Additionally, E-Verify is only part of our robust employment verification program. The program includes a consistent policy and process enterprise -wide, as well as regular training of our staffand semi-annual auditing to maintain compliance with labor and immigration regulations. BrightView 1! Page 27 ATSSA Certified -Temporary Traffic Control Supervisor American Red CrossAED/CPR/ First Aid American Red CrossAED/CPR/ First Aid Instructor OSHA 10 Card — Construction Safety and Health FD97T FL Pesticide Applicator Certificate — Registered Tech VCLM — Excavation Safety — Competent Person Training VCLM— ForkliftSafety— Trainer American VCLM Fall Protection Training Red Cross Temporary Traffic Control VCLM Fall Protection — Competent Person /Trainer p Training Services (MTraIn Ing H? of bookTraffic) Tralning Handbook Pesticide Applicator Certificate for Lawn and Ornamentals ISA Certified Arborist FL Licensed Tree ExpertISA CertifiedCertified * �,o (+�f RiskA Certified Tree Risk Assessor FEMA Florida Certified Horticulturist Florida Certified Pesticide Applicator Certified Irrigation Contractor and Certified Landscape Imgation Auditor by the Irrigation Association which is a national certifying body for the irrigation industry. Average of 30 years of experience in the green industry Degreed horticulturalist Masters of Business Administration Usm Occupational Safety and Health Administration -%%// NATIONAL PFNUGLAnORIDA NRSERY. MWERS AND UN"E MXIAMON �<ASSOCIATION LANDSCAPE OF ���ead,�pr,o,dn,�,eealnd�„,� IA/%% PROFESSIONALS 3 BrightView li Landscape Services PFHGLA .... r CERTIFIED PROFESSIONAL Luke Facarazzo AS, Landscape Technology 45+years with BrightView: Founder of Luke's Landscaping Lice nses/Certificates Pest Control Applicator License OSHA Certified FEMA Certified CPR Trained & Certified BMP Certified FNGLA Horticulturalist Successfully managed City of Sunny Isles ROW Successfully managed City of Aventura BrightView Landscape S-1—