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Amendment No.4 To The Agreement With Superior Landscaping & Lawn Services, Inc DocuSign Envelope ID:BE4CB7B7-A289-46DA-904B-9773E1B45794 scanned + C Z F DocuSign Envelope ID:19598642-534A-41BE-9742-3274E19604B8 ' Z ('I ZAZZ `J 1 �p V 5 cu23 AMENDMENT NO.4 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SUPERIOR LANDSCAPING & LAWN SERVICES, INC FOR CONTRACT PURSUANT TO ITB 2020-042-AY FOR GROUNDS MAINTENANCE-RIGHT OF WAY, PARKING FACILITIES, LINCOLN ROAD, AND COASTAL AREAS 12/27/2022 I 2:18 EST This Amendment No.4 ("Amendment") to the Agreement, dated June 24, 2020, by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139("City"),and Superior Landscaping & Lawn Services, Inc, a Florida company, having its principal place of business at 2200 NW 23 Avenue, Miami, FL, 33142 ("Contractor"), is entered into this day of , 2022("Effective Date")and hereby amends the Agreement as follows: RECITALS WHEREAS,on June 24,2020,the Mayor and City Commission approved the award of Invitation to Bid ("ITB") No. 2020-042-AY for Grounds Maintenance-Right of Way, Parking Facilities, Lincoln Road and Coastal Areas; and WHEREAS, section 200, Sub-Section 16 "Binding Contract" of the ITB stipulates that the award of the ITB shall constitute a binding Contract between the City and the awarded bidder; and WHEREAS, the Contractor was awarded as primary for Group VIII, City Buildings and Maintenance facilities, secondary for groups I South Beach Road, V Coastal Areas, VII South RDA Row and IX Parking lots, and tertiary for group VI, Lincoln Road Mall, Middle Beach Row, Group III, Miami Beach Causeways, Group IV, North Beach Row, Group V, Group VI, Lincoln Road Mall,Group VII,Group IX,secondary for Group VIII,City Buildings and Maintenance Facilities; and tertiary for Group X, Lot Clearance;and WHEREAS, on April 8,.2021, the City executed Amendment No. 1 with Superior to 1) amend the contracts to require Superior to perform background checks on all of its employees at the Contractor's expense and 2) adjust the contract rates to account for living wage increased pursuant to Resolution No.2020-31399; WHEREAS, on September 18, 2021, the City executed Amendment No. 2 with Superior to incorporate the "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards,"the"Byrd Anti-Lobbying Amendment Certification,"the"Suspension and Debarment Certification," and other miscellaneous federal contract provisions and requirements of the City Code, and Florida Law;and WHEREAS, on February 14, 2022, the City executed Amendment No. 3 with Superior that revised Appendix E, "Cost Proposal Form" to add additional services at the Lake Neighborhood, North Beach ROW,and 17 Street to 22 Street ROW,and incorporate into the Agreement the Northeast Collins Avenue Corridor, the Holocaust Memorial, and Collins Park Garage; and DocuSign Envelope ID:BE4CB7B7-A289-46DA-904B-9773E1B45794 DocuSign Envelope ID:19598642-534A-41BE-9742-3274E19604B8 WHEREAS, since the last amendment to the Agreement, there have been modifications to existing sites for grounds maintenance service levels, and the City requested Superior Landscaping & Lawn Services, Inc. to provide quotes to modify the current service levels of three(3)existing sites:Beachwalk Street Ends(23 Street to North End 45 Street), Dunes North Beach(64 Street to 87 Street),and Nautilus Drive(42 Street SE Corner Michigan to Meridian);and WHEREAS, the City also needs to incorporate Hawthorne Avenue Parking Lot, between Plot 100 81 street and Hawthorne Avenue, as this site was not included in the original ITB;and WHEREAS,in order to continue the City's grounds maintenance for rights-of-way, parking facilities, and coastal areas,, it is necessary to amend the Agreement to adjust the level of services at Beachwalk Street Ends (23 Street to North End 45 Street), Dunes North Beach (64 Street to 87 Street), and Nautilus Drive (42 Street SE Corner Michigan to Meridian) and further, add Hawthorne Avenue Parking Lot (Plot 100 81 street, and Hawthorne Avenue). NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Contractor hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified (deleted items sttrusk-tthrel-Igh and inserted items underlined)as follows: (a) Appendix E"Cost Proposal Form" of the Agreement is hereby deleted in its entirety and replaced with Exhibit A: Revised Appendix E"Cost.Proposal Form Dated October 26, 2022". 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed by their appropriate officials as of the date first entered above. The remainder of this page is left blank intentionally. DocuSign Envelope ID:BE4CB7B7-A289-46DA-904B-9773E1B45794 DocuSign Envelope ID:19598642-534A-41BE-9742-3274E19604B8 Revised Appendix E Cost Proposal Form • DocuSign Envelope ID:BE4CB7B7-A289-46DA-904B-9773E1 B45794 DocuSign Envelope ID:19598642-534A-41BE-9742-3274E19604B8 f FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: p—DocuSigned by: By: ra.4ati artUn a lA atVer itNi ado, City Clerk I' T. Hudak, City anager 12/27/2022 I 2:18 EST Date FOR CONTRACTOR: SUPERIOR LANDSCAPING AND LAWN SERVICES INC 4: BiMlik 'ec P esi nit Valdes Orlando Otero Print Name Print Name 12/12/2022 Date APPROVED AS TO FORM&LANGUAGE &&FOR EXECUTION 101- (c — 11(241D. �� Attorney Dae City Att y DocuSign Envelope ID:BE4CB7B7-A289-46DA-904B-9773E1B45794 DocuSign Envelope ID:19598642-534A-41BE-9742-3274E19604BB • MI AM I BEACH Contract/Document Routing`Form .Contract`No. .. Title , , 'n 2020-042-AY Grounds Maintenance for Right-Of-Way(ROW),Parking Facilities,Lincoln Road Mall,Lot Clearance,and Coastal Areas Contractor . - , ' ' "R""= uestin- 1:e4•'artrnent"° .. ° ' Superior Landscaping&Lawn Services,Inc. Public Works De•artment.Director Nanie Si:nature •- Joe Gomez "w•` 12/22/2 t 22 I 2:48 EST Eric Carpenter "'°*' ` `' Document T .e Select.One • - X Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation. Type 2—Other contracts,amendments,change orders,or task orders not resulting from a procurement-issued competitive solicitation. Type 3—Independent.Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4 Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement Type 5—Grant agreements with the City as the grantor Other: .Brief Surhina'&:P7irpdse:attach•memo'ifrad'dith) al s`•acelis:i ecess•r ,- "" -, The purpose of this Agreement is for the Contractor to perform landscape services at various City of Miami Beach streetscapes, municipal facilities, and coastal areas. Since the start of the Agreement, there have been modifications to existing sites and the need to add new sites for grounds maintenance services. On October 26, 2022, the Mayor and City Commission approved Amendment No. 4 to the Agreement with Superior Landscaping & Lawn Services, Inc. to modify the level of service of three (3) existing sites and the additional one(1)new site in an estimated annual amount of$45,152.87.Commission approval further authorized the City Manager to execute Amendment No.4 to incorporate the modifications(See attached). • Pursuant to the approval of the City Commission, this item seeks the. City Manager's signature on the attached Amendment No.4. !O i:ina'I'Term °` '' r IRenewai•Period '" '` Total erm Or!zlhal+Renewat Three years Two(2)one(1)year option Five years V•. ' . - °., , -Fi.indin,I formatlont' ' ''°..: . ,.e ,/, Grant Funded: Yes X No State Federal Other: Cost&'Fundhi.e ource Annual Cost .Account . Re• ire nhancemsent' 2-5 $45,152.87 011-0940-000325-29-406-545-00-00 and 480-0463-000312 Yes X No 2-5 $45,152.87 011-0940-000325-29-406-545-00-00 and 480-0463-000312 Yes X No 2-5 $45,452.87 011-0940-000325-29-406-545-00-00 and 480-0463-000312 Yes X No 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed. 3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of { the annual adopted operating budget. -: , :`4i•4'',,'S Autlhori' tO(Si: 3 . : a V.. H,.,'A.k City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: C2 F 10/26/22 If no,explain why CC approval is not required: Legal Form Approved: X 1 Yes No If no,explain below why form approval is not necessary: -.-r:e$ v :„y A,fei 'Fin:` c ;;'ek u'4Cd.. ance,A:,'.rovalsi ee,attac 'eii '' . -;h,";v Ik.m '%,,r k • s`:w Procurement:Alex Denis °'12/21/2022 I 10: 5r N/A Budget: `�°" Information Technology: N/A , 2/22/,2022 12:3 Ls n If Tameka Otto Stewart Cla Kb e Shoat m. Risk Management: aA Fleet&Facilities: N/A Human Resources: N/A Other: rLos 'D Reviewed by Theresa Buigas