1932 Agreement betw COS and ANNAN Landscape Co. IFB 17/18-44 (copy)AGREEMENT BETWEEN THE CITY OF SANFORD AND ANNAN LANDSCAPE CO.,
LLC/IFB 17/18-44 LANDSCAPING SERVICES VARIOUS LOCATIONS
IoAv,�., THIS AGREEMENT (hereinafter the "Agreement") is made and entered into this
I I day of rA It , 2018, by and between the City of Sanford, Florida, a
Florida municipality, (hereinafter referred to as the "City"), whose mailing address is 300
North Park Avenue, Sanford, Florida 32771, and Annan Landscape Co., LLC, a Florida
limited liability company, authorized to do business in the State of Florida, whose
contact and corporate address is 991 Explorer Cove, Suite 133,
Altamonte Springs, Florida 32701 (hereinafter referred to as the "ALC"). The City and
ALC may be collectively referenced herein as the "parties".
WITNESSETH:
IN CONSIDERATION of the mutual covenants, promises, and representations
contained herein and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above statements are true and form a material
part of this Agreement upon which the parties have relied.
Section 2. Authority. Each party hereto represents to the other that it has
undertaken all necessary actions to execute this Agreement, and that it has the legal
authority to enter into this Agreement and to undertake all obligations imposed on it.
The persons executing this Agreement for each party certify that they are authorized to
bind the party fully to the terms of this Agreement.
Section 3. Scope of Agreement; Direction of Services.
(a). This Agreement is for the services set forth in the attachments hereto and
ALC agrees to accomplish the actions specified in the attachments for the
compensation set forth in those documents relating to landscaping services at various
locations The turf maintenance services that were original sought for procurement are
not being procured and are not part of this Agreement. Additionally, services may be
ordered and directed by the City by means of purchase orders/work orders.
(b). It is recognized that ALC shall perform services as otherwise directed by
the City all of such services to include all labor and materials that may be required
including, but in no way limited to, the services provided by subconsultants, as may be
approved by the City.
(c). The City's contact/project manager for all purposes under this Agreement
shall be the following:
I I P a g e
Robert Beall
Operations Manager
Public Works and Utilities Department, Parks and Grounds Operations Division
300 North Park Avenue
Sanford, Florida 32771-1244
Phone: 407.688.5000 (Extension 5423)
; provided, however, that all notices under this Agreement shall be copied to:
Ms. Marisol Ordonez
Purchasing Manager
Finance -Purchasing Division
City of Sanford
Post Office Box 1788
Sanford, Florida 32772
Phone: 407.688.5028
Section 4. Effective Date and Term of Agreement. This Agreement
shall take effect on the date that this Agreement is fully executed by the parties hereto.
This Agreement shall be in effect for a term of 3 years and, upon the exercise of an
option to renew by the City, for 2 additional terms of 1 year each. In any event, this
Agreement shall remain in effect until the services to be provided by ALC to the City
under each work order have been fully performed in accordance with the requirements
of the City; provided, however, that, the indemnification provisions and insurance
provisions of the standard contractual terms and conditions referenced herein shall not
terminate and the protections afforded to the City shall continue in effect subsequent to
such services being provided by ALC No services have commenced prior to the
execution of this Agreement that would entitle ALC for any compensation therefor.
Section 6. Compensation. The parties agree to compensation as set forth
in the attachments hereto and as may be set forth in each purchase/work order issued
by the City.
Section 6. Standard Contractual Terms and Conditions. All "Standard
Contractual Terms and Conditions", as provided on the City's website, apply to this
Agreement. Such Terms and Conditions may be found at the City's website
(www. Sanford F L.gov). The parties shall also be bound by the purchasing policies and
procedures of the City as well as the controlling provisions of Florida law. Work orders
shall be used, in accordance therewith, in the implementation of this Agreement to the
extent deemed necessary by the City in its sole and absolute discretion.
2 1 P a g e
Section 7. ALC's Mandatory Compliance with Chapter 119, Florida
Statutes, and Public Records Requests.
(a). In order to comply with Section 119.0701, Florida Statutes, public records
laws, ALC must:
(1). Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service.
(2). 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 Chapter 119, Florida Statutes, or as otherwise provided by law.
(3). Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by
law.
(4). Meet all requirements for retaining public records and transfer, at no cost,
to the City all public records in possession of ALC upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
provided to the City in a format that is compatible with the information technology
systems of the City.
(b). If ALC does not comply with a public records request, the City shall
enforce the contract provisions in accordance with this Agreement.
(c). Failure by ALC to grant such public access and comply with public records
requests shall be grounds for immediate unilateral cancellation of this Agreement by the
City. ALC shall promptly provide the City with a copy of any request to inspect or copy
public records in possession of ALC and shall promptly provide the City with a copy of
ALC's response to each such request.
(d). IF THE CONTRACTORIVENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012,
TRACI HOUCHIN, CITY CLERK, CITY OF SANFORD, CITY HALL, 300
NORTH PARK AVENUE, SANFORD, FLORIDA 32771,
TRACI.HOUCHIN@SANFORDFL.GOV.
3 1 P a g e
Section 8. Time is of the Essence. Time is hereby declared of the essence
as to the lawful performance of all duties and obligations set forth in this Agreement.
Section 9. Entire Ag reem entlMod ifi cation. This Agreement, together
with all "Standard Contractual Terms and Conditions", as provided on the City's website
and the attachments hereto (the documents relative to the procurement activity of the
City leading to the award of this Agreement) constitute the entire integrated agreement
between the City and ALC and supersedes and controls over any and all prior
agreements, understandings, representations, correspondence and statements whether
written or oral in connection therewith and all the terms and provisions contained herein
constitute the full and complete agreement between the parties hereto to the date
hereof. This Agreement may only be amended, supplemented or modified by a formal
written amendment of equal dignity herewith. In the event that ALC issues a purchase
order, memorandum, letter, or any other instrument addressing the services, work, and
materials to be provided and performed pursuant to this Agreement, it is hereby
specifically agreed and understood that any such purchase order, memorandum, letter,
or other instrument shall have no effect on this Agreement unless agreed to by the City,
specifically and in writing in a document of equal dignity herewith, and any and all
terms, provisions, and conditions contained therein, whether printed or written or
referenced on a Web site or otherwise, shall in no way modify the covenants, terms,
and provisions of this Agreement and shall have no force or effect thereon.
Section 10. Severability. If any term, provision or condition contained in
this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of
this Agreement, or the application of such term, provision or condition to persons or
circumstances other than those in respect of which it is invalid or unenforceable, shall
not be affected thereby, and each term, provision and condition of this Agreement shall
be valid and enforceable to the fullest extent permitted by law when consistent with
equity and the public interest.
Section 11. Waiver. The failure of the City to insist in any instance upon
the strict performance of any provision of this Agreement, or to exercise any right or
privilege granted to the City hereunder shall not constitute or be construed as a waiver
of any such provision or right and the same shall continue in force.
Section 12. Captions. The section headings and captions of this Agreement
are for convenience and reference only and in no way define, limit, describe the scope
or intent of this Agreement or any part thereof, or in any way affect this Agreement or
construe any provision of this Agreement.
Section 13. Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be deemed an original, but all of which,
taken together, shall constitute one and the same document.
Section 14. Binding Effect. This Agreement shall be binding upon and
inure to the benefit of the successors in interest, transferees and assigns of the parties.
4 1 P a g e