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HomeMy WebLinkAboutContract 2025-085ADocusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 AGREEMENT No. 2025-085 ATHLETIC FIELD MAINTENANCE THIS AGREEMENT, is made and entered into this Friday, October 31, 2025, 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 GETGREEN LAWN SERVICES, INC., whose address is: 2832 Virginia Drive, Kissimmee, FL 34741, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issued RFB 25-082 titled Athletic Field Maintenance; WHEREAS, CONTRACTOR submitted its response dated July 24, 2025, to RFB 25-082; WHEREAS, CITY desired to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 25-082 and CONTRACTOR's response thereto; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK The CONTRACTOR shall furnish comprehensive maintenance services for designated athletic fields as described in CITY's RFB 25-082 and CONTRACTOR's July 24, 2025 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. 2. 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. 3. PROVISION OF SERVICES AND COMPLETION OF WORK A. The CONTRACTOR shall only provide to the CITY with comprehensive maintenance services for designated athletic fields upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in RFB 25-082 or in the specific purchase order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an 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. B. CONTRACTOR, upon receipt of a purchase order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there 1 Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 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. C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any 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 services so as to comply with the warranties and specifications hereof. D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 4. TERM AND TERMINATION A. This Agreement is to become effective upon execution by both parties and shall remain in effect for a period of three (3) years thereafter, unless terminated or renewed as provided for herein. B. 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. C. Upon mutual Agreement of the parties, this Agreement may be renewed for three (3) additional one-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). 5. PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, the CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY 2 Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 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. 6. DISPUTE RESOLUTION - MEDIATION A. 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. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes, and other matters in question between them by mediation. C. 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. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. 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. 7.2. CONTRACTOR's Commercial General Liability 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: A. CONTRACTOR's Commercial General Liability, $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 Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. CITY's and CONTRACTOR's Protective Liability Insurance The CITY shall procure and furnish a CITY's and CONTRACTOR's Protective Liability Insurance Policy with the following minimum limits: A. Bodily Injury Liability & $1,000,000 Each ($2,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit. 7.4. 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. 8. 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. 4 Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 CONTRACTOR: Getgreen Lawn Services, Inc. 2832 Virginia Drive, Kissimmee, FL 34741 Attn: Victor River OWNER: City of Clermont 685 W. Montrose Street, Clermont, FL 34711 Attn: Rick Van Wagner, City Manager Either party may change the name of the person receiving notices and the address at which notices are received by so advising the other party in writing. 9. MISCELLANEOUS 9.1. 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. 9.2. Waiver The waiver by the 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. 9.3. 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. 9.4. 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. Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 9.5. 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. 9.6. Assignment Except in the event of a 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 the CITY. 9.7. 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. 9.8. 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. 9.9. Public Records The CONTRACTOR expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, including the following: 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 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 the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. The CONTRACTOR shall make reasonable efforts to provide all records stored electronically to the CITY in a format compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE 11 Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT THE CITY CLERK'S OFFICE, (352) 241-7331. 10. CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: A. This Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in RFB 25-082 titled Athletic Field Maintenance and CONTRACTOR's response thereto. 7 Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF CLERMONT Signed by: SIGNATURE Tim Murry FULL NAME Mayor TITLE )/23/2025 DATE SIGNED GETGREEN LAWN SERVICES, INC. It ocuSigned by: 6r �2lv�t,Va. 76DSC7295724C8... SIGNATURE Victor Rivera FULL NAME 9/22/2025 DATE SIGNED _President TITLE ATTEST DocuSigned by: LTI,A,),,,4,,,,,,44A p�.l flaws SIGNATURE Tracy Ackroyd Howe FULL NAME 9/24/2025 DATE SIGNED CR Clerk STAMP E3 Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 [GETGREEN LAWN SERVICES] RESPONSE DOCUMENT REPORT RFB No. RFB 25-082 Athletic Field Maintenance Price Tables ATHLETIC FIELD MAINTENANCE Line Item 1 Description Hancock Park Athletic Field Maintenance 12 Month $6,925.00 . . $83,100.00 2 Lake Felter Park Athletic Field Maintenance 12 Month $2,375.00 $28,500.00 3 McKinney Park Athletic Field Maintenance 12 Month $1,500.00 $18,000.00 4 Bishop Park Athletic Field Maintenance 12 Month $1,408.00 $16,896.00 5 West Park Athletic Field Maintenance 12 Month $1,750.00 $21,000.00 6 Palatlakaha Park Athletic Field Maintenance Tota I 12 Month $5,833.00 $69,996.00 $237,492.00 ADDITIONAL SERVICES [GETGREEN LAWN SERVICES] RESPONSE DOCUMENT REPORT Request For Bid - Athletic Field Maintenance Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 Request For Bid #RFB 25-082 Title: Athletic Field Maintenance I Scope of Work 3.1. Summary of Services The successful respondent will provide comprehensive maintenance services for designated athletic fields to ensure safe, high -quality playing conditions throughout the contract term. Services will include, but are not limited to, turf maintenance, irrigation management, infield grooming, field marking, practice and game setup, rehabilitation during field closures, and general upkeep of field -related infrastructure. Key responsibilities include: A. Turf Care and Mowing o Routine mowing of grass playing surfaces to maintain specified height. o Fertilization and soil amendment applications as scheduled. o Aeration, dethatching, overseeding, and topdressing to promote healthy turf. B. Irrigation System Management o Regular inspection and adjustment of irrigation systems. o Repair or replacement of malfunctioning components. o Seasonal startup and winterization of irrigation systems. C. Infield Maintenance (for baseball/softball fields) o Dragging and leveling of infield. o Base and mound repair and alignment. D. Field Marking and Lining o Accurate and timely painting or chalking of game lines according to sport -specific standards. o Repainting or remarking as needed for ongoing use. E. Weed, Pest, and Disease Control o Implementation of an Integrated Pest Management (IPM) program. o Application of herbicides, fungicides, and insecticides as required and approved. F. Seasonal and Event Support o Field preparation and restoration before and after scheduled events. o Coordination with site staff to support special events, tournaments, or practices. Performance Standards: All work shall be performed in accordance with industry best practices, applicable safety standards, and the specifications outlined in the bid documents. Regular inspections and quality assurance reviews will be conducted to ensure compliance. 12 Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 Request For Bid #RFB 25-082 Title: Athletic Field Maintenance 3.2. Athletic Field Locations - Service Up to 7 Days Per Week A. Hancock Park, 3301 Hancock Road, Clermont o Five Softball fields with clay infield, Bermuda grass outfield o Two Bermuda grass multi -purpose fields o Bullpens o Batting cage surface B. Lake Felter Park, 1750 Johns Lake Road, Clermont o One softball field with clay infield, Bermuda grass outfield o One Bermuda grass multi -purpose field C. McKinney Park, 801 Bloxam Road, Clermont o One softball clay infield - dragging and lining only, no mowing D. Bishop Park, 950 East Avenue, Clermont o One Large Baseball field with Bermuda grass and clay infield, Bahia grass outfield o Batting cage surface o Bullpens E. West Park, 650 Twelfth Street, Clermont o Two Little League baseball fields with Bermuda grass and clay infield, Bermuda grass outfield o One softball field with clay infield o Batting cage surface F. Palatlakaha Park, 1250 Twelfth Street, Clermont o One large baseball field with Bermuda grass and clay infield, Bermuda grass outfield o Three Little League baseball fields with Bermuda grass and clay infields, Bermuda grass outfield o Two Bermuda T-ball fields with clay area around bases and home plates o Batting cage surface o Bullpens o One Bermuda grass multi -purpose field 13 Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 Request For Bid #RFB 25-082 Title: Athletic Field Maintenance The successful respondent shall provide the following supplies, as mutually agreed upon by both parties: Grass seed, fertilizer, weed control products, insecticides, pesticides, fungicides, infield clay, mound clay, topdressing soil, limestone, Turface, lining chalk, and field paint. The successful respondent shall also furnish all tools and maintenance equipment required for the daily grooming of clay infields and shall supply fuel, at their own expense, for all equipment they own or operate. Additionally, the respondent is responsible for ensuring that all equipment used on City property are properly maintained and kept in good working condition. 3.3. Clay Infield Maintenance A. Detailed dragging and lining of fields must be provided at least once a day for all scheduled games. Detailed dragging must be provided for each scheduled practice day. During non-use times, the fields must be dragged at least two (2) times a week to keep a safe and maintained infield. B. Laser grade each clay infield each year using the appropriate slope agreed upon by the successful respondent and the Parks & Recreation Department. C. Maintain all lips. D. Edge infields, baselines, warning tracks, pitcher mound, and home plate area. E. Weed infield and warning track. F. Monitor infield clay surfaces for excessive compaction, erosion, and uneven surfaces. G. Repair eroded or worn areas on the infield or waning track. 3.4. Grass Maintenance Portion of Baseball, Softball, and Multipurpose Fields A. Mowing must be performed no less than one (1) time per week from November through March. B. Mowing will be required two (2) times per week from April through October. C. The height of cut for mowing should be 3/4 inch to 1 inch. D. Field lining must be performed as scheduled for games and practices. E. Each field's grass must be aerated at least six (6) times per year using 5/8-inch hollow tines. All grass areas must be verticut twice annually, with thatch removal performed following each verticutting. F. Top dress each field twice per year with 1/4 inch coverage of 80/20 mix (80 sand / 20 organic). G. Scout for disease, pest, weeds, etc. Application of appropriate pesticides, herbicides, and insecticides as needed based upon scouting results. 14 Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 Request For Bid #RFB 25-082 Title: Athletic Field Maintenance 3.5. Chemical Maintenance for Athletic Fields Chemical lawn maintenance must include the application of fertilizers and herbicides across all athletic fields. All chemical products must be applied strictly in accordance with the manufacturer's instructions and in a manner that ensures public safety. The successful respondent must comply with all applicable regulations set forth by the State Board of Health, as well as all relevant local and federal laws. The respondent will be fully responsible for any damage resulting from chemical applications, including spraying or broadcasting. Material Safety Data Sheets (MSDS) for all products used must be provided with the response to this solicitation. The successful respondent must notify the City at least forty-eight (48) hours in advance of any intended work on City fields. Should pest or insect infestations be observed following a scheduled application, the respondent must re -treat the affected area at no additional cost to the City. All respondents are required to possess and maintain a current Certified Pest Control Operator (PCO) license issued by the State of Florida. A copy of this license must be submitted with the response. Additionally, appropriate signage must be posted after each application, clearly identifying the chemicals used. Chemical maintenance procedures will be based on a site -specific evaluation that includes a soil analysis, an assessment of the nature and extent of any infestations, and a corresponding corrective action plan. 3.6. Chemical Application Schedule A. Fertilizer #1 - November Application o Fertilizer application using 20-0-10 B. Pre/Post - January Application o Pre-postmergence herbicide for broadleaf and grassy weeds. C. Fertilizer #2 - March Application o Fertilizer application with 1 % Ronstar D. Fertilizer #3 o Fertilizer application with 1 % Ronstar E. Fertilizer #4 - April Application o Fertilizer application using 20-0-10 F. Fertilizer #5 - May Application o Fertilizer application using 20-0-10 G. Pre/Post June Application 15 Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 Request For Bid #RFB 25-082 Title: Athletic Field Maintenance o Pre-postmergence herbicide for broadleaf and grassy weeds. H. Fertilizer #6 - July Application o Fertilizer application using 20-0-10 o Postemergence herbicide application for sedge and grassy weeds. I. Fertilizer #7 - August Application o Fertilizer application using 20-0-10 J. Pre/Post September Application o Pre-postmergence herbicide for broadleaf and grassy weeds. K. Fertilizer #8 - September Application o Fertilizer application using 20-2-10 containing Yara. o Postemergence herbicide application for sedge and grassy weeds. 3.7. Scheduled Practice Days Services • Check irrigation heads to confirm they are recessed and providing the appropriate level of irrigation for grass and clay facilities. • Rake, level, and drag baselines, home plate, pitcher's mound; add clay if needed. • Groom the infield. • Rake edges on the infield to remove clay from the turf and prevent buildup on the infield mix, which may have entered the turf during grooming. • Water clay areas if needed. • Install bases, mounds, extra home plate, goals, etc., depending on the practice being held. 3.8. Scheduled Game Days Services • Check irrigation heads to confirm they are recessed and irrigation control boxes are firmly in place. • Rake, level, and drag baselines, home plate, pitcher's mound,; add clay if needed. • Groom the warning track as required. • Fill in any depressions on the clay and grass fields as needed to maintain a safe playing surface. • Groom the remaining infield. • Water clay areas as needed. Docusign Envelope ID: 86C72DFA-0966-4DC5-B74E-FDBB3A340A67 Request For Bid #RFB 25-082 Title: Athletic Field Maintenance • Install bases and inspect for tears; ensure anchors are secured. • Ensure the pitcher's rubber and home plate are securely installed. • Paint foul lines and event field marking lines on grass at least once weekly in season, or as needed. • Lime (chalk) infield lines and batter's box each game day and paint home plate, pitcher's mound rubber, and bases as needed. 3.9. Tournaments Schedule of Services • Complete game prep before the start of the tournament. • Field dragging after every two (2) games per field. • Reset mound and bases as needed. • Return the field to safe playing conditions after inclement weather as quickly as possible, utilizing Turface and additional clay. 3.10. Additional Services Additional field preparation may be required for special situations. If this service is above and beyond the regular hours of labor at the ball park facilities, an additional fee will be paid to the successful respondent per hour. These additional fees will be invoiced to the Parks and Recreation Department on a monthly basis and must be agreed upon prior to any additional service being rendered. The successful respondent shall submit a quote for any additional service(s). Additional services must be performed at an hourly rate or an agreed -upon price by the City. The City reserves the right to bid any additional service(s). 17