2010-42 Tennis Court Maintenance ServicesRESOLUTION 2010-42
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL
SUBMITTED BY SPLASH & SWING, LLC 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.
WHEREAS, the Village advertised a Request for Proposals ("RFP") for Tennis Court
Maintenance Services; and
WHEREAS, the Village received three proposals and members of Village Administration
evaluated each proposal 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, Village Administration recommended accepting the proposal submitted by Splash
& Swing, LLC and the Village Council determines that acceptance of this proposal is in the best
interests of the residents and citizens 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 hereby accepts the proposal submitted by Splash & Swing, LLC
at an annual cost of $36,000.00, 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 Splash & Swing, LLC, 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 12th DAY OF AUGUST, 2010.
(Village Seal)
MAY R
ATTEST:
VILLAGE CLERK
CONTRACT FOR TENNIS COURT MAINTENANCE
VILLAGE OF NORTIi PALM BEACH
This Contract is made as of the ail/ day of ~~=~c=~t~010, 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
SPLASH & SWING, LLC, a Florida limited liability company, hereinafter referred to as the
CONTRACTOR, whose Federal I.D. is 27-0305803.
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, services and equipment necessary for tennis court
maintenance as required under the VII.LAGE'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 similaz 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 Contras shall be for an initial term of three (3) years from October 1, 2010 throug'u September 30, 2013,
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 VII.LAGE for direct, indirect, consequential, impact or
other costs, expenses or damages.
SECTION 3: VILLAGE'S REPRESENTATIVE. Unless otherwise specified by, the VILLAGE, the
VII,LAGE's representative shall be the Director of Pazks 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.
SECTION 4: COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTR.ACTOR's
proposal attached hereto and incorporated by reference herein. The total and cumulative amount of this
Contract shall not exceed Thirty-Six Thousand Dollars ($36,000.00) annually. CONTRACTOR shall
submit invoices to the VII.LAGE on a monthly basis for review and approval by the VILLAGE'S
representative, indicating that the services have been provided and rendered in conformity with this
Contract. Invoices will then be forwarded to the Finance Department for payment and will normally be
paid within thirty (30) days following approval by the VILLAGE'S representative.
t'age 1
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
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.
Page 2
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.
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.
Page 3
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 AUDTTS. 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 parry 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.
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.
Page 4
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:
Village of North Palm Beach
Attn: Jimmy Knight, Village Manager
vIl n~r ~r ..~~, v.,~... Rnnnh
• l agg V^ 1 Vl l.ll 1 Llllll LVQVII
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the CONTRACTOR shall be mailed to:
Splash & Swing, LLC
Attn: Christopher Vazquez, Owner and Operator
10130 Northlake Boulevard, Suite 214-286
West Palm Beach, FL 33412
The foregoing names and addresses may be changed if such change is provided in writing to the other
p~Y•
Page 5
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 Conrtract 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 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.
[Remainder of Page Intentionally Blank]
Page 6
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: P y
WILLIAM L. MAN L, YOR
ATTEST:
BY: _
MELI A TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
Page 7
VILLAGE RFP AND CONTRACTOR'S PROPOSAL
TO BE ATTACHED AS EXHIBITS
Page 8
S lash and Swin ,LLC
p g
Christopher Vazquez, Owner and Operator
Profile
Splash and Swing, LLC has been operating for over one year in
Palm Beach County. We are a licensed and insured business
providing tennis court maintenance and swimming pool service
and repairs. Christopher Vazquez, owner, has over ten years
experience in the industry.
1.Splash and Swing, LLC is licensed and qualified to
provide all services requested under this RFP and as
stated to complete this project.
2.Splash and Swing, LLC will comply with all applicable
laws, rules, regulations, and ordinances of the Village,
Palm Beach County, State of Florida, and the United
States if selected by Village of North Palm Beach Council.
3.Splash and Swing, LLC is able and will provide all license,
permit, and insurance requirements if selected by Villageof
North Palm Beach Council.
4.No conflict of interest exists with the Village of North Palm
Beach and Splash and Swing, LLC.
10130 Northlake Boulevard
Ste. 214-286
West Palm Beach, FI. 33412
(561)309-0333
splashandswing@ymail.com
Splash and Swing, LLC
Christopher Vazquez, Owner and Operator
Splash and Swing, LLC will provide the following equipment:
1. Golf Cart
2. Court Brush
3. Court Rake
4. Blower
5. Court Liners
6. Court Lutes
7. Algae Scraper
8. Net Measure
9. Any additional tools required for daily and weekly
maintenance (power tools, nails, zipties,
tamp, etc.)
10130 Northlake Boulevard
Ste. 214-286
West Palm Beach, FI. 33412
(561)309-0333
splashandswi ng@ymail. com
Splash and Swin , LLC
g
Christopher Vazquez, Owner and Operator
References:
Dee Shaw, Tennis Operations Manager
Ibis Golf and Country Club
(561)339-3078
Glenn Booth, Southeast Sales and Construction Supervisor
Welch Tennis
(561)441-7609
Emanuel Vanderpol, Tennis Director
Eastpointe Country Club
(561)758-3698
Alisa Mosley, Tennis Director
Oaces Tennis, Palm Beach Polo Club
(561)798-3595
Sue Johnson, Fitness Director
Ritz Carlton Golf Club and Spa, Jupiter
(561)691-8700
10130 Northlake Boulevard
Ste. 214-286
West Palm Beach, FI. 33412
(561)309-0333
splasha ndswi ng@ymai Isom
Proposal:
Prepared for: Village of North Palm Beach, Attention: Village
Manager
Prepared by: Christopher Vazquez, Owner and Operator
July 21, 2010
Tennis Court Maintenance (Daily)
Proposal number: 001
10130 Northlake Blvd. Ste. 214-286 West Palm Beach, Florida
33412 (561)309-0333 splashandswing@ymail.com
Splash and Swing, LLC
Executive Summary
Splash and Swing, LLC is pleased to offer the following proposal
to provide daily maintenance of ten(10) fast dry clay courts at
Village of North Palm Beach Tennis Center in North Palm Beach,
Florida according to the following terms and specifications.
Objective
Splash and Swing, LLC will provide daily maintenance of ten(10)
courts at North Palm Beach Tennis Center.
Section One: Court Maintenance
A. Opening of Courts by 8:00 am:
1. Brush court surfaces
2. Rake around water fountains and trash bins
3. Brush, check, and repair all lines
4. Lute corners and perimeter
5. Brush under net
6. Brush courts again before 10 am on match days
10130 Northlake Boulevard
Ste. 214-286
West Palm Beach, FI. 33412
(561)309-0333
splashandswing@ymail.co
B. Afternoon Maintenance:
1. Brush court surfaces
2. Brush, check, and repair all lines
3. Check and repair any windscreens
4. Inspect and repair any surfaces, divots, etc.
5. Brush corners and net areas
6. Water courts to have playable according to Tennis Center
schedule
7. Adjust and repair any sprinkler heads
C. Daily Maintenance:
1. Remove weeds.
2. At the end of every day, all walks, drives, road surfaces, and
open areas will be free of loose material, trash and debris.
3. Splash and Swing will report to tennis staff every visit with any
maintenance
performed, and any problems. (Equipment, Furniture, etc.)
D. Weekly Maintenance: (Performed every Monday, unless
otherwise needed by North Palm Beach Tennis Staff)
1. Remove dead material
2. Repair any damages (Surface, divots, sprinklers, windscreens,
net, etc. )
3. Inspection of lines and repair as needed
4. Add material (provided by Village of North Palm Beach) to
maintain desired rock levels
5. Roll courts to maintain proper play conditions, and keep a safe
environment.
6. Water courts, any problems will be reported to Tennis Center
Staff
7. Perimeter curbing in all areas
8. Scarify all area
10130 Northlake Boulevard
Ste. 214-286
West Palm Beach, FI. 33412
(561)309-0333
splashandswingR~vmail.co
Section Two: Facility Opening
A. Morning:
1. Wipe and disinfect all water fountains and furniture
2. Refill cup dispenser
3. Check net heights, and clean nets
4. Collect all trash on grounds and empty all trash receptacles
5. Use blower to remove clay from all surrounding areas
6. Report to Staff each visit and report any problems
B. Afternoon:
1. Refill cup dispenser
2. Shine water fountains and ice machine
3. Collect/clean/empty all trash bins
4. Complete court maintenance to have courts playable according
to Tennis Center schedule
C. Weekly:
1. Perform court inspection with Tennis Center Staff
2. Clean top of nets
3. Check nets
4. Clean exterior/interior of all trash bins
5. Wash and clean benches
6. Empty and recycle tennis ball receptacles to Tennis Staff
Specifications
Village of North Palm Beach Tennis Center will be providing all
materials and equipment needed to maintain tennis courts and
surrounding facilities.
Splash and Swing, LLC agrees to furnish all supervision and labor
as necessary to properly maintain the facility and complete work
specified herein.
Christopher Vazquez, Owner and
Operator, has over ten years experience in tennis court
maintenance, and will provide all supervision.
Splash and Swing, LLC always operates in a manner of
professionalism, and will not disrupt, inconvenience, or endanger
any tennis participant or spectator.
Splash and Swinq, LLC is responsible for restoration of any
damages that occur as a result of our operations including, but
not limited to: damage to court surfaces, court irrigation, facility
equipment and furnishings, equipment operation, and pavement
damage.
All Splash and Swinq, LLC personnel will be in uniform every day
including a company shirt with logo. All staff will maintain good
appearance and will always maintain a professional code of
conduct.
Splash and Swinq, LLC will provide additional equipment if
needed to maintain the tennis court maintenance. (See attached
list)
Village of North Palm Beach will provide a site for storage of
Splash and Swing, LLC equipment and materials.
Cost
Splash and Swinq, LLC shall provide daily maintenance and
grooming as specified.
Cost: $3,000. ($36,000 per year). This price includes tax and
labor.
A. $3000 per month,(30 days in a month,$100 per day)
B. Any additional service calls not included in specifications will
be charged $50 per hour.
10130 Northlake Boulevard
Ste. 214-286
West Palm Beach, FI. 33412
(561)309-0333
splasha ndswi ng@ymail.co
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 Tennis Court Maintenance at the Village Manager's
Office, Village Hall, 501 U.S. Highway One, North Palm Beach, Florida 33408, until:
3:00 P.M. July 28, 2010
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: Tennis Court Maintenance
VENDOR'S NAME:
VENDOR'S ADDRESS:
OPENING DATE:
AND TIME: July 28, 2010 at 3:00 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.villa~e-npb.or~.
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 Tennis Court Maintenance (as more fully described herein) until July 28,
2010 at 3:00 P.M. 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 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 9 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 Wiley
Livingston, Public Works Director by fax to 561-626-5869 or by e-mail to
wlivin~stonnvilla~e-n~~.org at least 7 days 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.
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 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 Chapterll9, 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:
acknowledges, agrees and certifies as follows:
Each proposer submitting a proposal
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 REQUIREMENTS: 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 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
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 IZF'P. 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 IZF'P.
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 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
BLANKI
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.
The work outlined herein shall include, but not be limited to, the maintenance tasks and opening
procedures listed below.
Contractor agrees to furnish all supervision, labor and equipment as necessary to properly
maintain the facility and complete 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 based on industry standards as recommended by
Lee Tennis, Welch Tennis and or Fast Dry Tennis.
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, court irrigation system,
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 specified herein, unless explicitly excluded, shall be part of the total amount of the
proposal.
SECTION ONE: COURT MAINTENANCE
Full maintenance responsibilities are required each day that the club is open. Court Maintenance
will be conducted in a manner conducive to the Club's programming schedule. Flexibility of
maintenance staff is required due to weather conditions and/or matches extending beyond the
scheduled times. Schedule will be determined by the Village of NPB Parks and Recreation
Director or his designee.
DAILY:
Morning:
Prepare courts for 8 a.m. play (if there are delays due to weather or court conditions stay to
prepare courts as soon as possible).
• Brush court surface with soft bristled broom or steel bristled broom or use steel rake as
court conditions mandate. Alternate direction of brushing on a daily basis.
• Lute/rake around water fountains and trash receptacles.
• Brush lines pushing clay through at the net.
• Check and repair any dangerous/high lines.
• Lute corners and perimeter.
• Lute under net.
• Brush lines again for 10:00 a.m. match play (maximum of 6 courts).
Afternoons:
Maintenance begins at 1:15 p.m. at the latest. Courts 1-4 will be made available at this time;
other courts will be available as match play is completed.
• Brush court surface with soft bristled broom or steel bristled broom or use steel rake as
court conditions mandate. Alternate direction of brushing on a daily basis.
• Check and repair any dangerous/high lines.
• Check and retie windscreens as needed
• Inspect and repair any surface damage, divots, etc.
• Lute corners and perimeter.
• Lute under net.
• Brush lines pushing clay through at the net.
• Water courts to have courts 1 & 2 playable by 3:30 p.m., courts 3 & 4 by 4:00 p.m., and
the remaining courts to follow. The amount of water will be such that the moisture level
in the court profile will remain adequate until the next maintenance period.
• Adjustment of sprinklers will be the responsibility of contractor.
Miscellaneous Daily:
• Remove all court weeds.
• Report court conditions to tennis staff each visit.
• Report any problems (faulty equipment, broken furniture, etc.).
WEEKLY:
Each Monday a bay of two courts will be closed immediately following the morning rush
(9:30 a.m. or 11 a.m.). A thorough court inspection will be completed by Village personnel
with Maintenance Supervisory staff. The following items will be completed based on the
results of the inspection:
• Remove dead material.
• Inspect and repair any surface damage.
• Repair divots (lute & redress).
• Repair low areas.
• Thoroughly inspect all lines. Repair/replace nails as needed, making all lines safe for
play.
• Heavily scarify with lute entire perimeter, area near and around water fountains, and area
below on court benches to remove algae, hard panning, weeds, etc.
• Add hydro blend as needed to maintain 1 inch of green rock.
• Roll courts following the recommendation of the aforementioned industry standards to
attain proper compaction and to keep nails and lines safe.
• Water court. Irrigation will be observed and problems/issues reported to Public Works
• Perimeter curbing:
1. Inspect obstructions along court perimeter that may affect surface drainage.
2. Remove build-up of surface material from top of curbing.
3. Inspect and report necessary curbing repairs.
Following this schedule each court will be assessed and refurbished every 5 weeks.
SECTION TWO: FACILITY OPENING
DAILY:
Morning:
Prepare facility for an 8 a.m. opening; if there are delays due to weather or court conditions
open as soon as possible.
• Wipe down all water fountains (6).
• Disinfect mouthpiece of water fountains (6) and wipe out water catchment area.
Disinfectant provided by the Village.
• Refill cup dispenser for ice machine.
• Check and adjust net heights.
• Wipe moisture from the tops of the nets.
• Wipe down benches.
• Empty all facility trash receptacles (7). Place trash in the garbage cans located on tennis
property.
• Look for, collect, and dispose of any debris/garbage on tennis property.
• Use leaf blower to remove clay from court aprons, sidewalks, building patios (2), and
covered pavilion area by ice machine.
• Check with tennis staff each visit.
• Report any problems (faulty equipment, broken furniture, etc.).
Afternoons:
Maintenance begins at 1:15 p.m. at the latest. Courts 1-4 will be made available at this time;
other courts will be available as match play is completed
• Refill cup dispenser for ice machine.
• Sheila Shine all water fountains (6).
• Sheila Shine ice machine (1).
• Wipe down on court trash receptacles.
• Look for, collect, and dispose of any debris/garbage on tennis property.
• Check for any overflowing trash receptacles.
• Complete tasks to have courts 1 & 2 playable by 3:30 p.m., courts 3 & 4 by 4:00 p.m.,
and the remaining courts to follow.
Miscellaneous Daily:
• Check with tennis staff each visit
• Report any problems (faulty equipment, broken furniture, etc.)
WEEKLY:
Each Monday a bay of two courts will be closed immediately following the morning rush
(9:30 a.m. or 11 a.m.). A thorough court inspection will be completed by Village personnel
with Maintenance Supervisory staff. The following items will be completed based on the
results of the inspection.
• Clean top of net to remove mold/mildew.
• Check net and set center strap to achieve correct net height.
• Clean exterior and interior of on court trash receptacle.
• Wash and clean benches.
• Empty and recycle tennis ball receptacles to Tennis Staff
Following this schedule each court will be assessed and refurbished every 5 weeks.
Additional Items:
• Empty and wash the filters for the sneaker washers (2).
• Replacement and maintenance of irrigation equipment is the responsibility of the Village.
• Village will purchase and store clay for maintenance of the courts.
RFP EXHIBIT `B"
PUBLIC ENTITY CRIMES STATEMENT
UNDER ~ 287.133, FLORIDA STATUTES
This sworn statement is submitted to the Village of North Palm Beach, Florida
by
for
(print individual's name and title)
(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: )
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.
I understand that an "affiliate" as defimed 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 true in
relation to the entity submitting this sworn 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 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 convicted vendor list. (attach a copy of
the final order)
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
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
Proposal must be received PRIOR TO 3:00 P.M. on July 28, 2010, 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:
RFP EXHIBIT "D"
PROPOSAL FORM
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:
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 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 adrug-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:
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 , 2010, 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 LD. 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 the 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.
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 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.
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.
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:
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 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.
[Remainder of Page Intentionally Blank]
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 L. MANUEL, MAYOR
ATTEST:
BY:
MELISSA TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
VILLAGE RFP AND CONTRACTOR'S PROPOSAL
TO BE ATTACHED AS EXHIBITS