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Contract 2018-78AGREEMENTFOR MOWING SERVICES THIS AGREEMENT, is made and entered into this n day of N 0yQM 13E2 2018, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and HELPING HAND LAWN CARE, INC., whose address is: 15128 Lost Lake Rd., Clermont, FL 34711, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issue RFB 13-038 titled Mowing Services; WHEREAS, CONTRACTOR submitted its response dated September 6, 2018 to RFB 18- 038; WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 18-038 and CONTRACTOR's response thereto; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — SCOPE OF WORK The CONTRACTOR shall famish mowing services as described in CITY's RFB 18-038 and CONTRACTOR's September 6, 2018 response thereto, which are expressly incorporated herein as "Exhibit B" and made a part of the Agreement Documents hereto and shall do everything required by this Agreement and the Agreement Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. ARTICLE II — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement Documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit "A", attached hereto and incorporated herein. ARTICLE III — TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect for a period of two (2) years thereafter, unless terminated or renewed as provided for herein. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general AGREEMENT FOR MOWING SERVICES THIS AGREEMENT, is made and entered into this CW day of 2018, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and HELPING HAND LAWN CARE, INC., whose address is: 15128 Lost Lake Rd., Clermont, FL 34711, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issue RFB 13-038 titled Mowing Services; WHEREAS, CONTRACTOR submitted its response dated September 6, 2018 to RFB 18- 038; WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 18-038 and CONTRACTOR's response thereto; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — SCOPE OF WORK The CONTRACTOR shall famish mowing services as described in CITY's RFB 18-038 and CONTRACTOR's September 6, 2018 response thereto, which are expressly incorporated herein as "Exhibit B" and made a part of the Agreement Documents hereto and shall do everything required by this Agreement and the Agreement Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. ARTICLE II — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement Documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit "A", attached hereto and incorporated herein. ARTICLE III — TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect for a period of two (2) years thereafter, unless terminated or renewed as provided for herein. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 3. Upon mutual Agreement of the parties, this Agreement may be renewed for three (3) additional one (1) year terns. Sixty (60) days prior to completion of each extended term of this Agreement, CONTRACTOR may request and the City may consider an adjustment to price based on changes in the Producer Price Index (PPI). ARTICLE Iv — COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall commence work within 10 calendar days after receipt of a Notice to Proceed or Purchase Order, and shall provide the services on a monthly basis in accordance with a schedule to be agreed -upon with the Owner. 1. The CONTRACTOR shall perform all services in a diligent and professional manner an in accordance with all applicable laws. 2. The CONTRACTOR further declares it has examined the sites of the work and that from personal knowledge and experience or that it has made sufficient investigations to fully satisfy it that such sites are correct and suitable for the work and it assumes full responsibility therefore. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. 3. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the OWNER's representative and his decision shall be final and binding upon all parties. 4. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part ofthe work or material by the OWNER or by any agent or representative as in compliance with the terms of this Contract and/or the Specifications covering said work shall not operate as a waiver by the OWNER of strict compliance with the terms of this Contract and/or the Specifications covering said work; and the OWNER may require the CONTRACTOR and/or his Surety to redo any service provided to comply strictly and in all things with this Contract and the Specifications. ARTICLE V — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery to CITY as set forth in the applicable purchase order. The invoice shall not become due and payable until approved by OWNER. CONTRACTOR shall not bill OWNER more frequently than one time per month. CITY shall make payment to the CONTRACTOR for all accepted and undisputed services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII—NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Helping Hand Lawn Care, Inc. 15128 Lost Lake Rd. Clermont, FL 34711 Attn: Elder Norman Ripper, President CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX — MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 3. Severability. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 5. Entire Agreement. This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assimment. Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 8. Anolicable Law. This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. Public Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE X — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: This Agreement 2. All documents contained in City of Clermont RFB 18-038 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 4 day of Al `,jwL . 2018. City ofClormont Gail L. Ash, Mayor .1 Attest: Tracy Ackroyd howe, City Clerk Helping Hand Lawn Care, Inc. By: U ""i Z l/ (Signature) pp Ole[ Llnc! Yics;de�� (Name & Titld Urinted or Typed) Attest Corpora&6kcretary 1 0 watc) d or Typed) EXHIBIT A PRICE SCHEDULE NOTE: The quantities shown In the Price Schedule are estimates only. They may vary significantly from the actual quantities ordered by the City. Payment shall be for the units ordered, placed, and accepted by the City. By signing this form, the respondent fully acknowledges that Mere will be no additional compensation (no overhead, no anticipated profits, etc.) other than the unit price of the items times the number of Items authorized, ordered, pieced, and accepted by the City. Description City I Unit Unit Price Total 1 Environmental Services Dept. — East Wastewater Treatment Plant Mowing 29 / Visits mil, 3Co. CO ECG, 00 2 Environmental Services Dept. — Sunburst e Water Treatment Plant Mowing 29/Visit aOG. 00S g� CIO 3 Environmental Services Dept. — Greater Hills Water Treatment Plant Mowing / Visits I 00 � ex) I 4 Road Right -of -Way and Stornwater Treatment Pond Mowing 291 Vbib / 0' 00 1,14b.00 5 Lake Hiawatha Preserve Mowing 10 / Visits 0 16. 00 A (Gp Od 9 Clermont Arts & Recreation Center, 3700 S. Hwy. 27, Clermont, FIL 481 Visit mm OU .led 7 Clermont Police Department, 38M S. Hwy. / Viatle ISa. uO 1,200. od 27, Clermont. FL & Clermont Fire Station 4,13341 Hartle Road, Clermont, FIL 4&/VWIs 50,&0 3y 946.&0 9 12e Street and Highway 50 Medians;2111 Visits $ •0Q � 3aG.a0 10 Stuth Grand Hwy. Median 29 / Vets 40,00 11140.00 11 Champions and Legends Way 29 / VWIb .20 .00 0.OG 13' 12 ROW for Lake Shore Drive 29/Visits 5000 4350,60 13 Abandoned Well She. West of Harley 8 / Vbtla Davidson IGO.r SGG.O(7 14 Bush hog mow area near PD four Ames par year between April and NovemberTotal 4/ VIe9s Go D . 00 �} Pric� 4J/S$D.Do re N.; ia-uae Page 16 of M PRICE SCHEDULE 44 ROW and Median for Citrus Tower Blvd. 15 (ADDITIVE ALTERNATE) pg / Visits 4�G �(/b06 00 36 ROW and Median for John's Lake Rd. 16 (ADDITIVE ALTERNATE) pg / Visits 3GO.GG g 7GG oO f 46 ROW and Median for Hancock Rd. 17 (ADDITIVE ALTERNATE) 26 / Visits -JOCJ. cc 14r bo-00 Additive Alternates (Line Items Total Pric( 15 Through 17) 3N goo.00 By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and is acting in an authorized capacity to execute this response. The respondent also cedifes that it can and will provide and make available, at a minimum, the items set forth in this solicitation. Company Name (print): Street Address: Wiling A ldre $ (if different) Telephone: 05R') Fax Email: LI ^ I. w CAA f n dt Lill I C e.r- PgmaM Tema: _% drys, rat FEINSigns (1,�' Cj� Plohulorlal. l.leerlea iq .�/ir �-3-/� Print Nana: L P-1..... 11.,/Ip,( TWO: Does tlro -OWA rt eoapt PeYMINd ramp the Clya MASTFRGIRD4 ❑ Yea Z rNo I END OF SECTION — C Page 17 of 34 EXHIBIT B SECTION — B STATEMENT OF WORK Respondent shall provide all materials, supplies, labor and supervision to provide all grounds maintenance services as described herein on the entire premises of the locations specified herein. A. The Contractor will be responsible for all maintenance of traffic (MOT) while working within the right-of-ways (ROW) when MOT is warranted by the 600 index of the Florida Department of Transportation (FDOT) Design Standards and shall conform to the current standard. B. The Contractor shall perform national background checks at the Contractors expense and submit them to the Utilities Department for verification of eligibility to work on Utilities Department sites. C. All employees must have company picture identification in their possession at all times. 1 — SPECIFICATIONS FOR LINE ITEMS 1 THROUGH 4: (WATER TREATMENT PLANTS, STORMWATER POND AND ROW) • Mow areas weekly from June first to November first (22 mows). Areas to be mowed are highlighted in yellow in Section K of this solicitation. • Mow monthly from November to May (7 mows). • Pick up debris from grounds before mowing. • Using a finishing mower, mowing at the height of 3-112" to 4". • Weed eat around all structures. • Edge around all sidewalks, asphalt driveways, landscape areas, etc. • Blow all debris from sidewalks, concrete pads, and asphalt driveway edges. • Line item 2, Sunburst Lane, the interior slopes of the large WRA will be maintained by City staff and it is not part of this project. • Trim hedge row at 3335 Hancock Road, estimate 1,000-ff. to the Wastewater Plant. Trim hedge row on East property line (Sunburst Water Plant) estimate 2,200-ft. Include edging and weed eating. 2—SPECIFICATIONS FOR LINE ITEM 5: (LAKE HIAWATHA PERSERVE) • Bush hog mow monthly from May to December (10 mows). Areas to be mowed are highlighted in yellow in Section K of this solicitation. • Mowing area is approximately 65 acres. RFB No: 18-038 Page 11 of 34 SECTION — B STATEMENT OF WORK • Handwork such as weed eating maybe required in sloped areas. • Right of way D.O.T. certification is not necessary unless equipment will be stopped for more than 15 minutes. 3 — SPECIFICATIONS FOR LINE ITEMS 6 • Mow area behind the Clermont Arts & Recreation Center that backs up to Legends (south side of property). Areas to be mowed are highlighted in yellow in Section K of this solicitation. • Mow forty eight (48) limes per year (blue section). • Mow twenty four (24) times per year (red section). • Mow once a month between January and February. • Using a finishing mower, mowing at the height of 3-1/2" to 4". • Pick up debris from grounds before mowing. • Weed eat around all structures. • Edge around all sidewalks, asphalt driveways, landscape areas, etc. • Blow all debris from sidewalks, concrete pads, and asphalt driveway edges. 4—SPECIFICATIONS FOR LINE ITEMS 7 AND 8: (POLICE DEPARTMENT AND FIRE STATION #4) • Mow forty eight (48) times per year. • Mow once a month between January and February. • Using a finishing mower, mowing at the height of 3-1/2" to 4". • Pick up debris from grounds before mowing. • Weed eat around all structures. • Conduct weed pulling as needed. • Edge around all sidewalks, asphalt driveways, landscape areas, etc. • Blow all debris from sidewalks, concrete pads, and asphalt driveway edges. • Mulch one time per year in January/February. • Fertilize on plant beds four (4) times a year. Page 12 of 34 "l.CVIIW"-W STATEMENT OF WORK 6 — SPECIFICATIONS FOR LINE ITEMS 9 THROUGH 12, (RIGHT OF WAYS) • Mow areas weekly from June first to November first (22 mows). Areas to be mowed are highlighted in yellow in Section K of this solicitation. • Mow monthly from November to May (7 mows). • Pick up debris from grounds before mowing. • Using a finishing mower, mowing at the height of 3-1/2" to 4". • Weed eat around all structures. • Edge around all sidewalks, asphalt driveways, landscape areas, etc. • Blow all debris from sidewalks, concrete pads, and asphalt driveway edges. • Line item 2, Sunburst Lane, the interior slopes of the large WRA will be maintained by City staff and it is not part of this project. 6—SPECIFICATIONS FOR LINE ITEM 13: (ABANDONED WELL SITE) • Mow area once monthly from May to December (8 mows). • Pick up debris from grounds before mowing. • Using a finishing mower, mowing at the height of 3-112" to 4". • Weed eat around all structures. • Edge around all sidewalks, asphalt driveways, landscape areas, etc. • Blow all debris from sidewalks, concrete pads, and asphalt driveway edges. 7 — SPECIFICATIONS FOR LINE ITEMS 14 THROUGH 16 (ADDITIVE ALTERNATES) • Mow areas weekly from June first to November first (22 mows). Areas to be mowed are highlighted in yellow in Section K of this solicitation. • Mow monthly from November to May (7 mows). • Pick up debris from grounds before mowing. • Using a finishing mower, mowing at the height of 3-1/2" to 4". • Weed eat around all structures. • Edge around all sidewalks, medians, curbing, asphalt driveways, landscape areas, etc. • Blow all debris from sidewalks, concrete pads, and asphalt driveway edges. Page 13 of 34 QcI 11Vm— STATEMENT OF • Mow, edge and weed eat around devices on the medians and rights of way on Citrus Tower Blvd. to include one pass outside the walkways if they are present from SR 50 south to Steve's Road. • Mow, edge and weed eat around devices on the medians only on Citrus Tower Blvd. from Steve's Road south to John's Lake Road. • Mow, edge and weed eat around devices on the ROW north and south sides on Johns Lake Road. • Mow, edge and weed eat around devices on the northern ROW of John's Lake Road from Southern Pines loop east to Hancock road and on the southern ROW from Grace Community Church east to Hancock road. • Mow, edge and weed eat around devices on the medians and eastern ROW On Hancock Road from SR 50 to the south east corner of the intersection of Hancock and old Hwy 50 • Mow, edge and weed eat around devices on the roadway of Oakley Seaver to S.R. 50. 8 — SITE VISIT Sites will be available for inspection from 9:00 A.M. to 3:00 P.M. July 30 through August 28, 2018. • To visit site for items 1-3, contact Duane Land at (352) 241-0178. • To visit site for item 4 and 5 contact Adam Swanson at (352) 394-7177. • To visit site for item 6, contact Robert Taboas at (352) 2634914. • To visit site for item 7-16, contact Adam Swanson at (352) 394-7177. 9 — SAFETY A. All materials and performance of work shall meet all Federal, State and local safety laws currently in effect. B. Contractor and sub -contractors shall provide and ensure the wearing of necessary protective clothing, masks, eye protection, etc., as required by any applicable laws, regulations, ordinances, and/or manufacturer's instruction. C. All equipment used in the performance of these services shall be property maintained and shall be subject to inspection by the City upon demand. Any equipment deemed faulty, inoperable, unsafe, or improperfor its intended purpose Page 14 of 34 OF WORK shall be removed from the City's premises. Safety features of equipment (shields, kill switches, etc.) must be used at all times. D. Maintenance work shall be scheduled to provide the least inconvenience to building occupants and passers-by. 10 — MINIMUM STANDARDS OF PERFORMANCE OF LANDSCAPE MAINENANCE SERVICES A. Grounds shall be clean, neat and well -tended at all times. B. At no time shall leaves, trash, clippings or other debris be allowed to accumulate. C. All organic trash, including grass clippings from mowing and edging, shall be blown or vacuumed from all sidewalks, entryways, steps, plazas and parking lots. Care shall be taken to prevent debris from entering waterways, grating, drains, manholes, buildings, etc. Blowers shall be directed away from these areas. D. All edges shall be dressed not less than once per month and as often as necessary to maintain clean edges around all plant beds, curbs, sidewalks, streets, trees, plants and buildings. 11 — PARKING LOTS Parking lots shall be kept free of trash, including glass, fallen limbs and other debris. 12 — DRAINAGE DITCHES AND CANALS Where there are a series of ditches, swales and canals, Contractor shall cut vegetation three (3) to four (4) feet from the crest of the bank. Care shall be given not to scalp vegetation along these ditches so as to maintain the structural integrity of the banks. Contractor shall use a string trimmer (weed eater) on the upper one (1) foot of all canal banks. Canals deeper than four (4) feet shall not be the Contractor's responsibility. Care shall be taken to prevent mowing/trimming debris from entering the canals, waterways, ditches, manholes, drains, etc. Any blowers shall be directed away from these areas. END OF SECTION — B Page 15 of 34 FIRST AMENDMENT TO AGREEMENT FOR MOWING SERVICES THIS AMENDMENT is entered into as of this � day of 2019 and is to that certain Agreement dated November 1, 2018, No. 2018-78, hdVinafter "the Agreement", by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, hereinafter referred to as "CITY" and HELPING HAND LAWN CARE, INC., whose address is: P.O. Box 1704, Tavares, FL 32776 hereinafter referred to as "CONTRACTOR". The parties, in exchange for the mutual covenants contained herein and m the Agreement, agree as follows: 1. This Amendment expressly modifies the Agreement and in the event of a conflict, the terms and conditions of this Amendment shall prevail. 2. The Scope of Services and Compensation Schedule referred to and incorporated into the Agreement is hereby amended to include additional services to Parks and Recreation Department as more particularly described in Attachment "A" attached hereto and incorporated herein. 3. All other terms and conditions set forth in the Agreement shall remain in full force and effect and unchanged as agreed to by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. Helping Hand Lawn Care, Inc. By. Elder Norman Ripper, President Attest: Tracy Ackroyd, City Clerk Attest: EXHIBIT A Helping Hand- ARC Curran Corset coat R.etenei Mood ARC Sze, 000 Wmldy/bhldy To odd to misting contracted serAm Mulch) $31850 Annual $3,8Wx1 Ferdllser Wcontrol $1,000 Nmomh 2Wx6 Trim he $800 Quaff 2Wx4 THm trees $4,300 Annual $4,3Wx1 Treeferdllur $11m &annul $e27x2 Mainananu of new Imdsca $0 As needed Trzll maln4n.. (weeding, weed "cure mows etc $3,120 Nwwkly (26. ply Q $120) Tnll..M nano rema bees, clams, mhc. Rams not Included above $LS)o $30 per hour 50 hn esdmated Re lacemerd of pim straw for tail -2020 bud REVISED TOTAL OF COWRACfEDSERVICES $8'bu8.0D New Landmilping New lardsaplW Mmumerd and Oxwsyflndlm Qm SL957 Ore-dmecat Newlridscal -South EntraNe $1100 ckwtl"cwt 957.W Comwmlon of Walking Tell Clear 1450R of ball throe Me trees see db am $COW 595ft of pine show (see di ram) MID Trail aipep(Na lnduded In sarelas) $5131)