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2008-065 Tennis Court Maintenance - Clint MosierC~ RESOLUTION 2008-65 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY CLINT MOSIER COURT MAINTENANCE AND REPAIR, INC. FOR TENNIS COURT MAINTENANCE SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. • L J WHEREAS, the Village advertised a Request for Proposals ("RFP") for Tennis Court Maintenance services; and WHEREAS, each proposal received by the Village was evaluated by members of Village Administration based on the financial responsibility of the respondent, proven skill and experience, ability to perform the contract in a timely manner, previous satisfactory performance and other factors; and WHEREAS, the Village Council wishes to accept the proposal deemed most advantageous to, and in the best interests of; the Village and residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the proposal submitted by Clint Mosier Court Maintenance and Repair, Inc. at an initial annual cost of $47,000.00, with funds to be expended from Village Account # A8050-33190 (Professional Services). Section 3. The Village Council further authorizes the Mayor and Village Clerk to execute an Agreement with the successful respondent, a copy of which is attached hereto and incorporated herein by reference. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 25th DAY OF SEPTEMBER, 2008. „~;- (pillage Sell) ATI~ESTi~ VILLAGE CLERK ~r[t~ MAYOR CONTRACT FOR TENNIS COURT MAINTENANCE SERVICES FOR THE VILLAGE OF NORTH PALM BEACH This Contract is made as of the ~~( day of ~~7~ 2008, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, by and through its Village Council, hereinafter referred to as the VILLAGE, and CLINT MOSIER COURT MAINTENANCE AND REPAIIt, INC., a Florida corporation, hereinafter referred to as the CONTRACTOR, whose Federal LD. is 68-1110738. In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all work necessary for the maintenance of the Village tennis courts pursuant to the teens and conditions of this Contract SECTION 1: GOODS AND SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services necessary for the maintenance of the Village tennis courts as required under the VILLAGE'S Request for Proposal ("RFP") and the CONTRACTOR'S proposal submitted in response thereto ("Proposal"). A copy of the RFP is attached hereto as Exhibit "A" and is incorporated herein by reference. A copy of the Proposal is attached hereto as Exhibit "B" and is incorporated herein by reference. B. The CONTRACTOR shall perform the services contemplated by this Contract to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. C. The services to be provided by the CONTRACTOR shall commence subsequent to the execution and approval of this Contract and upon written nofice from the VILLAGE to proceed. SECTION 2: TERM OF CONTRACT. A. This Contract shall be for an initial term of two (2) years from October 1, 2008, unless earlier terminated in accordance with the terms and conditions stated herein. The teen of this Contract shall automatically renew for additional one (1) year terms unless either party notifies the other party at least ninety (90) days prior to the end of any term that it does not desire to have the Contract automatically extend or either party terminates the Contract as provided in Section 7 below. B. Except as specifically provided herein, the CONTRACTOR shall not be entitled to an increase in the agreed to wmpensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages. SECTION 3: VQ.LAGE'S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be Mark Hodgkins, Director of Parks and Recreation. The Village Manager or Village Representative shall have the right at all reasonable times during the term of this Contract to inspect or otherwise evaluate the work being performed thereunder. SECTION 4: COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR'S Proposal. B. The total amount of compensation to be paid by the VILLAGE to the CONTRACTOR on an annual basis (from October 1~` to September 30'h) shall be $47,000.OQ, which represents the total cost set forth in the Proposal. C. CONTRACTOR shall invoice the VILLAGE on the first day of each month, commencing October 1, 2008, an amount equal to one-twelfth (1/12th) of the annual compensation due. Payment for same shall be due on the fifteenth (15th) day of each month. Should CONTRACTOR'S services not commence on October 1, 2008, the invoice for the month of October shall be prorated D. in order for both parties herein to close their books and records, CONTRACTOR will clearly state "final invoice" on the CONTRACTOR'S finaUlast billing to the VILLAGE. This certifies that all goods and services have been properly performed and all chazges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by the CONTRACTOR. The VILLAGE will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of all goods and services. SECTION 5: ADJUSTMENTS TO ANNUAL COMPENSATION. A. During each year of the Contract after the first year ("successor year"), the compensation set forth above shall be adjusted in accoedance with the changes in the Consumer Price Index for All Urban Consumers for the South ("CPI") as promulgated by the Bureau of Labor Statistics of the United States. The change in the CPI shall be calculated as of April 1~` of each successor year, using the prior year as the base yeaz. The annual compensation for each successor year shall be adjusted by multiplying the annual compensation for the base year by a percentage which is equal to the difference between the CPI for the base year as of April 1~` with the CPI of each successor year as of April 1~` and shall become effective October 1~`. Notwithstanding the foregoing, the maximum increase in annual compensation shall be five percent (5%). B. The VILLAGE shall be responsible for calculating the annual compensation adjustments based upon the CPI and establish the appropriate annual payment due to the CONTRACTOR. The VILLAGE shall provide CONTRACTOR with the new annual compensation amount no later than September 15th of each year. C. In the event the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing the Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the mannee of computing the Consumer Price Index. In the event that such Consumer Price Index, or a successor or substitute index, is not available, a reliable governmental or other nonpartisan publication, evaluating the information for use in determining the Consumer Price Index, shall be used in lieu of the Consumer Price Index. SECTION 6: INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services famished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. B. The CONTRACTOR shall not be required to indemnify the VII,LAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. SECTION 7: PERSONNEL. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel, required to perform the services under this Contract. B. All of the services required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. C. All of the CONTRACTOR'S personnel (and all sub-contractors) while on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and security. D. All of CONTRACTOR'S personnel shall undergo the standard VILLAGE background investigation. The VILLAGE shall conduct such background investigation on behalf of CONTRACTOR, and CONTRACTOR shall reimburse the VII,LAGE for all costs associated with such investigation. SECTION 8: TERMINATION. A. Termination with cause. The CONTRACTOR may terminate this Contract upon thirty (30) days prior written notice to the VILLAGE'S representative in the event of substantial failure by the VII,LAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. The VILLAGE may terminate this Contract with written notice of cause to the CONTRACTOR, who fails to cure such cause within five (5) days of the receipt of the VILLAGE'S notice. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall: 1. Stop work on the date and to the extent specified; and 2. Terminate and settle all oeders and subcontracts relating to the performance of the terminated work. B. Termination without cause. The Contract may also be terminated by the VII,LAGE or by the CONTRACTOR without cause upon ninety (90) days written notice to the other party. C. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for services rendered to the VILLAGE'S satisfaction through the date of tetminaton. SECTION 9: FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. Unless purchased directly by the VILLAGE, the CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE'S Tax Exemption Number in securing such materials. SECTION 10: INSURANCE. A. Prior to commencing any work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required pursuant to the RFP. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the VILLAGE'S representative. Failure to comply with the foregoing requirements shall not relieve the CONTRACTOR of its liability and obligations under this Contract. B. Alt insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. SECTION 11: SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VQ,LAGE noe the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. SECTION 12: DISPUTE RESOLUTION. LAW, VENUE AND REMEDIES. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Pahn Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 13: INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall be, in the performance of all Services under this Contract, an Independent CONTRACTOR, and not an employee, agent, or servant of the VII,LAGE. All persons engaged in any of the Services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR'S sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Services. SECTION 14: ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Services for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONTRACTOR'S place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. SECTION 15: NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. SECTION 16: ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, couR costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 4 SECTION 17: SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. SECTION 18: MODIFICATIONS OF WORK. A. The VILLAGE reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the VII,LAGE's notification of a contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the VILLAGE of any estimated change in the completion date, and (3) advise the VILLAGE if the contemplated change shall effect the CONTRACTOR's ability to meet the completion dates or schedules of this Contract. B. If the VILLAGE so instructs in writing, the CONTRACTOR shall suspend work on that portion of the work affected by the contemplated change, pending the VILLAGE'S decision to proceed with the change. C. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract Amendment and the CONTRACTOR shall not commence work on any such change until such written amendment is signed by the CONTRACTOR and approved and executed by the Village of North Palm Beach. SECTION 19: PUBLIC ENTITY CRIMES. CONTRACTOR acknowledges and agrees that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-contractor, or CONTRACTOR under a contract with any public entity; and may not ttansact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. The CONTRACTOR will advise the VILLAGE immediately if it becomes aware of any violation of this statute. SECTION 20: PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall continuously maintain adequate protection of all work from damage, and shall protect the VILLAGE'S property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. B. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. SECTION 21: WARRANTY/GUARANTY. CONTRACTOR warrants that its goods and services under this Contract will be free of defects in materials and workmanship for a period of one year following the provision of said goods and services. 5 SECTION 22: COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract. SECTION 23: NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: Timmy Knight, Village Manager Village Hall 501 U.S. Highway Oae North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to Clint Mosier Court Maintenance and Repair, Inc. Attn: Clint Mosier, President 724 McIntosh Street West Palm Beach, FL 33405 The foregoing names and addresses may be changed if such change is provided in writing to the other party. SECTION 24: ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. In the event of a conflict between this Contract and the VILLAGE's RFP and the CONTRACTOR'S proposal, this Contract shall take precedence. All such documents shall be read in a manner so as to avoid a conflict. SECTION 25: WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter. SECTION 26: PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. SECTION 27: SURVNABII,ITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or eazlier termination. SECTION 28: WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into apre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. SECTION 29: FORCE MAJEURE. In the event of unpreventable acts or occurrences wholly beyond the control of and unattributable to the CONTRACTOR, including, by way of example, acts of God, fire, flood, riots, war, terrorist activities, hurricanes or other severe and unforeseen storm events ("Force Majeure Events"), prevent the CONTRACTOR from performing the services contemplated by this Contract, the CONTRACTOR shall be excused from performance under the terms of this Contract during the duration of the Event and the VILLAGE shall be relieved from payment for such services. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract for tennis court maintenance services as of the day and year first above written. CLIIYT NOSIER COURT MAINTENANCE AND REPAIIt, INC. By. ~~~ c f Print Name: ~~ r ni Y-' ,~ of iE~ Position: Q~~S~~'~ WITNESSED BY: Print Name: VII.LAGE OF NORTH PALM BEACH BY: ~sv ~ -d-!~ WILLIAM ;, MAYOR AT7 BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ~~ VILLAGE ATTORNEY VILLAGE CLERK VII.LAGE RFP AND CONTRACTOR'S PROPOSAL TO BE ATTACHED AS E7~BTTS REQUEST FOR PROPOSALS FOR TENNIS COURT MAINTENANCE VILLAGE OF NORTH PALM BEACH 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FLORIDA 33408-4906 ADVERTISEMENT, INSTRUCTIONS FOR PROPOSALS SPECIFICATIONS, PROPOSAL FORMS ADVERTISEMENT The Village of North Palm Beach will be receiving sealed proposals for the furnishing of labor, Tennis Court Maintenance equipment and materials for the at the Village Manager’s Office, Village Hall, 501 U.S. Highway One, North Palm Beach, Florida, until: 2:30 P.M. September 17, 2008 Time Date at which time they will be opened and read in public in the Village Hall conference room. The resulting contract shall be awarded to the responsible proposer that best meets the needs of the Village, taking into consideration, among other things, the financial responsibility of the proposer, proven skill and experience, ability to timely perform the contract, previous satisfactory performance and such other abilities of the proposer that the Village, in its sole discretion, determines will enable the proposer to perform effectively and efficiently the contract being proposed upon. The envelope containing the proposal shall be marked as follows: Tennis Court Maintenance SEALED PROPOSAL: VENDOR’S NAME: __________________________________________ VENDOR’S ADDRESS: OPENING DATE: September 17, 2008 at 2:30 P.M. AND TIME: No proposer may withdraw his or her proposal for a period of sixty (60) days after submission by the date set for the opening thereof. The Village reserves the right to reject any or all proposals and to waive any technicality or informality in any proposal. The complete Request for Proposals including specifications and proposal forms may be obtained by bona fide proposers upon application at the Office of the Director of Parks and Recreation, 603 Anchorage Drive, North Palm Beach, FL 33408 or from the Village website at: www.village-npb.org. THE VILLAGE OF NORTH PALM BEACH Jimmy Knight, Village Manager PUBLISH: PALM BEACH POST DATE: ASAP REQUEST FOR PROPOSALS FOR TENNIS COURT MAINTENANCE 1. REQUEST FOR PROPOSALS: The Village of North Palm Beach, Florida, a Florida municipal corporation in Palm Beach County (“Village”), is accepting sealed proposals for 2:30 P.M. EST on September Tennis Court Maintenance (as more fully described herein) until 17, 2008 , at the Village Manager’s Office, Village Hall, 501 U.S. Highway One, North Palm Beach, FL 33408. Proposals received after the aforementioned date and time will be returned unopened. 2. PREPARATION OF PROPOSAL: This Request for Proposals (“RFP”) provides the complete set of terms and conditions, specifications and proposal forms for the required services. The following documents are attached hereto and incorporated herein by reference. Scope of Work Exhibit “A” Public Entity Crimes Statement Exhibit “B” Proposer’s Acknowledgement Exhibit “C” Proposal Form and Unit Prices Exhibit “D” Drug Free Workplace Exhibit “E” Standard Village Contract Exhibit “F” This RFP is available for review and printing from the Village’s web site: www.village-npb.org. All proposal forms must be completed in full and include a manual signature, in ink, where applicable. The signature must be of an authorized representative who has the legal ability to bind the proposing entity in contractual obligations. Unsigned proposals will not be accepted. All proposals forms must be typed or legibly printed in ink. Use of erasable ink is not permitted. All corrections made by a proposer to any part of a proposal form must be initialed in ink. The Village requests one (1) copy of the completed proposal in an electronic “.PDF”-file format. It is a proposer’s sole responsibility to assure that his/her proposal is complete and delivered at the proper time and place of the proposal opening. The Village will not be responsible for any expenses incurred in connection with the preparation and/or delivery of a proposal. An original of all proposal forms and (2) copies along the other required information (as stated in Section 10 below) must be submitted in a sealed envelope to the address provided above via hand-delivery or mail. Faxed or e-mailed proposals are not acceptable. The face of the sealed envelope shall state “SEALED PROPOSAL” and contain the proposer’s name, return address, title of the proposal, and the date and time for proposal opening. Proposals not submitted in a sealed envelope or on the enclosed proposal forms may be rejected. Mark Hodgkins, All questions regarding this RFP must be submitted in writing to Director of Parks and Recreation by fax to 561-844-1836 or by e-mail to mhodgkins@village- Page 1 7 days npg.org at least prior to the proposal opening. If any question requires a response which the Village, in its sole discretion, determines should be provided to all potential proposers, the Village will issue an official addendum to this RFP. The Village will endeavor to make sure all potential proposers receive such addendum by posting the addendum on the Village’s website for the respective proposal solicitation; however, it is the sole responsibility of every proposer to verify with the Village whether any addendum has been issued prior to submitting a proposal. The Village will not issue an addendum five (5) days or less before proposal opening. 3. PROPOSAL EVALUATION AND AWARD: On the date and time specified in this RFP, the Village will open and announce aloud all proposals received on time. The evaluation of the proposals will occur soon thereafter. The proposal opening may be delayed if, at the sole discretion of the Village, it is considered to be in the Village’s best interests. The Village Administration will evaluate the proposals in order to prepare a recommendation to the Village Council for selection of the top-ranked proposer and award of a resulting contract. Certain proposers may be selected to make a brief presentation to and/or an oral interview with the Village Administration and/or Village Council. The selected proposer will be chosen on the basis of the responsiveness of its proposal, interviews and oral presentations (if required), and the results of the Village's research and investigation of the information in each proposal. Upon selecting the successful proposer who will best serve the interests of the Village, the Village will enter into a contract with that selected proposer. At a minimum, the resulting contract will include the terms and conditions found in a standard Village contract, a copy of which is attached hereto as Exhibit “F”, and incorporate the terms and conditions of this RFP and the selected proposer’s proposal. The Village, in its sole discretion, reserves the right to waive all technicalities or irregularities, to reject any or all proposals or any part of a proposal, to award to a single proposer or to divide the award between proposers, and to re-solicit this RFP or any part of this RFP. The Village further reserves the right, in its sole discretion, to award a contract to the proposer (or proposers) whose proposal best serves the interests of the Village. 4. INSURANCE REQUIREMENTS: A. Prior to the approval of a resulting contract, the selected proposer shall provide to the Village certificates evidencing insurance coverage in the minimum amounts as required hereunder or as otherwise agreed to in the negotiated contract. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The certificates shall clearly indicate that the selected proposer has obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days’ prior written notice to the Village. Failure to comply with the foregoing requirements shall not relieve the selected proposer of its liability and obligations under a resulting contract. Page 2 B. The selected proposer shall maintain, during the life of a resulting contract, commercial general liability, including contractual liability insurance in the amount of $500,000 per occurrence or $1,000,000 in aggregate to protect the selected proposer from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under a resulting contract, whether such operations be performed by the selected proposer or by anyone directly employed by or contracting with the selected proposer. C. The selected proposer shall maintain, during the life of a resulting contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect the selected proposer from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the selected proposer or by anyone directly or indirectly employed by the selected proposer. D. The parties to the resulting contract shall carry Workers’ Compensation Insurance and Employer’s Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers’ Compensation Insurance and chooses not to obtain same, then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the other party. E. All insurance, other than Worker’s Compensation, to be maintained by the selected proposer shall specifically include the Village as an Additional Insured. 5. REGULATIONS, PERMITS AND FEES: The selected proposer will be required to obtain at its own expense all permits, inspections, business tax receipts and/or licenses, if any, required to provide the required services to the Village under this RFP. The Village will waive any and all permit fees required to be obtained from the Village. The selected proposer must comply with all applicable Federal, State and local laws and regulations. 6. PUBLIC ENTITY CRIMES: In accordance with section 287.133, Florida Statutes, any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of $25,000 for a period of 36 months following the date of being placed on the convicted vendor list. Page 3 Accordingly, if your proposal exceeds $25,000, a public entity crimes statement must be completed and signed by an authorized representative and be included with your proposal. A copy of the public entity crimes statement is attached to this RFP as Exhibit “B”. 7. PUBLIC RECORDS: Upon receipt, all proposals and information submitted with each proposal become “public record” and shall be subject to public disclosure consistent with Chapter119, Florida Statutes (“Public Records Law”). In order to be exempt from disclosure, proposers must invoke the specific exemptions to disclosure provided by law in their proposal by providing the specific statutory authority for the claimed exemption, identifying the data or other materials to be protected, and stating the reasons why such exclusion from public disclosure is necessary. 8. PROPOSER’S CERTIFICATION: Each proposer submitting a proposal acknowledges, agrees and certifies as follows: A. The proposer and its proposal are subject to all terms and conditions specified herein with no exceptions unless authorized in writing by the Village; B. The proposal constitutes an offer to the Village which shall remain open, irrevocable and unchanged for sixty (60) days after proposal opening; C. The proposer has not given, offered nor intends to give or offer any economic opportunity, future employment, favor or gratuity in any kind to any employee of the Village in connection with this RFP; D. The proposer has not divulged or discussed its proposal with other proposers; E. The proposal is made based on independent determination of the proposer without collusion with other proposers in an effort to restrict competition; F. The proposer has not made any attempt to induce any potential proposer from submitting or declining to submit a proposal in response to this RFP; G. The proposer is financially solvent and sufficiently experienced and competent to provide all goods and/or services required in this RFP; H. The proposer shall indemnify, defend and hold harmless the Village, its officers, employees and agents from any and all claims, damages, causes of action or liability related to or arising from this RFP; and I. All information provided in the proposal is true and correct in all respects. If any proposer or its proposal fails to comply with the foregoing certifications, said failure will include, but may not be limited to, grounds for rejecting that proposer’s proposal. Page 4 9. PROPOSAL FORMAT AND REQUIREMENTS: Each proposal shall be submitted in a clear, concise format, on 8½ X 11 paper. Each proposal set shall contain all information requested herein to be considered for award. Omission of required information may be cause for disqualification. 1.Cover Letter of Transmittal :The cover letter will summarize in a brief and concise statement the proposer’s qualifications, how it is organized, and its location relative to the Village. Minimum qualifications should be stated and must include: A. A statement that the proposer is licensed and qualified to provide all services requested under this RFP and as stated in the proposal to complete the Project; B. A statement that the proposer is able and will comply with all applicable laws, rules, regulations and ordinances of the Village, Palm Beach County, the State of Florida and the United States if selected by the Village Council; and C. A statement that the proposer is able and will provide the required insurance as stated herein if selected by the Village Council. The Cover Letter should also identify the Project manager for the proposer. An official authorized to bind the proposer and execute a contract must sign the letter of transmittal. The following proposal forms should be attached to the Cover Letter: Public Entity Crimes Statement RFP Exhibit “B” Proposer’s Acknowledgement RFP Exhibit “C” Proposal Form RFP Exhibit “D” Drug Free Workplace RFP Exhibit “E” 2. Additional Information: A.Proposer’s References : The proposer shall submit a list of no more than six (6) municipalities, public entities or other entities to which the proposer has provided similar services as those requested in this RFP. Proposer shall indicate a contact person’s name, address and telephone number for each reference, and a general description of the services provided and the cost of such services. B. Subcontractors : The proposer shall identify all subcontractors, if any, the proposer plans to utilize in the provision of all services under this RFP. C. Equipment : The proposer shall provide a list of equipment that is available to perform the services included within the Scope of Services. D. Conflict of Interest : The proposer shall disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee or officer of the Village. Furthermore, all proposers Page 5 shall disclose the name of any Village employee or officer who, either directly or indirectly, owns a material interest in the proposer’s company, firm or group or in that of any of its affiliates. If no such conflict of interests exists, the proposer should clearly state this in its proposal. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 6 RFP EXHIBIT “A” SCOPE OF WORK SPECIFICATIONS The following are the general specifications covering the maintenance of the ten clay (HarTru) tennis courts at the North Palm Beach Country Club. Unless specifically indicated otherwise, these general provisions shall apply. The work outlined herein shall include, but not be limited to, the following maintenance tasks: dragging, rolling, irrigating and leveling. Contractor agrees to furnish all supervision, and labor as necessary to properly maintain the work specified herein. Supervisory personnel used to oversee the required maintenance shall have a minimum of five (5) years of experience in clay/HarTru tennis court maintenance. Contractor shall implement court maintenance practices as recommended by Lee Tennis and as currently found online at LeeTennis.com. No activity shall be carried out in a manner that will disrupt, inconvenience or endanger any tennis participant or spectator. Failure to follow mandated safety practices or guidelines listed herein may result in termination for cause, at the Village’s discretion. The Contractor shall be responsible for restoration of any damages that occur as a result of its operations, including but not limited to damage to court surfaces, damage to any facility equipment or furnishings, improper equipment operation, pavement or paver damage from loading or unloading, fuel spills, insufficient or improper procedures resulting in. At the end of each maintenance day, all walks, drives, road surfaces, and open space areas will be free of any loose materials, trash, and debris. All personnel shall be required to wear proper attire, which, as a minimum, shall include a standard shirt carrying the company name and/or logo. All personnel shall present a good appearance and maintain a professional code of conduct. Storage or provision for storage shall be made on site for maintenance equipment or materials. All work, unless otherwise specified herein, shall be part of the total amount of the proposal. SECTION ONE: COURT MAINTENANCE DAILY GENERAL: A. Surface Agitation 1. : Steel Broom or Court rake in the mornings and at the end of the day to agitate the top layer of green rock to breakup algae and hard spots. Court Leveling 2. :Playing surface shall be groomed by using a drag brush or clean sweep as a surface leveling device Line Sweeping 3. : Sweep the line tapes each time the surface is agitated Page 7 Watering 4.: Top Watering : Water courts once in the afternoon and once in the evening as the seasonal conditions, daily weather (rain) and water restrictions mandate. Hydro-Courts :Water level control boxes shall be checked and the water level adjusted as needed to maintain proper moisture of the HarTru. This will take into consideration seasonal conditions, daily weather and water restrictions. All water level control float valves shall be maintained and repaired as needed to keep them functioning properly. The following measures shall be taken as needed to maintain proper moisture: a. Charging a zone to increase water level to moisten a dry area; b. Using top water if hydro system is not sufficient to keep courts moist; c. Keeping overflow drains working properly; and d. Using timers if water restrictions limit water times. Luting 5. : The perimeter of the courts where the rakes cannot reach shall be agitated with a lute to prevent algae growth and hard panning. Drinking Water: 6. Add ice and water to the six coolers at the facility. Fill all seven cup holders; 6 with cones and one with styro-foam cups. Cups provided by the Village. Net Heights 7. : Check and adjust net heights. Trash Collection 8. : Empty all on court trash cans and facility garbage cans. Place trash in one of the two dumpsters on the Country Club premises. Inspect and dispose of all trash and debris on the Tennis premises. Cleaning 9. : Wash or wipe down, sweep all outdoor furniture, sidewalks, public areas and patios. Remove all excess clay from exterior of all buildings and walkways. Shoe Cleaners 10. : Remove water, clean apparatus and refill container. Daily Report 11. : Report to Village Staff any broken or faulty equipment in need of repair. WEEKLY GENERAL B. Water Coolers 1. : Completely empty, wash, add ice and add water to all 6 coolers. Exterior Perimeter of Courts: 2. Maintain a clear area of eight to ten (8-10) inches outside the fences. This shall be accomplished by spraying the exterior with weed killer and when necessary ant killer. MONTHLY GENERAL C. Scarify 1. : Scarify algae and hard areas. Use a lute in the small areas and around the perimeter of the court. Use of a Dirt Devil is recommended. Adding HarTru 2. : Add HydroBlend monthly as needed to maintain 1 inch of green rock on each court surface. Page 8 Inspect & Repair Courts 3. : Inspect and repair any surface damage. If baseline areas require divot repair, lute and address as necessary. Remove excess dead material. Remove any algae, grass lichens, moss or weeds. Inspect tapes and nails and repair as necessary. Rolling 4. : Roll courts as needed to attain proper compaction and to keep nails level. Cutrine or Bleach 5. : Use in the boxes to keep HydroCourt lines clean and courts free of algae. SECTION TWO: INSPECTION AND INVOICING A. INVOICING: 1. The Contractor shall submit a monthly invoice on the first business day each month, itemizing ALL maintenance items performed during the previous month. 2. A schedule of all maintenance items to be performed the following month shall be submitted with the invoice. The schedule shall include dates, times, personnel utilized, and locations of the scheduled anticipated work in the forthcoming month. 3. The Village Parks and Recreation Department shall be notified in writing prior to a change in scheduling within five (5) working days (excluding weekends and Village holidays) to allow staff to inspect sites for scheduled maintenance. 4. The Contractor shall be provided a list of dates for check disbursements as established by the Finance Department. Payments will be according to established State and Village policies. B. INSPECTION: 1. The Village will inspect sites at the completion of each weekly cycle and notify the Contractor of conditions. If any are found to be non-compliant with the conditions and specifications outlined in this contract, formal written notice will be given. 2. The Village shall not be invoiced for any work or expense relating to an item found to be non-compliant according to the conditions or specifications outlined herein. 3. The Village shall not pat Contractor for work deemed incomplete. Page 9 RFP EXHIBIT “B” PUBLIC ENTITY CRIMES STATEMENT UNDER § 287.133, FLORIDA STATUTES 1. This sworn statement is submitted to the Village of North Palm Beach, Florida by _____________________________________________________________________ (print individual's name and title) for _____________________________________________________________________ (print name of entity submitting sworn statement) whose business address is___________________________________________________ ________________________________________________________________________ and (if applicable) its Federal Employer Identification Number (FEIN) is:_____________ (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: _______________________) Florida Statutes 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), , means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Florida 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Statutes , means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. Florida Statutes 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), , means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. Florida Statutes 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), , means any natural person or entity organized under the laws of any state or of the United States with the legal power Page 10 to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to (indicate which statement applies.) the entity submitting this sworn statement. _______Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _______The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _______The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the (attach a copy of the final order) convicted vendor list. I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) The foregoing document was sworn and subscribed before me this ______ day of ______________, 2008 by ______________________, who is personally known to me or produced ______________________ as identification. ____________________________ Notary Public My Commission Expires: Page 11 RFP EXHIBIT “C” PROPOSER’S ACKNOWLEDGMENT SUBMIT ONE ORGINAL AND (2) COPIES OF YOUR PROPOSAL TO: Village of North Palm Beach Attn: Village Manager Village Hall 501 US Highway 1, North Palm Beach, FL 33408 RFP TITLE: Tennis Court Maintenance PRIOR TO 2:30 P.M. on September 17, 2008, Proposal must be received at which time Proposals will be opened. Proposer’s Name:_____________________________________________________________ (Please specify if a corporation, partnership, other entity or individual) Fed. ID# or SSN:_______________________ Address:______________________________________________________________________ Telephone No.:______________________ Fax Number:_______________________ Contact representative:___________________________________ The undersigned authorized representative of the Proposer agrees to all terms and conditions stated in the RFP, and proposes and agrees that if this proposal is accepted by the Village, the Proposer will enter into the standard Village contract to provide the services as stated in this proposal and in accordance with the terms and conditions of this RFP. ________________________________________ ________________ Authorized Representative’s Signature Date ________________________________________ __________________________________ Name: Position: Page 12 RFP EXHIBIT “D” PROPOSAL FORM AND UNIT PRICES Section One In accordance with the terms and conditions stated in the Request for Proposal (RFP) requesting all goods and services for the Tennis Court Maintenance, the undersigned proposes the following to the Village of North Palm Beach: ____________________________________ (proposer’s legal name) certifies that it is licensed to perform the requested services in the State of Florida and Palm Beach County. Applicable License number(s):_______________________________________. Proposer agrees to provide the required services stated in the RFP for an amount not to exceed the following sum on an annual basis: ____________________________________________________________________ Written Dollar Amount ($_______________________) ________________________________________ ________________ Authorized Representative’s Signature Date ________________________________________ __________________________________ Name: Position: Page 13 RFP EXHIBIT “E” CONFIRMATION OF DRUG-FREE WORKPLACE In accordance with Section 287.087, Florida Statutes, whenever two or more Proposals are equal with respect to price, quality, and service which are received by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement on behalf of _____________________________, I certify that complies fully with the above requirements. ________________________________________ ________________ Authorized Representative’s Signature Date ________________________________________ __________________________________ Name: Position: Page 14 REQUEST FOR PROPOSAL EXHIBIT “F” STANDARD VILLAGE CONTRACT CONTRACT FOR TENNIS COURT MAINTENANCE VILLAGE OF NORTH PALM BEACH This Contract is made as of the _______ day of _____________, 2008, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, by and through its Village Council, hereinafter referred to as the VILLAGE, and ______________________________________________________, an individual or corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is ________________. In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all work necessary for tennis court maintenance pursuant to the terms and conditions of this Contract. SECTION 1 : GOODS AND SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services necessary for tennis court maintenance as required under the VILLAGE’s Request for Proposal and the CONTRACTOR’s proposal thereto, which are attached hereto and incorporated herein by reference and to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. B. The goods and services to be provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon written notice from the VILLAGE to proceed. SECTION 2 : TERM OF CONTRACT. A. This Contract shall be for an initial term of three (3) years from the date first written above unless earlier terminated in accordance with the terms and conditions stated herein. The initial term of this Contract shall automatically extend for an additional two (2) years unless either party notifies the other party at least ninety (90) days prior to the end of the initial term that it does not desire to have the Contract automatically extend for another two (2) years. B. The CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages. SECTION 3 : VILLAGE’S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be Mark Hodgkins, Director of Parks and Recreation. The Village Manager or Village Representative shall have the right at all reasonable times during the term of this Contract to inspect or otherwise evaluate the work being performed thereunder and the premises in which it is being performed. Page 15 SECTION 4 : COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR’s proposal attached hereto and incorporated by reference herein. The total and cumulative amount of this Contract shall not exceed the amount stated in CONTRACTOR’s proposal. B. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on the CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by the CONTRACTOR. The VILLAGE will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of all goods and services. SECTION 5 : INDEMNIFICATION. A. The CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its agents, servants, and employees from and against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or omission of the CONTRACTOR, its agents, servants, or employees in the performance of services under this Contract. B. The CONTRACTOR further agrees to indemnify, save harmless and defend the VILLAGE, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of any conduct or misconduct of the CONTRACTOR its agents, servants, or employees not included in the paragraph above and for which the VILLAGE, its agents, servants or employees are alleged to be liable. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. SECTION 6. : PERSONNEL A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel, which may include the hiring of Village employees, required to perform the services under this Contract. B. All of the services required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. C. All of the CONTRACTOR’s personnel (and all sub-contractors) while on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and security. SECTION 7 : TERMINATION. This Contract may be cancelled by the CONTRACTOR upon thirty (30) days prior written notice to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE without cause upon thirty (30) days written notice to the CONTRACTOR. The VILLAGE may also terminate this Contract with written notice of cause to the CONTRACTOR, who fails to cure such cause within ten (10) days of the receipt of the VILLAGE’s notice. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for Page 16 services rendered to the VILLAGE’s satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall: A. Stop work on the date and to the extent specified; B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; C. Transfer all work in progress, completed work, and other materials related to the terminated work to the VILLAGE; and D. Continue and complete all parts of the work that have not been terminated. SECTION 8 : FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. Unless purchased directly by the VILLAGE, the CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE’s Tax Exemption Number in securing such materials. SECTION 9 : INSURANCE. A. Prior to commencing any work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required hereunder. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days’ prior written notice to the VILLAGE’s representative. Failure to comply with the foregoing requirements shall not relieve the CONTRACTOR of its liability and obligations under this Contract. B. The CONTRACTOR shall maintain, during the life of this Contract, commercial general liability, including contractual liability insurance in the amount of $500,000 per occurrence or $1,000,000 in aggregate to protect the CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract, whether such operations be by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. C. The parties to this Contract shall carry Workers’ Compensation Insurance and Employer’s Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers’ Compensation Insurance and chooses not to obtain same, then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the VILLAGE. D. All insurance, other than Worker’s Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. Page 17 SECTION 10 :SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. SECTION 11 :DISPUTE RESOLUTION, LAW, VENUE AND REMEDIES. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 12 : INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall be, in the performance of all Services under this Contract, an Independent CONTRACTOR, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR’S sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Services. SECTION 13 : ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Services for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONTRACTOR’s place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. SECTION 14 : NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. SECTION 15 : ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. SECTION 16 : SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. Page 18 SECTION 17 : MODIFICATIONS OF WORK. A. The VILLAGE reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the VILLAGE’s notification of a contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the VILLAGE of any estimated change in the completion date, and (3) advise the VILLAGE if the contemplated change shall effect the CONTRACTOR’s ability to meet the completion dates or schedules of this Contract. B. If the VILLAGE so instructs in writing, the CONTRACTOR shall suspend work on that portion of the work affected by the contemplated change, pending the VILLAGE’s decision to proceed with the change. C. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract Amendment and the CONTRACTOR shall not commence work on any such change until such written amendment is signed by the CONTRACTOR and approved and executed by the Village of North Palm Beach. SECTION 18 : PUBLIC ENTITY CRIMES. CONTRACTOR acknowledges and agrees that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-contractor, or CONTRACTOR under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. The CONTRACTOR will advise the VILLAGE immediately if it becomes aware of any violation of this statute. SECTION 19 : PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall continuously maintain adequate protection of all work from damage, and shall protect the VILLAGE’s property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. B. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. SECTION 20: WARRANTY/GUARANTY. CONTRACTOR warrants that its goods and services under this Contract will be free of defects in materials and workmanship for a period of one year following the provision of said goods and services. SECTION 21 : COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract. SECTION 22 : NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Page 19 Village of North Palm Beach Attn: Jimmy Knight, Village Manager Village of North Palm Beach 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: The foregoing names and addresses may be changed if such change is provided in writing to the other party. SECTION 23 : ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. In the event of a conflict between this Contract and the VILLAGE’s Request for Proposal and the CONTRACTOR’s proposal, this Contract shall take precedence with the VILLAGE’s Request for Proposal taking precedence over the CONTRACTOR’s proposal. All such documents shall be read in a manner so as to avoid a conflict. SECTION 24 : WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. SECTION 25 : PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. SECTION 26 : SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. SECTION 27 : WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. Page 20 IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH BY: ________________________________ WILLIAM MANUEL, MAYOR ATTEST: BY:________________________________ MELISSA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY Page 21 VILLAGE RFP AND CONTRACTOR’S PROPOSAL TO BE ATTACHED AS EXHIBITS Page 22 REQUEST FOR PROPOSALS FOR TENNIS COURT MAINTENANCE VILLAGE OF NORTH PALM BEACH 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FLORIDA 33408-4906 ADVERTISEMENT, INSTRUCTIONS FOR PROPOSALS SPECIFICATIONS, PROPOSAL FORMS ADVERTISEMENT The Village of North Palm Beach will be receiving sealed proposals for the furnishing of labor, equipment and materials for the Tennis Court Maintenance at the Village Manager's Office, Village Hall, 501 U.S. Highway One, North Palm Beach, Florida, until: 2:30 P.M. September 17, 2008 Time Date at which time they will be opened and read in public in the Village Hall conference room. The resulting contract shall be awarded to the responsible proposer that best meets the needs of, the Village, taking into consideration, among other things, the financial responsibility of the proposer, proven skill and experience, ability to timely perform the contract, previous satisfactory performance and such other abilities of the proposer that the Village, in its sole discretion, determines will enable the proposer to perform effectively and efficiently the contract being proposed upon. The envelope containing the proposal shall be marked as follows: SEALED PROPOSAL: Ten~n!is Court Maintenance VENDOR'S NAME: r 0.s-~ ~fi$ ~F D ~~ VENDOR'S ADDRESS: 40D Nul 13t~• tn~C- , P+..r.-~ ~FL 3$O6q OPENING DATE: AND TIME: September 17, 2008 at 2:30 P.M. No proposer may withdraw his or her proposal for a period of sixty (60) days after submission by the date set for the opening thereof. The Village reserves the right to reject any or all proposals and to waive any technicality or informality in any proposal. The complete Request for Proposals including specifications and proposal forms may be obtained by bona fide proposers upon application at the Office of.the Director of Parks and Recreation, 603 Anchorage Drive, North Palm Beach, FL 33408 or from the Village website at: www.villaee-nob.ore. THE VILLAGE OF NORTH PALM BEACH Jimmy Knight, Village Manager PUBLISH: PALM BEACH POST DATE: ASAPREQUEST FOR PROPOSALS FOR TENNIS COURT MAINTENANCE 1. REQUEST FOR PROPOSALS: The Village of North Palm Beach, Florida, a Florida municipal corporation in Palm Beach County ("Village"), is accepting sealed proposals for Tennis Court Maintenance (as more fully described herein) unti12:30 P.M. EST on Seutember 17, 2008, at the Village Manager's Office, Village Hall, 501 U.S. Highway One, North Palm Beach, FL 33408. Proposals received after the aforementioned date and time will be returned unopened. 2. PREPARATION OF PROPOSAL: This Request for Proposals ("RFP") provides the complete set of terms and conditions, specifications and proposal forms for the required services. The following documents are attached hereto and incorporated herein by reference. Scope of Work Public Entity Crimes Statement Proposer's Acknowledgement Proposal Form and Unit Prices Drug Free Workplace Standard Village Contract Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" This RFP is available for review and printing from the Village's web site: www.village- npb.org. All proposal forms must be completed in full and include a manual signature, in ink, where applicable. The signature must be of an authorized representative who has the legal ability to bind the proposing entity in contractual obligations. Unsigned proposals will not be accepted. All proposals forms must be typed or legibly printed in ink. Use of erasable ink is not permitted. All corrections made by a proposer to any part of a proposal form must be initialed in ink. The Village requests one (1) copy of the completed proposal in an electronic ".PDF"-file format. It is a proposer's sole responsibility to assure that his/her proposal is complete and delivered at the proper time and place of the proposal opening. The Village will not be responsible for any expenses incurred in connection with the preparation and/or delivery of a proposal. An original of all proposal forms and (2) copies along the other required information (as stated in Section 10 below) must be submitted in a sealed envelope to the address provided above via hand-delivery or mail. Faxed or e-mailed proposals are not acceptable. The face of the sealed envelope shall state "SEALED PROPOSAL" and contain the proposer's name, return address, title of the proposal, and the date and time for proposal opening. Proposals not submitted in a sealed envelope or on the enclosed proposal forms maybe rejected. All questions regarding this RFP must be submitted in writing to Mark Hod¢kins. Director of Parks and Recreation by fax to 561-844-1836 or by a-mail to mhodekinsna,village=npg.org at least 7 davs prior to the proposal opening. If any question requires a response which the Village, in its sole discretion, determines should be provided to all potential proposers, the Village will issue an official addendum to this RFP. The Village will endeavor to make sure all potential proposers receive such addendum by posting the addendum on the Village's website for the respective proposal solicitation; however, it is the sole responsibility of every proposer to verify with the Village whether any addendum has been issued prior to submitting a proposal. The Village will not issue an addendum five (5) days or less before proposal opening. 3. PROPOSAL EVALUATION AND AWARD: On the date and time specified in this RFP, the Village will open and announce aloud all proposals received on time. The evaluation of the proposals will occur soon thereafter. The proposal opening may be delayed if, at the sole discretion of the Village, it is considered to be in the Village's best interests. The Village Administration will evaluate the proposals in order to prepaze a recommendation to the Village Council for selection of the top-ranked proposer and award of a resulting contract. Certain proposers may be selected to make a brief presentation to and/or an oral interview with the Village Administration and/or Village Council. The selected proposer will be chosen on the basis of the responsiveness of its proposal, interviews and oral presentations (if required), and the results of the Village's research and investigation of the information in each proposal. Upon selecting the successful proposer who will best serve the interests of the Village, the Village will enter into a contract with that selected proposer. At a minimum, the resulting contract will include the terms and conditions found in a standard Village contract, a copy of which is attached hereto as Exhibit "F", and incorporate the terms and conditions of this RFP and the selected proposer's proposal. The Village, in its sole discretion, reserves the right to waive all technicalities or irregularities, to reject any or all proposals or any part of a proposal, to award to a single proposer or to divide the award between proposers, and to re-solicit this RFP or any part of this RFP. The Village further reserves the right, in its sole discretion, to award a contract to the proposer (or proposers) whose proposal best serves the interests of the Village. 4. INSURANCE REOUIItEMENT5: A. Prior to the approval of a resulting contract, the selected proposer shall provide to the Village certificates evidencing insurance coverage in the minimum amounts as required hereunder or as otherwise agreed to in the negotiated contract. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The certificates shall clearly indicate that the selected proposer has obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the Village. Failure to comply with the foregoing requirements shall not relieve the selected proposer of its liability and obligations under a resulting contract. B. The selected proposer shall maintain, during the life of a resulting contract, commercial general liability, including contractual liability insurance in the amount of $500,000 per occurrence or $1,000,000 in aggregate to protect the selected proposer from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under a resulting contract, whether such operations be performed by the selected proposer or by anyone directly employed by or contracting with the selected proposer. C. The selected proposer shall maintain, during the life of a resulting contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect the selected proposer from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the selected proposer or by anyone directly or indirectly employed by the selected proposer. D. The parties to the resulting contract shall carry Workers' Compensation Insurance and Employer's Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the other party. E. All insurance, other than Worker's Compensation, to be maintained by the selected proposer shall specifically include the Village as an Additional Insured. 5. REGULATIONS. PERMITS AND FEES: The selected proposer will be required to obtain at its own expense all permits, inspections, business tax receipts and/or licenses, if any, required to provide the required services to the Village under this RFP. The Village will waive any and all permit fees required to be obtained from the Village. The selected proposer must comply with all applicable Federal, State and local laws and regulations. 6. PUBLIC ENTITY CRIMES: In accordance with section 287.133, Florida Statutes, any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, , supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of $25,000 for a period of 36 months following the date of being placed on the convicted vendor list. Accordingly, if your proposal exceeds $25,000, a public entity crimes statement must be completed and signed by an authorized representative and be included with your proposal. A copy of the public entity crimes statement is attached to this RFP as Exhibit ..B,~. 7. PUBLIC RECORDS: Upon receipt, all proposals and information submitted with each proposal become "public record" and shall be subject to public disclosure consistent with Chapter119, Florida Statutes ("Public Records Law"). In order to be exempt from disclosure, proposers must invoke the specific exemptions to disclosure provided by law in their proposal by providing the specific statutory authority for the claimed exemption, identifying the data or other materials to be protected, and stating the reasons why such exclusion from public disclosure is necessary. 8. PROPOSER'S CERTIFICATION: Each proposer submitting a proposal acknowledges, agrees and certifies as follows: A. The proposer and its proposal are subject to all terms and conditions specified herein with no exceptions unless authorized in writing by the Village; B. The proposal constitutes an offer to the Village which shall remain open, irrevocable and unchanged for sixty (60) days after proposal opening; C. The proposer has not given, offered nor intends to give or offer any economic opportunity, future employment, favor or gratuity in any kind to any employee of the Village in connection with this RFP; D. The proposer has not divulged or discussed its proposal with other proposers; E. The proposal is made based on independent determination of the proposer without collusion with other proposers in an effort to restrict competition; F. The proposer has not made any attempt to induce any potential proposer from submitting or declining to submit a proposal in response to this RFP; G. The proposer is financially solvent and sufficiently experienced and competent to provide all goods and/or services required in this RFP; H. The proposer shall indemnify, defend and hold harmless the Village, its officers, employees and agents from any and all claims, damages, causes of action or liability related to or arising from this RFP; and I. All information provided in the proposal is true and correct in all respects. If any proposer or its proposal fails to comply with the foregoing certifications, said failure will include, but may not be limited to, grounds for rejecting that proposer's proposal. 9. PROPOSAL FORMAT AND REOULREMENTS: Each proposal shall be submitted in a clear, concise format, on 8%z X 11 paper. Each proposal set shall contain all information requested herein to be considered for award. Omission of required information maybe cause for disqualification. 1. Cover Letter of Transmittal: The cover letter will summarize in a brief and concise statement the proposer's qualifications, how it is organized, and its location relative to the Village. Minimum qualifications should be stated and must include: A. A statement that the proposer is licensed and qualified to provide all services requested under this RFP and as stated in the proposal to complete the Project; B. A statement that the proposer is able and will comply with all applicable laws, rules, regulations and ordinances of the Village, Palm Beach County, the State of Florida and the United States if selected by the Village Council; and C. A statement that the proposer is able and will provide the required insurance as stated herein if selected by the Village Council. The Cover Letter should also identify the Project manager for the proposer. An official authorized to bind the proposer and execute a contract must sign the letter of transmittal. The following proposal forms should be attached to the Cover Letter: Public Entity Crimes Statement Proposer's Acknowledgement Proposal Form Drug Free Workplace RFP Exhibit "B" RFP Exhibit "C" RFP Exhibit "D" RFP Exhibit "E" 2. Additional Information: A. Proposer's References: The proposer shall submit a list of no more than six (6) municipalities, public entities or other entities to which the proposer has provided similar services as those requested in this RFP. Proposer shall indicate a contact person's name, address and telephone number for each reference, and a general description of the services provided and the cost of such services. B. Subcontractors: The proposer shall identify all subcontractors, if any, the proposer plans to utilize in the provision of all services under this RFP. C. Equipment: The proposer shall provide a list of equipment that is available to perform the services included within the Scope of Services. D. Conflict of Interest: The proposer shall disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, pazent, sibling, and child) who is also an employee or officer of the Village. Furthermore, all proposers shall disclose the name of any Village employee or officer who, either directly or indirectly, owns a material interest in the proposer's company, firm or group or in that of any of its affiliates. If no such conflict of interests exists, the proposer should clearly state this in its proposal. ITHE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKI RFP EXHIBIT "A" SCOPE OF WORK SPECIFICATIONS The following are the general specifications covering the maintenance of the ten clay (HarTrn) tennis courts at the North Palm Beach Country Club. Unless specifically indicated otherwise, these general provisions shall apply. The work outlined herein shall include, but not be limited to, the following maintenance tasks: dragging, rolling, irrigating and leveling. Contractor agrees to furnish all supervision, and labor as necessary to properly maintain the work specified herein. Supervisory personnel used to oversee the required maintenance shall have a minimum of five (5) years of experience in clay/HarTru tennis court maintenance. Contractor shall implement court maintenance practices as recommended by Lee Tennis and as currently found online at LeeTennis.com. No activity shall be carried out in a manner that will disrupt, inconvenience or endanger any tennis participant or spectator. Failure to follow mandated safety practices or guidelines listed herein may result in termination for cause, at the Village's discretion. The Contractor shall be responsible for restoration of any damages that occur as a result of its operations, including but not limited to damage to court surfaces, damage to any facility equipment or furnishings, improper equipment operation, pavement or paver damage from loading or unloading, fuel spills, insufficient or improper procedures resulting in. At the end of each maintenance day, all walks, drives, road surfaces, and open space areas will be free of any loose materials, hash, and debris. All personnel shall be required to wear proper attire, which, as a minimum, shall include a standard shirt carrying the company name and/or logo. All personnel shall present a good appearance and maintain a professional code of conduct. Storage or provision for storage shall be made on site for maintenance equipment or materials All work, unless otherwise specified herein, shall be part of the total amount of the proposal. SECTION ONE: COURT MAINTENANCE A. DAILY GENERAL: 1. Surface Agitation: Steel Broom or Court rake in the mornings and at the end of the day to agitate the top layer of green rock to breakup algae and hard spots. 2. Court Leveling: Playing surface shall be groomed by using a drag brush or clean sweep as a surface leveling device 3. Line Sweeping: Sweep the line tapes each time the surface is agitated 4. Watering Top Watering: Water courts once in the afternoon and once in the evening as the seasonal conditions, daily weather (rain) and water restrictions mandate. Hydro-Courts: Water level control boxes shall be checked and the water level adjusted as needed to maintain proper moisture of the HarTru. This will take into consideration seasonal conditions, daily weather and water restrictions. All water level control float valves shall be maintained and repaired as needed to keep them functioning properly. The following measures shall be taken as needed to maintain proper moisture: a. Charging a zone to increase water level to moisten a dry area; b. Using top water if hydro system is not sufficient to keep courts moist; c. Keeping overflow drains working properly; and d. Using timers if water restrictions limit water times. 5. Luting: The perimeter of the courts where the rakes cannot reach shall be agitated with a lute to prevent algae growth and hard panning. 6. Drinking Water: Add ice and water to the six coolers at the facility. Fill all seven cup holders; 6 with cones and one with styro-foam cups. Cups provided by the Village. 7. Net Heights: Check and adjust net heights. 8. Trash Collection: Empty all on court trash cans and facility garbage cans. Place trash in one of the two dumpsters on the Country Club premises. Inspect and dispose of all trash and debris on the Tennis premises. 9. Cleaning: Wash or wipe down, sweep all outdoor furniture, sidewalks, public areas and patios. Remove all excess clay from exterior of all buildings and walkways. 10. Shoe Cleaners: Remove water, clean apparatus and refill container. 11. Daily Report: Report to Village Staff any broken or faulty equipment in need of repair. B. WEEKLY GENERAL 1. Water Coolers: Completely empty, wash, add ice and add water to all 6 coolers. 2. Exterior Perimeter of Courts: Maintain a clear area of eight to ten (8-10) inches outside the fences. This shall be accomplished by spraying the exterior with weed killer and when necessary ant killer. C. MONTHLY GENERAL Scarify: Scarify algae and hard areas. Use a lute in the small areas and around the perimeter of the court. Use of a Dirt Devil is recommended. 2. Adding HarTru: Add HydroBlend monthly as needed to maintain 1 inch of green rock on each court surface. 3. Inspect & Repair Courts: Inspect and repair any surface damage. if baseline areas require divot repair, lute and address as necessary. Remove excess dead material. Remove any algae, grass lichens, moss or weeds. Inspect tapes and nails and repair as necessary. 4. Rollin: Roll courts as needed to attain proper compaction and to keep nails level. 5. Cutrine or Bleach: Use in the boxes to keep HydroCourt lines clean and courts free of algae. SECTION TWO: INSPECTION AND INVOICING A. 1. The Contractor shall submit a monthly invoice on the first business day each month, itemizing ALL maintenance items performed during the previous month. 2. A schedule of all maintenance items to be performed the following month shall be submitted with the invoice. The schedule shall include dates, times, personnel utilized, and locations of the scheduled anticipated work in the forthcoming month. 3. The Village Parks and Recreation Department shall be notified in writing prior to a change in scheduling within five (5) working days (excluding weekends and Village holidays) to allow staff to inspect sites for scheduled maintenance. 4. The Contractor shall be provided a list of dates for check disbursements as established by the Finance Department. Payments will be according to established State and Village policies. B. INSPECTION: 1. The Village will inspect sites at the completion of each weekly cycle and notify the Contractor of conditions. If any are found to be non-compliant with the conditions and specifications outlined in this contract, forma] written notice will be given. 2. The Village shall not be invoiced for any work or expense relating to an item found to be non-compliant according to the conditions or specifications outlined herein. 3. The Village shall not pat Contractor for work deemed incomplete. RFP EXHIBIT "B" PUBLIC ENTITY CRIMES STATEMENT UNDER & 287.133. FLORIDA STATUTES 1. This sworn statement is submitted to the Village of North Palm Beach, Florida by ~ocQd ~~~ ~ Z2 rP~51~n^~ not indivi al's name and jitle) for ~~t 5'~ - ~(J Co~X"S i (print name of tity submitting sworn statement) whose business address is '~(~ N~ ~3~ ~~~ Y~/V~"m ~c~~ ~~ ~3f~6~i and (if applicable) its Federal Employer Identification Number (FEIN) is: 5 9-Z32 ~ b y O (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is tme in relation to the entity submitting this swom statement. (indicate which statement applies.) ~~Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been chazged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this swom statement, or one or more of its officers, directors, executives, partriers, shazeholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this swom statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this swom statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF TffiS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FII.ED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ' (Signature) The foregoing document was sworn and subscribed before me this ~ day of S~ ~ ~ 2008 by T>ah ~m TTo~ ,who is personally known to me or produced as identific NOSIRY PU3LiC-S1FlE OF : iORIDA ~° R1C11ARD SnN2rlliE Notary Pub is Commission ;1 DD593712 0.P Expires: OCF. 17, 2010 My Commission Expires: / o - / 7' ~®/ a aonu'ta nmu,uwrnc eoxuu+c co, cvc RFP EXHIBIT "C" PROPOSER'S ACKNOWLEDGMENT SUBMiT ONE ORGINAL AND (2) COPIES OF YOUR PROPOSAL TO: Village of North Palm Beach Attn: Village Manager Village Hal] 501 US Highway 1, North Palm Beach, FL 33408 RFP TITLE: Tennis Court Maintenance Proposal must be received PRIOR TO 2:30 P.M. on September 17, 2008, at which time Proposals will be opened. Proposer's Name: QS-I '" Q (Please specify if a corpora CDJ ~S - C.d!-~O~ 1 l~/~ partnership, other entity or individual) Fed. ID# or SSN: S 9 - 2 ~ ~ 1 b ~( O n1 ~ c 3 ~r- .,~g-~, ~~e ~a~,,~.o ~3e~• , FL ~3 c~9 Telephone No.: 9,SQ'g7~~f'-3 ~/I /~^ Fax Number: ~S~J -979- I.3.~S~ Contact representative: / y~pC L/~~ The undersigned authorized representative of the Proposer agrees to all terms and conditions stated in the RFP, and proposes and agrees that if this proposal is accepted by the Village, the Proposer will enter into the standard Village contract to provide the services as stated in this proposal and in accordance with the terms and conditions of this RFP. ~ /2 08 Authorized Representative's signature Date Name: /O~ ~~ Position: ~~~ P/7esi~dl RFP EXHIBIT "D" PROPOSAL FORM AND UNIT PRICES Section One In accordance with the terms and conditions stated in the Request for Proposal (RFP) requesting all goods and services for the Tennis Court Maintenance, the undersigned proposes the following to the Village of North Palm Beach: ~t.S/ ' ~~~ Coifs (proposer's legal name) certifies that it is licensed to per o the requested services in the State of Florida and Palm Beach County. Applicable License number(s): Proposer agrees to provide the required services stated in the RFP for an amount not to exceed the following sum on an annual basis: G Written Dollar Amount Authorized Representative's Signature ~ iz a8 D to Name: ~ ,I /J Position: I/~ ~~ps-~~ RFP EXHIBIT "E" CONFIRMATION OF DRUG-FREE WORKPLACE In accordance with Section 287.087, Florida Statutes, whenever two or more Proposals are equal with respect to price, quality, and service which are received by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that maybe imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. (6) Make a good faith effort to continue to maintain adrug-free workplace through implementation of this section. As the person authorized to sign this statement on behalf of -~tiSf-~v Co4/7~__ , I certify that ~as'~--~r'~/ ~oy~ complies fully ith the above requirements. 9 i z o8 Authorized Representative's Signature Dat