R2024-50 Athletic Field Turf Maintenance ContractRESOLUTION 2024-50
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL SUBMITTED BY
FLORIDA ULS OPERATING LLC D/B/A HAVERLAND AG INNOVATIONS
FOR ATHLETIC FIELD TURF MAINTENANCE SERVICES AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A
CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on April 24, 2024, the Village issued a Request for Proposals for Athletic Field Turf
Maintenance Services ("RFP"); and
WHEREAS, the Village received two proposals in response to the RFP; and
WHEREAS, the Selection Committee recommended accepting the highest -ranked bid proposal
submitted by Florida ULS Operating LLC d/b/a Haverland Ag Innovations, the Village's current
provider of athletic field maintenance services; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the residents of the Village of North Palm Beach.
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 accepts the proposal submitted by Florida ULS Operating LLC
d/b/a Haverland Ag Innovations to provide athletic turf maintenance services at a total annual cost
not to exceed $222,708.00, with funds expended from Account No. A8028-33491 (Parks &
Recreation — Contractual Services). The Village Council further authorizes the Mayor and Village
Clerk to execute a Contract for the performance of such services, a copy of which is attached hereto
and incorporated herein.
Section 3. This Resolution shall take effect immediately upon its adoption.
THIS 27TH DAY OF JUNE, 2024.
MAYOR
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CONTRACT
This Contract is made as of the 27th day of June, 2024, by and between the VILLAGE OF NORTH
PALM BEACH, a municipal corporation organized and existing under the laws of the State
of Florida, hereinafter referred to as the VILLAGE, and FLORIDA ULS OPERATING LLC, a
Florida limited liability company d/b/a HAVERLAND AG INNOVATIONS, hereinafter referred to
as the VENDOR.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the
VENDOR shall provide to the VILLAGE all goods and services necessary to provide Athletic Field
Turf Maintenance Services pursuant to the terms and conditions of this Contract.
SECTION 1: SCOPE OF SERVICES OF THE VENDOR.
The Scope of Work is for Athletic Field Turf Maintenance Services in accordance with the
Request for Proposals issued by the Village, and VENDOR’s Proposal submitted in response to the
Request for Proposals, which are incorporated herein by reference.
SECTION 2: TERM OF CONTRACT.
A. This Contract shall become effective October 1, 2024 and shall remain in effect for a period
of three (3) years, unless earlier terminated in accordance with Section 7. This Contract shall
automatically renew for two (2) additional one (1) year periods upon the same terms and conditions
contained herein unless either party provides the other party with ninety (90) days’ written notice of
its intent not to renew prior to the expiration of the initial term or renewal term. Any variation to the
terms and conditions set forth herein shall be in writing and signed by both parties.
B. The VENDOR shall not be entitled to an increase in the agreed to compensation resulting
from 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 Zakariya
Sherman, Director of Leisure Services. 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.
SECTION 4: COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate the VENDOR for providing Athletic Field Turf
Maintenance Services and for which Purchase Orders are issued in accordance with VENDOR’s
Proposal, which is attached hereto and incorporated herein by reference.
B. In order for both parties herein to close their books and records, VENDOR will clearly
state “final invoice” on the VENDOR’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
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properly included in this final invoice are waived by the VENDOR. The VILLAGE will not be
liable for any invoice from the VENDOR submitted thirty (30) days after the provision of all goods
and services.
SECTION 5: INDEMNIFICATION.
A. The VENDOR 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 VENDOR, its agents, servants, or
employees in the performance of services under this Contract.
B. The VENDOR 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 VENDOR 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 VENDOR, 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 VENDOR 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 VENDOR 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 VENDOR’s personnel (and all sub-contractors OR sub-consultants) 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 VENDOR 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 VENDOR. It may also be
terminated, in whole or in part, by the VILLAGE without cause upon thirty (30) days written notice
to the VENDOR. The VILLAGE may also terminate this Contract with written notice of cause to
the VENDOR, who fails to cure such cause within ten (10) days of the receipt of the VILLAGE’s
notice. Unless the VENDOR is in breach of this Contract, the VENDOR shall be paid for 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 VENDOR shall:
A. Stop work on the date and to the extent specified;
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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 VENDOR shall not be exempted from paying sales tax to its
suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the
VENDOR authorized to use the VILLAGE’s Tax Exemption Number in securing such materials.
SECTION 9: INSURANCE.
A. Prior to commencing any work, the VENDOR shall provide certificates evidencing insurance
coverage as required in the Request of Proposals. 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 VENDOR 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 VENDOR of its liability and obligations
under this Contract.
B. 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.
C. All insurance, other than Worker’s Compensation, to be maintained by the VENDOR
shall specifically include the VILLAGE as an Additional Insured.
SECTION 10: SUCCESSORS AND ASSIGNS.
The VILLAGE and the VENDOR 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 VENDOR 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 VENDOR.
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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. The VILLAGE and the VENDOR knowingly, voluntarily, and intentionally
waive any right they may have to trial by jury with respect to any litigation arising out of or in
connection with this Contract.
SECTION 12: INDEPENDENT CONTRACTOR RELATIONSHIP.
The VENDOR 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 VENDOR’S sole direction, supervision, and control. The VENDOR shall
exercise control over the means and manner in which it and its employees perform the Services.
SECTION 13: ACCESS AND AUDITS.
The VENDOR 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 VENDOR’s place
of business. In no circumstances will VENDOR be required to disclose any confidential or
proprietary information regarding its products and service costs.
SECTION 14: NONDISCRIMINATION.
The VENDOR 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
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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 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 VENDOR of the VILLAGE’s notification
of a contemplated change, the VENDOR 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 affect the VENDOR’s ability to meet the completion dates or schedules of this Contract.
B. If the VILLAGE so instructs in writing, the VENDOR 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 Change to
the Purchase Order and the VENDOR shall not commence work on any such change until such
revised Purchase Order is received.
SECTION 18: PUBLIC ENTITY CRIMES.
VENDOR 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 VENDOR, supplier, sub- VENDOR or VENDOR
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 thirty-six (36) months following the date of being placed on the convicted
vendor list. The VENDOR will advise the VILLAGE immediately if it becomes aware of any
violation of this statute.
SECTION 19: PROTECTION OF WORK AND PROPERTY.
A. The VENDOR 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 VENDOR shall provide
any necessary materials to maintain such protection.
B. The VENDOR 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.
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SECTION 20: WARRANTY/GUARANTY.
VENDOR warrants that its goods and services under this Contract will be free of defects in materials
and workmanship for a period of one (1) year following the provision of said goods and services.
SECTION 21: COMPLIANCE WITH LAWS.
VENDOR 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:
Village of North Palm Beach
Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the VENDOR shall be mailed to:
Florida ULS Operating LLC d/b/a Haverland Ag Innovations
Attn: Keely Haverland, Business Development Manager
12276 San Jose Boulevard, Suite 747
Jacksonville, FL 32223
SECTION 23: ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and the VENDOR 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 Proposals and the
VENDOR’s Proposal, this Contract shall take precedence with the VILLAGE’s Request for
Qualifications taking precedence over the VENDOR’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.
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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.
VENDOR 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 VENDOR 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 VENDOR enter into
such an agreement on a pre-loss basis.
SECTION 28: INSPECTOR GENERAL.
VENDOR is aware that the Inspector General of Palm Beach County has the authority to investigate
and audit matters relating to the negotiation and performance of this Contract and in furtherance
thereof, may demand and obtain records and testimony from VENDOR. VENDOR understands
and agrees that in addition to all other remedies and consequences provided by law, the failure of
VENDOR to fully cooperate with the Inspector General when requested may be deemed by the
VILLAGE to be a material breach of this Contract justifying its termination.
SECTION 29: INVOICING AND PAYMENT:
Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase Order issued
pursuant to this Request for Qualifications shall minimally meet the following conditions to be
considered as a valid payment request:
A. A timely submission of a properly certified invoice(s) in strict accordance with the price(s)
and delivery elements as stipulated in the Contract or Purchase Order document, and
submitted to:
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, Florida 33408
ATTN: Accounts Payable
B. All invoices submitted shall consist of an “original” invoice which clearly references the
subject Contract or Purchase Order Number; provide a sufficient salient description to identify
the good(s) and/or service(s) for which payment is requested; include and be clearly marked
as “partial,” “complete” or “final invoice.”
C. The invoice shall contain the Proposer’s Federal Employer Identification Number.
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D. All payments made by the Village pursuant to the Contract Documents shall be in accordance
with Florida’s Prompt Payment Act (for non-construction).
SECTION 30: ADDITIONAL SERVICES;
If during the contractual period covered by the agreement, additional services are needed, VENDOR
may, at the option of the VILLAGE, be engaged to perform these services under the terms of this
Contract.
SECTION 31: PUBLIC RECORDS.
IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO VENDOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE VILLAGE’S
CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355;
NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM
BEACH, FL 33408.
In performing services pursuant to this Contract, VENDOR shall comply with all relevant provisions of
Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, VENDOR shall:
1. Keep and maintain public records required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a
copy the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the VENDOR does not transfer the
records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in
possession of VENDOR or keep and maintain public records required by the VILLAGE to
perform the services. If VENDOR transfers all public records to the VILLAGE upon completion
of the Contract, VENDOR shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If VENDOR keeps and
maintains public records upon completion of the Contract, VENDOR shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that
is compatible with the information technology systems of the VILLAGE.
SECTION 32. PROHIBITION AGAINST CONTINGENT FEES.
VENDOR warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for VENDOR, to solicit or secure this Contract and that
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VENDOR has not paid, or agreed to pay, any person, company, corporation, individual or firm,
other than a bona fide employee working solely for VENDOR, any fee, commission, percentage, gift,
or other consideration contingent upon, or resulting from, aware or making of the Contract. For the
breach or violation of this provision, the VILLAGE shall have the right to terminate this Contract
and its sole discretion, without liability, and to deduct from the Contract price, or otherwise recover,
the full amount of such fee, commission, percentage, fit or consideration.
SECTION 33. E-VERIFY.
Pursuant to Section 448.095(5), Florida Statutes, VENDOR shall:
A. Register with and use the E-Verify system to verify the work authorization status of all newly
hired employees pursuant to Section 448.095(2), Florida Statutes, and require all
subcontractors do the same;
B. Secure an affidavit from all subcontractors stating that the subcontractor does not employ,
contract with, or subcontract with an “unauthorized alien” as defined in Section 448.095(1)(f),
Florida Statutes;
C. Maintain copies of all subcontractor affidavits for the duration of this Contract and provide
the same to the VILLAGE upon request;
D. Comply fully, and ensure all subcontractors comply fully, with Section 448.095, Florida
Statutes;
E. Be aware that a violation of Section 448.09(1), Florida Statutes (Unauthorized aliens;
employment prohibited), shall be grounds for termination of this Contract;
F. Be aware that a violation of Section 448.095(5) by a subcontractor, and not VENDOR, shall
be grounds for the VILLAGE to order VENDOR immediately terminate the contract with the
subcontractor; and
G. Be aware that if the VILLAGE terminates this Contract under Section 448.095(5)(c), Florida
Statues, VENDOR may not be awarded a contract for at least one year after the date on which
the Contract is terminated and will be liable for any additional costs incurred by the VILLAGE
as a result of the termination of the Contract.
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IN WITNESS WHEREOF, the VILLAGE and VENDOR hereto have made and executed this
Contract as of the day and year first above written.
VENDOR
By:
Print Name:
Position:
VILLAGE OF NORTH PALM BEACH
BY: ______________________________
SUSAN BICKEL, MAYOR
ATTEST:
BY:
JESSICA GREEN, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
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Keely Haverland
Business Development Manager
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