AQUATIC SITES INVASIVE SPECIES MAINTENANCE - RFP #29-19CONTRACT
(1)
This CONTRACT made and entered into this /JO day of Ji' , 20 /(by and between the City
of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Aquatic
Systems, Inc. A SOLitude Lake Management Company, of the City of Pompano Beach County of
Broward and State of Florida, hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements on the
part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their
own cost and expense perform all labor, furnish all materials, tools and equipment for the following:
PROJECT NAME: Aquatic Sites Invasive Species Maintenance, as defined in RFP #29-19
in the amount of $167,762.00
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any advertisement,
instructions to bidders, general conditions, technical specifications, proposal and bond, which may be
hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the Contractor,
then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the
right to proceed to complete such work as Contractor is obligated to perform in accordance with the
provisions as contained herein.
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CONTRACT
(2)
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT
AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT
OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS,
STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE
CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF
SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS
CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB
CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES
BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS
OR EMPLOYEES, TO THE LIMITS OF § 725.06(2).
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to discriminate
against any employee or applicant for employment because of race, sex, religion, color, or national origin.
The aforesaid provision shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post
hereafter in conspicuous places, available for employees or applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of the non discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated herein,
it is then further agreed that the City may deduct from such sums or compensation as may be due to the
Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor
remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only
and solely represent damages which the City has sustained by reason of the failure of the Contractor to
complete the work within the time stipulated, it being further agreed that this sum is not to be construed
as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete
and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the public construction bond which is attached hereto for the faithful performance of the
terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety
or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond
ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its
own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an
additional bond or bonds in such term and amounts and with such surety or sureties as shall be
satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under
the terms and provisions of this contract until such new or additional security bond guaranteeing the
faithful performance of the work under the terms hereof shall be completed and furnished to the City in a
form satisfactory to it.
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CONTRACT
(3)
In addition to all other contract requirements as provided by law, the contractor executing this agreement
agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT 727-562-4092, Rosemarie.Ca11(2i myclearwater.com,
112 S. Osceola Ave., Clearwater, FL 33756
The contractor's agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter "public
agency") to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency's custodian of public records, provide the public agency
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 for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c) Ensure that the 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
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d) Upon completion of the contract , transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
e) A request to inspect or copy public records relating to a public agency's contract for services
must be made directly to the public agency. If the public agency does not possess the requested
records, the public agency shall immediately notify the contractor of the request and the
contractor must provide the records to the public agency or allow the records to be inspected or
copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the
public agency's request for records, the public agency shall enforce the contract provisions in
accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency's contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
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CONTRACT
(4)
2. At least 8 business days before filing the action, the plaintiff provided written notice of the
public records request, including a statement that the contractor has not complied with the
request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public
records and to the contractor at the contractor's address listed on its contract with the public
agency or to the contractor's registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic
format.
j) A contractor who complies with a public records request within 8 business days after the notice
is sent is not liable for the reasonable costs of enforcement.
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
William B. Horne, II
City Manager
By:
Countersigned:
By:
keorvivrt\ZY-0,
George N. Cretekos,
Mayor
Contractor must indicate whether:
Corporation, Partnership,
Attest:
Rosemarie Call
City Clerk
Assistant Ci ► - Attorney
Company, or
Aquatic Systems,
(C
Individual
S AL
traritrionii,_ t rI
The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title;
where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the
Corporation — provide Affidavit.
SECTION V Page 4 of 5
Updated: 10/12/2018
AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
STATE OF- HA )
COUNTY OF XRS )
uce, G --e L W
Secretary of d Q _ tate •t -
a corporation organized and existing under and by virfue of the laws of the tate of F orida, and having its
principal office at:
i L2 kcl ii -C P / vd / (A Orf s
(Street & Number) Lci
(City
, being duly sworn, deposes and says that he/she is
UV\
(County)
A iant further says that he is familiar with the records, minute books and by-laws of
01 /+ute EMU, r'16,r wr Covipo—fru)
(Name of Corporation)
Bruci (')K is .5-C/4( le" --j
(Officer's Name) (Title)
Affiant further says that
—121q7
(State)
of the corporation, is duly authorized to sign the Proposal for PC !vL 0 &O" 4O'‘ ---
or said corporation by virtue of I &A/VS Ge -10-1--, of •.431 LA' /2
(state whether a provision of by laws or a Resolutio of /1�
Board of Director r 1 by Resolutio _ m e date of =' � � .tion).
�.r/r �� i���`�_
Sworn to before me this 2-C day of
J
cant
, /
20`� .
Notary Public
Commonwealth of Pennsylvania - Notary Seal
Kathleen Archer, Notary Public
Berks Cour"
My commission expire^ t. vamber 14, 2019
Commission. :amber ` ':7525
Member, Pennsylvania Association of Notaries
1eiv4}107'
Type/print/stam. name of Notary
Title or r. .. , ano Serial No., if any
SECTION V Page 5 of 5
Updated: 10/12/2018