Contract 2023-065ADocuSign Envelope ID: 00671 F69-1536-4013-A73B-731707D0687F
2023-065A
AGREEMENT No. 2023-065
MOWING SERVICES
THIS AGREEMENT, is made and entered into this Wednesday, July 26, 2023, 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, LLC., whose address is: P.O. Box 1704, Sorrento,
FL 32776, (hereinafter referred to as "CONTRACTOR").
WHEREAS, the City of Clermont issued RFB 23-092 titled Mowing Services;
WHEREAS, CONTRACTOR submitted its response dated July 13, 2023, to RFB 23-092;
WHEREAS, CITY desired to award a contract to CONTRACTOR in accordance with the terms
and conditions of RFB 23-092 and CONTRACTOR's response thereto;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
SCOPE OF WORK
The CONTRACTOR shall furnish mowing services as described in CITY's RFB 23-092 and
CONTRACTOR's July 13, 2023 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 mowing services upon receipt
of an authorized order from CITY and shall provide the requested items in the timeframe
and as set forth in RFB 23-092 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
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RFB 23-092 Mowing Services
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, CONTRACTOR shall
submit an invoice to CITY upon completion of the services and delivery of products to CITY as
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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. CITY's and CONTRACTOR's Protective Liabilitv 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.
7.3. 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
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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.
CONTRACTOR:
Helping Hand Lawn Care
Attn: Elder Norman Ripper, President
P.O. Box 1704, Sorrento, FL 32776
OWNER:
City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street, Clermont, FL 34711
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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 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.
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
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.
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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, 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 the 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 to the CITY in a format that is 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
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 23-092 titled Mowing Services and CONTRACTOR's
response thereto.
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RFB 23-092 Mowing Services
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 26th day of
July, 2023.
CITY OF CLERMONT
Tim Murry, Mayor
ATTEST:
Tracy Ackroyd Howe, City Clerk
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DocuSign Envelope ID: 00671F69-1536-4013-A73B-731707D0687F
HELPING HAND LAWN CARE, LLC.
By:
Print Name:
Title:
Date:
DocuSign Envelope ID: 00671F69-1536-4013-A73B-731707D0687F
d"
CLER ONT
Choice of Champions
PRICE SCHEDULE
City of Clermont
Procurement Services
Freddy Suarez, Procurement Services Director
685 W. Montrose Street, Clermont, FL 34711
EXHIBIT A
RFB No. RFB 23-092
Mowing Services Re -Bid
1 Environmental Services Dept. — East 29
Wastewater Treatment Plant Mowing
X 2 Environmental Services Dept. —Sunburst 29 Visits
0
X
X
Lane Water Treatment Plant Mowing
3 Environmental Services Dept. — Greater Hills 29
Water Treatment Plant Mowing
4 Road Right -of -Way and Stormwater 29
Treatment Pond Mowing
5 Lake Hiawatha Preserve Mowing 10
6 Clermont Police Department, 3600 S. Hwy. 48
27, Clermont, FL
7 Clermont Fire Station 4, 13341 Hartle Road, 48
Clermont, FL
Visits
Visits
Visits
Visits
Visits
$1,400.00
$500.00
$300.00
$500.00
$2,500.00
$350.00
$150.00
$40,600.00
$14,500.00
$8,700.00
$14,500.00
$25,000.00
$16,800.00
$7,200.00
DocuSign Envelope ID: 00671F69-1536-4013-A73B-731707D0687F
EVALUATION TABULATION
RFB No. RFB 23-092
Mowing Services Re -Bid
X 8
X 9
X 10
Tota I
12th Street and Highway 50 Medians
Abandoned Well Site, West of Harley
Davidson
Johns Lake Road
EVALUATION TABULATION
Request For Bid - Mowing Services Re -Bid
Page 2
29
8
29
Visits $450.00
Visits $200.00
Visits $1,200.00
$13,050.00
$1,600.00
$34,800.00
$176,750.00
DocuSign Envelope ID: 00671F69-1536-4013-A73B-731707D0687F
Request For Bid #RFB 23-092
Title: Mowing Services Re -Bid
3. SCOPE OF WORK
3.1. Specifications
The respondent must 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 successful respondent will be responsible for all Maintenance of Traffic (MOT) while
working within the right-of-way (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 successful respondent must perform national background checks at their expense
and submit the background checks to the Public Services Department for verification of
eligibility to work on City sites.
C. All employees must have company picture identification in their possession at all times.
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 3-1/2" 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.
• Bi-monthly mow between pine trees at East Wastewater Treatment, (Line Item 1).
• Mowing area at ponds at East Wastewater Treatment, (Line Item 1).
• Trim hedge row at 3335 Hancock Road, estimate 1,000-ft. to the Wastewater Plant. Trim
hedge row on East property line (Sunburst Water Plant) estimate 2,200-ft. Include
edging and weed eating.
• Provide herbicide treatment as needed to asphalt driveway along with additional parking
area south of the administration building at the East Plant, sidewalks, concrete pad, etc.
(Line Item 1).
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DocuSign Envelope ID: 00671F69-1536-4013-A73B-731707D0687F
Request For Bid #RFB 23-092
Title: Mowing Services Re -Bid
• Provide hedge trimming at Greater Hills water treatment plant (Line Item 3)
• Provide tree trimming once a year along Oakley Seaver by Home Depot (Line Item 4)
SPECIFICATIONS FOR LINE ITEM 5: LAKE HIAWATHA PRESERVE
• 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.
• Hand work such as weed eating may be required in sloped areas.
• Right of way D.O.T. certification is not necessary unless equipment will be stopped for
more than 15 minutes.
SPECIFICATIONS FOR LINE ITEMS 6 AND 7: 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.
• Provide herbicide treatment as needed to asphalt driveways, sidewalks, concrete pads,
etc.
SPECIFICATIONS FOR LINE ITEMS 8: 12TH STREET AND HIGHWAY 50 MEDIANS
• 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 the ground before mowing.
• Using a finishing mower, mowing at the height of 3-1/2" to 4".
• Weed eats around all structures.
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DocuSign Envelope ID: 00671F69-1536-4013-A73B-731707D0687F
Request For Bid #RFB 23-092
Title: Mowing Services Re -Bid
• 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.
• Provide herbicide treatment to South Grand Highway in concrete medians as needed
(see map)
• Do not provide herbicide treatment to Item 11 (ROW for Lake Shore Drive).
SPECIFICATIONS FOR LINE ITEM 9: 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 3-1/2" 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.
SPECIFICATIONS FOR LINE ITEMS 10: JOHNS LAKE ROAD
• 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 the ground before mowing.
• Using a finishing mower, mowing at the height of 3-1/2" to 4".
• Weed eats 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.
• 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 in front of the church on both sides of the road on John Lakes
Road.
SITE VISIT
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DocuSign Envelope ID: 00671F69-1536-4013-A73B-731707D0687F
Request For Bid #RFB 23-092
Title: Mowing Services Re -Bid
• Respondents must contact James Maiworm at (352) 241-0178 to make arrangements to
schedule an on -site visit to non-public access areas between the hours of 9:00 am and
3:00 pm (Monday — Friday). Site visits must be completed no later than October 25,
2022, 3:00 pm.
SAFETY
• All materials and performance of work shall meet all Federal, State, and local safety laws
currently in effect.
• The successful respondent must 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.
• All equipment used in the performance of these services must be properly maintained
and will be subject to inspection by the City upon demand. Any equipment deemed
faulty, inoperable, unsafe, or improper for its intended purpose must be removed from
the City's premises. Safety features of equipment (shields, kill switches, etc.) must be
used at all times.
• Maintenance work must be scheduled to provide the least inconvenience to building
occupants and passers-by.
MINIMUM STANDARDS OF PERFORMANCE OF LANDSCAPE MAINTENANCE SERVICES
• Grounds must be clean, neat, and well -tended at all times.
• At no time must leaves, trash, clippings, or other debris be allowed to accumulate.
• All organic trash, including grass clippings from mowing and edging, must be blown or
vacuumed from all sidewalks, entryways, steps, plazas, and parking lots. Care must be
taken to prevent debris from entering waterways, grating drains, manholes, buildings,
etc. Blowers shall be directed away from these areas.
• All edges must 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.
PARKING LOTS
• Parking lots must be kept free of trash, including glass, fallen limbs, and other debris.
DRAINAGE DITCHES AND CANALS
• Where there are a series of ditches, swales, and canals, the successful respondent must
cut vegetation three (3) to four (4) feet from the crest of the bank. Care must be given
not to scalp vegetation along these ditches so as to maintain the structural integrity of
the banks. The successful respondent must use a string trimmer (weed eater) on the
upper one (1) foot of all canal banks. Canals deeper than four (4) feet will not be the
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DocuSign Envelope ID: 00671F69-1536-4013-A73B-731707D0687F
Request For Bid #RFB 23-092
Title: Mowing Services Re -Bid
responsibility of the successful respondent. Care must 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.
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