Contract 2020-090ADocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
CONTRACT APPROVAL FORM
TO: DARREN GRAY, CITY MANAGER LF�
FROM: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR
SUBJECT: GROUNDS MAINTENANCE SERVICES FOR THE A.R.C.
DATE: DECEMBER 3, 2020
THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE
FOLLOWING:
1. APPROVE: Agreement between the City of Clermont and AGH Management, LLC. to
provide grounds maintenance services for the Arts and Recreation Center (A.R.C). The
agreement shall take effect on January 4, 2021 and shall remain in effect for one (1) year
thereafter, unless renewed or terminated as provided in the agreement. Upon mutual
agreement, the contract may be renewed for up to four (4) additional one (1) year terms.
2. Why is this action necessary: In accordance with the City of Clermont Purchasing
Policy, the City Manager is authorized to approve contracts under $50,000 that do not
require a budget amendment.
3. ADDITIONAL INFORMATION: At the request of the Parks and Recreation Department,
the Procurement Services Department issued a Request for Bid (RFB) number 20-038
titled Grounds Maintenance Services for the Arts and Recreation Center. The RFB was
fully competed, advertised and complies with the City of Clermont Procurement Services
Policy. There were two (2) responses to the RFB solicitation. Award is being
recommended to the low responsive responsible bidder, AGH Management, LLC. in the
annual amount of $45,629.88.
4. FISCAL IMPACT: The fiscal impact of $45,629.88 is consistent with FY 2021 approved
budget.
5. EXHIBITS: Bid Tabulation
Grounds Maintenance Agreement
DocuSigned by: /'
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Signature
APPROVAL AUTHORITY
Approved IR Disapproved ❑
Reason/Suggestion (If disapproved)
City Manager
Title
12/7/2020
Date
DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
AGREEMENT NO. 2020-90 FOR
GROUNDS MAINTENANCE SERVICES FOR THE A.R.C.
THIS AGREEMENT, is made and entered into this 4th day of January 20201, 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 AGH MANAGEMENT, LLC., whose address is:
10239 Dovehill Lane, Clermont, FL 34711, (hereinafter referred to as "CONTRACTOR").
WHEREAS, the City of Clermont issue RFB 20-038 titled Grounds Maintenance Services
for the Arts and Recreation Center;
WHEREAS, CONTRACTOR submitted its response dated November 12, 2020 to RFB
20-03 8;
WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the
terms and conditions of RFB 20-038 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 furnish grounds maintenance services as described in CITY's
RFB 20-038 and CONTRACTOR's November 12, 2020 response thereto, which are
expressly incorporated herein 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 — PROVISION OF SERVICES AND COMPLETION OF WORK
The CONTRACTOR shall provide to CITY grounds maintenance services upon
receipt of an authorized order from CITY and shall provide the requested items in
the timeframe and as set forth in RFB No.: 20-038 or in the specific purchase order
or authorized order submitted by CITY. Nothing herein shall obligate CITY to
purchase any specific amount of product from CONTRACTOR or create an
DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
exclusive purchase agreement between CITY and CONTRACTOR. CITY shall
not be obligated or required to pay for any items received until such time as CITY
has accepted the items in accordance with the order provided to CONTRACTOR.
2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify
CITY if it has an issue or question related to the fulfillment of the order or whether
there will be any delay in providing the items requested. Failure of
CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking
payment of any kind for any items that were delayed in delivery. Upon receipt of
notification of the delay, CITY may at its sole option cancel the order and seek the
items from any available source.
3. It is expressly understood and agreed that the passing, approval and/or acceptance
of any grounds maintenance services herein by CITY or by any agent or
representative as in compliance with the terms of this Contract shall not operate as
a waiver by the CITY of strict compliance with the terms of this Contract and the
CITY may require the CONTRACTOR replace the accepted grounds maintenance
services so as to comply with the warranties and specifications hereof.
4. COMPANY specifically acknowledges that this Contract does not bind or obligate
CITY to purchase any minimum quantity of product during the term hereof.
ARTICLE IV — TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties, and shall
remain in effect for a period of one (1) year 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: a) without cause and for
CITY's convenience upon thirty (30) days written notice to CONTRACTOR; b) if
CONTRACTOR is adjudged to be bankrupt; c) if 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 the 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 up to
four (4) additional one (1) year terms. 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).
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DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
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 of products to CITY as set forth in the applicable purchase order. CITY shall
make payment to the CONTRACTOR for all accepted deliveries and undisputed products
delivered and services provided, within thirty (30) calendar days of receipt of the invoice.
ARTICLE VI — DISPUTE RESOLUTION - MEDIATION
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
Worker's Compensation Insurance — The CONTRACTOR shall take out and
maintain during the life of this Agreement, Worker's Compensation Insurance for
all its 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 subCONTRACTOR
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 Commercial General Liabilitv Insurance — The
CONTRACTOR shall take out and maintain during the life of this Agreement,
Commercial General Liability and Business 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 as follows:
DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
(a) CONTRACTOR's Commercial General Liability, $500,000 Each,
($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, &
Property Damage Combined Single Limit
(b) Automobile Liability Coverages, $500,000 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.
3. Indemnification Rider
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify
and hold harmless the CITY and its employees from and against all claims,
damages, losses and expenses, including but not limited to reasonable
attorney's fees, arising out of or resulting from its 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 such acts are 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.; however, this indemnification
does not include the sole acts of negligence, damage or losses caused by the
CITY and its other contractors.
(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.
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DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
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: AGH Management, LLC.
10239 Dovehill Lane
Clermont, FL 34711
Attn: Kevin Hudson, Operations Manager
OWNER: City of Clermont
Attn: Darren S. 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.
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DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
6. Assi ng ment — 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. Applicable 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.
9. 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.
Co
DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
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:
1. This Agreement
2. All documents contained in City of Clermont RFB 20-038 and any amendments
thereto.
3. CONTRACTOR's November 12, 2020 response to RFB 20-038.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 7 day of December , 2020.
CITY OF CLERMONT
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DocuSigned by:
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Darren Gray, City Manager
ATTEST:
DocuSigned by:
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Tracy Ackroyd Howe, City Clerk
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DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
AGH Management, LLC.
DocuSigned by:
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By:
(Signature)
Print Name: Kevin Hudson
Title: Operations Manager
Date:
12/4/2020
DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
EXHIBIT "A"
SECTION — C
REVISED PRICE SCHEDULE
NOTE: By signing this form, the respondent fully acknowledges that there 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, placed, and accepted by the City.
Description
Grounds Maintenance — Zone 1
Qty I Unit
48 / Visits
Unit Price
$ 608.00
Extended Price
(Qty. x Unit Price)
$ 29,184.00
1
:2:
Grounds Maintenance — Zone 2
24 / Visits
$ 205.10
$ 4,922.40
3
Grounds Maintenance — Zone 3
48 / Visits
$ 119.01
$ 5,712.48
4
Mulching Annually
1 / Visit
$ 1,611.00
$ 1,611.00
5
Fertilize/Pest Control Semi -Annually
2 / Visit
$ 600.00
$ 1,200.00
6
Trimming of Hedges/Shrubs Every Other Month
6 / Visit
$ 500.00
$ 3,000.00
Total$
45,629.88
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 certifies
that it can and will provide and make available, at a minimum, the items set forth in this solicitation.
Company Name (print): AGH Management, LLC
Street Address: 10239 Dovehill Lane Clermont, F1 34711
Mailing Address (if different):
Telephone: (352)227-8197 Fax:
Email: Klhudson@cfl.rr.com
Payment Term
FEIN: 26 _ 232442 Professional. License No.:
s: % 30 days, net 30
CM20914, LF282668
Signature: �-' Date: 11113/2020
Print Name: Kevin Hudson Title: Operations Manager
Does the respondent accept payment using the City's MASTERCARD? ❑ Yes AL No
END OF SECTION — C
RFB No: 20-038
Page 15 of 30
DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
SECTION — B
STATEMENT OF WORK
Respondent must provide all materials, supplies, labor and supervision to properly
conduct grounds maintenance at the Clermont Arts and Recreation Center as described
below.
1 — GENERAL REQUIREMENTS:
1.1 Mow with a finishing mower to maintain a uniform height of 3-1/2 to 4 inches.
1.2 Weed trim around all trees, shrubs, buildings, light poles, signage, posts, fences,
flower beds, sidewalks and curbs.
1.3 Edge sidewalks, asphalt driveways, landscape areas, and similar type areas.
1.4 The entrance drive, parking areas, sidewalks, curbs and other hard surfaces must
be kept free of leaves, litter and debris.
1.5 All piles of grass clippings must be removed.
1.6 Debris and clippings that have been blown into piles must be collected and
removed from the property, and not blown onto adjacent areas, properties, street
surfaces, sewer drains, fence lines or planting areas.
1.7 All planting beds at entrances must be weed and grass free.
1.8 Weeds in or around mulched areas that exceed 3 inches in height must be pulled
by hand and not sprayed. This includes mulched areas surrounding the building
as well as the monument sign at Hwy 27 (does not include parking lot islands,
which can be sprayed).
1.9 Apply an herbicidal product to kill grass and weeds in cracks and openings of
sidewalks, curbs, roads, parking areas, walls, fence lines, etc. This includes the
roadway from Hwy. 27 to the parking area.
1.10 Any damage caused by mowers or equipment must be brought to the immediate
attention of the Operations Chief and must be corrected by the successful
respondent. This includes, but is not limited to, curbing, signs and posts, ruts,
holes and scraping the ground, as well as erosion caused by such issues.
1.11 The successful respondent is responsible for the replacement of trees, shrubs or
bushes damaged by improper mowing or edging.
1.12 The successful respondent is responsible for advising the Operations Chief of the
need for reseeding or re -sodding of any areas.
RFB No: 20-038
Page 11 of 30
DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
SECTION — B
STATEMENT OF WORK
2 — ZONE 1 TO ZONE 3 SCOPE OF SERVICES:
2.1 Zone 1 — Weekly Grounds Maintenance (Red Area on Map)
• Mow weekly from March 1st to December 31 st (44-times year).
• Mow bi weekly in January and February (4-times per year).
• Weekly mowing areas along the roadway and along the rear south parking lot must
be mowed a minimum of 6feet from the asphalt.
2.2 Zone 2 — Bi-Weekly Grounds Maintenance (Blue Area on Map)
• Mow bi-weekly from March 1 st to December 31 st (22-times per year).
• Mow once per month in January and February (2-times per year).
2.3 Zone 3 — Walking Trail (Green Area on Map)
• Mow weekly from March 1 st to December 31 st (44-times year).
• Mow bi weekly in January and February (4-times per year).
• The trail must be mowed and/or weed trim to maintain a clear unobstructed path
that is free of vegetation, weeds, branches and other debris.
• In wooded areas of the trail, the path must be maintain a minimum of 6-feet in width
or as determined by the width of the trees along the path. In all other areas the
path must be mowed a minimum of 6-feet in width, from each directional posts.
• Contractor must only mow along the designated path and must not create
additional paths or cut -through areas for access.
• If a fallen tree or branch is obstructing a path and cannot be moved, the successful
respondent must notify the Operations Chief immediately. If requested by the
Operations Chief, the successful respondent must provide a quote for the
additional work and remove the obstruction within 48-hours after approval.
RFB No: 20-038
Page 12 of 30
DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
SECTION — B
STATEMENT OF WORK
• Mowers or similar large equipment are not permitted near gopher tortoise holes.
These areas are clearly marked with a bright yellow sign. If a gopher tortoise hole
is located within the path of the trail a weed trimmer must be used.
• Along the North Soccer field, the successful respondent must mow to the top of
the hill. Mowing the top of the hill along the pine trees is not permitted due to the
high number of gopher tortoise holes in this area. This area will remain natural.
• Any growth of vegetation, through the entire length of the chain link fence, at
Legends property must be weed trimmed. Hedges in this area must also be
maintained free of weeds.
3 — DRAINAGE DITCHES AND SWALES
3.1 Where there are a series of ditches and swales, successful respondent must cut
vegetation three (3) to four (4) feet from crest of the bank. Care must be given not
to scalp vegetation along these ditches to maintain the structural integrity of the
banks.
3.2 Care must be taken to prevent mowing/trimming debris from entering the ditches,
manholes, drains, etc.
4 — ADDITIONAL SERVICES
Additional services include, but is not limited to, the following:
4.1 Mulching — Annually (1-time per year)
• To be completed the first week of May and scheduled with the Operations Chief at
least 2 weeks in advance.
• Supply and spread 3-inch minimum of fresh red mulch to existing beds.
4.2 Fertilize/Pest Control — Semi Annual (2-times per year)
• Apply lawn fertilizer and insect control to all areas that are mowed weekly during
Spring and Fall. Must be scheduled with the Operations Chief at least 2-weeks in
advance.
RFB No: 20-038
Page 13 of 30
DocuSign Envelope ID: B59E6631-5E15-4E5D-969F-94E60288E030
SECTION — B
STATEMENT OF WORK
• Apply shrub fertilizer to all shrubs and hedges during Spring and Fall. Must be
scheduled with the Operations Chief at least 2-weeks in advance.
4.3 Trimming of Hedges/Shrubs — Every other Month (6-times per year)
• Hedges and bushes located around the building, at entrances, pool area, along
fence line, and front parking lot area must be trimmed to maintain a squared
appearance and a minimum 1-foot spacing from wall. Must be scheduled with the
Operations Chief at least 2-weeks in advance. All debris must be immediately
removed.
END OF SECTION — B
RFB No: 20-038
Page 14 of 30