STATE OF SOUTH CAROLINA INTERGOVERNMENTAL SERVICES AGREEMENT - HILTON HEAD ISLAND AIRPORT LANDSCAPING COUNTY OF BEAUFORT

Transcription

1 STATE OF SOUTH CAROLINA COUNTY OF BEAUFORT ) ) ) INTERGOVERNMENTAL SERVICES AGREEMENT - HILTON HEAD ISLAND AIRPORT LANDSCAPING This Intergovernmental Agreement in entered into by and between Beaufort County (hereinafter "County") and the Town of Hilton Head Island (hereinafter "Town") this 8th day of February, 2013, for the purposes of providing landscaping services at the Hilton Head Island Airport. WHEREAS, the County is obligated to maintain the landscaping at the Hilton Head Island Airport Commercial Terminal, the General Aviation Terminal/Parking Lot, and the Airport Hangar Complex (hereafter "Airport Terminals"); and WHERAS, the Town through its subcontractors maintains a number of other landscaping aspects in the Airport area and therefore is able to obtain a more favorable rate for such landscaping services and the Town currently has the management infrastructure in place to oversee such facilities maintenance; and WHEREAS, the Town and County desire to enter into this Agreement to memorialize an arrangement whereby the Town will subcontract for and manage the landscaping obligations of the County with respect to the Airport Terminals in exchange for the County's agreement to pay the Town an equal amount of the cost attributable to the subcontracted work for the Airport Terminals. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Town and County do hereby agree as follows: 1. Town's Obligations: The Town shall be obligated to contract with the Town's subcontractor for the provision of landscaping services at the Airport Terminals and oversee the work of the subcontractor to assure quality compliance and to administer payments under the Town's subcontract. 2. Description of Landscape Services: The landscaped services to be provided shall be in accordance with those applicable to the Airport Terminals as set forth in this document and as contracted for by the Town with its subcontractor for maintenance of the landscaping at the Hilton Head Island Airport Commercial Terminal, the General Aviation Terminal/Parking Lot, and the Airport Hangar Complex for the period of January 1, 2013 until December 31, 2016, and for such additional period oftime as may be agreed to by the subcontractor and the Town so long as such additional period does not extend beyond County's Obligations: The County shall be obligated to, upon the effective date of this Agreement or within thirty days thereof, make quarterly payments to the Town in the amount of $4, which shall represent the costs incurred by the Town for providing the landscaping services to the Airport Terminals through its subcontractor.

2 4. Notices: All notices, certificates or other communications required hereunder shall be sufficiently given and shall be deemed received when delivered in person, or mailed by certified mail, return receipt requested postage prepaid, and addressed as follows, or to such other addresses as may be designated in writing, by the Parties: To the County: To the Town: Beaufort County, South Carolina Attn: County Administrator P.O. Drawer 1228 Beaufort, SC Town ofhilton Head Island, South Carolina Attn: Town Manager One Town Center Court Hilton Head Island, SC General Provisions: a. In the event that any agreement contained herein should be breached by either party and thereafter waived by either party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. b. In the event that either party hereto shall default under any of the provisions hereof, and the non-defaulting party shall employ attorneys, or incur other expenses in the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party hereto contain, the defaulting party agrees that it shall pay, on demand, the fees of such attorneys and such other expenses so incurred by the non-defaulting party in the enforcement of its rights hereunder. c. Except as otherwise provided herein, this Agreement may not be amended, changed, modified or altered without the prior written consent ofboth Parties hereto. d. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. e. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. f. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina. g. The captions or headings herein are for convenience only and in no way define, limit or describe the scope or intent of any provision or sections of this Agreement. h. The Parties hereto intend only to provide for the provision of the services described in Paragraph 1 above as provided herein and affirmatively state that no master-servant, principal-

3 agent, employer-employee relationship is created by this Agreement. No employee, volunteer, contractor, agent, or subagent, shall be considered an employee or agent of the other party for any purpose whatsoever, and none shall have any status, right or benefit of employment with the other. i. The Parties hereto affirmatively represent that this Agreement is made solely ofr the benefit of the County and the Town and is not for the benefit of any third party who is not a signature party hereto. No party other than the signature parties hereto shall have any enforceable rights hereunder, or have any right to the enforcement hereof, or any claim for damages as a result of any alleged breach hereof. In Witness whereof, the Parties have set their hands and seals to this Intergovernmental Services Agreement for the Hilton Head Island Airport Landscaping. WITNESSES: BEAUFORT COUNTY, SOUTH CAROLINA WITNESSES: TOWN OF HILTON HEAD ISLAND, SOUTH CAROLINA

4 . AIRPORT AREA Landscape Maintenance and Litter Control IFB ~ - - " ' ' - ~ "" T -,.,,,_,..,...._,,._ -...,,--- " ' : We have reviewed 1he specifications/scope of work for this contr~ct and can comply with all requirements therein. If selected by the Town of Hilton Head Island, we shall provide the required services from January 1, 2013 until December 31, 2016 for the sum of$ l «4 1 qoo annually. 'The contract may be renewed for an additional two-year period if both parties. agree to the terms and conditions set forth by the qriginal contract. We shall dedicate~man-hours per week during the growing season (March 1 51 through November 301h) and 4Q_man-hours during the remainder of the year (December 1st through February 28~ to meet the required specifications. We shall use_ the following equipment to perform the required services of this contract: (SEE REQUIRED MINIMUM LEVEL OF RESOURCES IN THE AT ACHED. SCOPE OF WORK/SPECIFICATION)... I 48'"' ~b-u:j~ "2.. ~~ P14C1L B-i.owUS 1 1 l ('"sk bft:u.t.e.r r Tfle foitowi'ng companies may be contacted for references: {Lisfcbmpany, contact mime ari~ telephone nu~ber) Reference 1:,-;w,J.l+tJ-i ~ 4-" ~ALt...$ SJfg- ~4'2.- 4-t'e7 Reference 2: ltjt>l&.o 'R..u..N. Sk~iov~ $~'1~ ~43... r)(o- >c:aoo Reference 3: fa-c..~~> IJ.M 1}A-~klotl ~F~ l':>i.stlclf> 843- l9f'---: 3~(, This bid is in effect for 60 days following bid opening COMPANY: tj{j:nj W oot>s l-1\nhsc..af>,""" Owner/Manager: \2-;u'-~ ~J)~_,.;;-ff- Address: {,I ~;-&"' e..e~~..ery I2Jt ~~:t: l sc, -zqtt2l. Business License# z.._f.&,_..3_o

5 TeleQ..honE1_; <C.:f3 -~'l.- tgo_., Signature: b~-v.1!jj) ;it " Date: n.-to- \'1- Witness: Attach Certificate of Insurance and Town of Hilton Head Island Business License to Bid Form

6 STATE OF SOUTH CAROLINA COUNTY OF BEAUFORT ) ) ) AGREEMENT (o~'~o\~ -e~-a F~6~vttRY THIS AGREEMENT is made this If day of~ 2013 between Ocean Woods Landscaping (hereinafter called "Contractor") and the Town of Hilton Head Island (hereinafter called "Town"), a municipal corporation organized and existing under the laws of the State of South Carolina. WHEREAS, the Town has a requirement to provide landscape maintenance and litter control for roads and properties in the Airport Area; WHEREAS, the Town and the Contractor desire to enter into an Agreement wherein the Contractor shall provide such services as set forth herein below. NOW, THEREFORE, for and in consideration of the mutual promises, undertakings and covenants set forth herein, the receipt and sufficiency of which is acknowledged and affirmed by the Town and the Contractor, the parties hereto agree as follows: 1. The Contractor shall perform services as described in "Exhibit A". 2. The total cost ofthis contract shall not exceed Eighteen Thousand Nine Hundred Dollars ($18,900.00) per year. 3. The term of this Agreement shall be from date of execution to December 31, 2016 at which time, the Town has the right to exercise an extension for one year, in the Town's sole discretion. 4. The contractor is required to maintain appropriate levels of insurance for both workers compensation coverage and for auto liability. The Contractor is required to maintain Two Million dollars of general liability insurance. The contractor must provide the Town with a Certificate of Workers Compensation and general liability coverage that names the Town as an additional insured. The contractor is required to immediately contact the Town should any change to these policies occur during the course of the performance of this contract. Failure to maintain these policies is grounds for termination. 5. The Town Manager may terminate this contract in whole or in part at any time for the convenience of the Town. If the contract is terminated for the convenience, the Town will pay the contractor for costs incurred to that date of termination. 6. Should any part of this Agreement be rendered void, invalid, or unenforceable by any court of law, such a determination shall not render void, invalid, or unenforceable any other part of this Agreement.

7 card by providing proof of name, social security number and date and place of birth; or 3. possess a valid driver's license or identification card from another state deemed by the Executive Director Department of Motor Vehicles to have requirements at least as strict as those in South Carolina. Contractor may choose either option 12.1 (a) or option 12.1 (b) but acknowledges that Contractor cannot use both Contractor agrees to provide to the Town all documentation requested by it to establish either: (a) the applicability of the South Carolina Illegal Immigration Reform Act to Contractor; or (b) compliance with the South Carolina Illegal Immigration Reform Act by Contractor Contractor agrees to include in any contracts with its sub-contractors language requiring its sub-contractors to: (a) comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws; and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws Contractor acknowledges and agrees that it shall comply with requirements of the Immigration Reform and Control Act of 1986 including the nondiscrimination provisions thereof, and shall complete all required I-9 documentation for all workers employed by it Contractor certifies it shall comply with all state, federal, and local laws, rules, regulations and orders applicable to it in performance of work under the contract. IN WITNESS WHEREOF, the parties hereto have affixed their signatures hereto the date first written hereinabove.

8 SCOPE OF SERVICES Airport Area 1. GENERAL REQUIREMENTS The Contractor shall provide timely and professional services in accordance with the requirements and provisions specified herein. The Contractor shall work closely with the Town of Hilton Head Facilities Management Division to assure quality landscape maintenance and litter control. The Contractor shall employ workers who are competent and properly trained to perform the required work. Employees of the Contractor shall not be considered employees of the Town of Hilton Head Island. The Contractor shall be responsible for supervising the work to assure quality assurance and compliance with all requirements specified herein. The Contractor shall provide by the first of each month a schedule of all regularly scheduled maintenance activities, as well as additional services stated herein, such as spraying for insect/disease control, mulching, major pruning, application of seed and fertilizer and any other required tasks planned for that month. The Contractor shall request and receive the Town's approval for any changes to the maintenance schedule submitted at the beginning of each month prior to making said changes. 2. LITTER CONTROL Litter shall be defined as paper, cardboard, landscape debris, shopping carts, cigarette butts and any other miscellaneous item as determined by the Town. The Contractor shall be responsible for removing all litter and debris prior to mowing and performing any other landscape services. Litter shall be removed from medians, both road shoulders up to the tree or fence line, bridges, pathways, road surfaces, parking lots and open spaces. Shopping carts shall be returned to the appropriate stores. Litter in any area shall not be picked up from the window of a vehicle in which the worker is riding. No vehicle shall be driven in medians or on pathways.

9 D. All turf areas adjacent to sign posts, plant beds, and other barriers shall be trimmed in a manner and with frequency to maintain a neat appearance. E. All turf areas adjacent to plant beds and along the edge of the road pavement (or curb) shall be edged monthly to maintain the existing plant bed perimeters and eliminate overgrowth onto yellow and white traffic lines. 5. COMMERCIAL TERMINAL AND GENERAL AVIATION TERMINAUHANGAR A. All turf areas shall be mowed weekly during the growing season (March 1st through November 30 1 h) and every three weeks in the remainder of the year. All sidewalks, decks, and parking lots shall be blown off weekly. Edging of sidewalks and parking lots shall be done as needed to maintain a neat appearance. B. Pruning of all trees and shrubs, including the removal of dead palmetto fronds shall be performed as needed to maintain a neat and uniform appearance. Appropriate major pruning of all trees and shrubs shall be performed between February 15th and March 15th, and between November 15 1 h and December 15th. Major pruning shall include the removal of all seasonal dead wood and the trimming and shaping of live wood as needed to maintain a neat appearance. On newly planted trees and shrubs, remove only dead or broken limbs for the first growing season. Removal of more than 30% of the leaf surface of any tree is prohibited. C. Spraying for insect and disease control shall be performed at least three times each year to the appropriate plants. The first application shall be performed during the cool weather season using a dormant oil. The second and third applications shall be done during the growing season. Applications shall include insecticides, fungicides and any other pesticides needed to achieve insect and disease control. D. Weed control in the plant beds shall be performed by manual, mechanical or chemical means. Weed control shall be performed as needed to maintain a neat and weed free appearance at all times. E. Mulching or pine strawing (as determined by the Town) of all plant beds shall be performed twice each year using clean fresh mulch or

10 A. Adverse weather conditions may delay the schedule of work to be performed, but shall not eliminate the performance requirement for any work specified herein. B. All noticed maintenance needs not covered in these specifications (such as drainage, potholes, etc.) shall be reported to the Facilities Management Divi~ion immediately. C. At a minimum, the Contractor shall dedicate 80 man-hours per week during the growing season (March 1st through November 30 1 h) and 40 an-hours during the remainder of the year (December 1st through February 28th) to perform the specifications herein. D. At a minimum, the Contractor shall have available at all times the following equipment to perform the specifications herein: (1) 48" or greater mowers (2) back pack blowers (1) push blower (2) string trimmers (2) edgers (2) back pack sprayers The Contractor shall also have available all ancillary tools and equipment needed to perform the specifications herein (shovels, rakes, pruners etc.) 8. PLANT REPLACEMENT AND ADDITIONAL SERVICES The Contractor may be requested to install additional (or replace damaged) plant materials, or perform additional services. When the scope of additional services warrants, a written proposal shall be submitted for review and written acceptance by the Town. Additional services shall only be performed on a "time and materials" basis when conditions so warrant. 9. INSURANCE REQUIREMENTS The Contractor shall provide a certificate of insurance and maintain at all times the following minimum insurance coverage and amounts per incident: Worker's Compensation Insurance: Aggregate General Liability Insurance: Comprehensive Vehicle Liability Insurance: Statutory Amount $2,000,000 $2,000,000

11 I I,._, ~~~~~~--~--- ~ --- Brian Hulbert, Staff Attorney

12 [ ~ I I CONTRACT APPROVAL CHECKLIST TOWN OF H/L TON HEAD ISLAND Name of Contractor: OceanWoods Landscaping Type or Description of Contract: Landscape Maintenance and Litter Control for Airport area [2J Yes D No 0 Yes [2J No [2J Yes D No 0 Yes f2j No 1:81 Yes D No 1:81 Yes D No 0 Yes f2j No DYes ~No [8J Yes 0 No [8J Yes D No General Fund p-;1/ c;;{yes D No 1. Does the contractor have a current Town Business License? If not, attach a written statement explaining this exemption. # Is the Contractor or subcontractor a Council, Commission, or Committee member or a Town employee? If so, attach copy of written statement including date that public disclosure was made. 3. Is "termination at convenience of Town" clause included? 5. Have any earnest monies been paid? If so, attach name of Trustee or Escrow Agent and amount paid. 6. Is this a competitive bid? If so, attach Bids and indicate low bidder chosen. If low bidder not chosen, attach justification findings by Manager why competitive sealed bidding was not used (sole source or emergency procurement). 7. Is insurance required? If so attach copy of proof of Insurance for liability and vehicle comp/collision. B. Is contract over $100,000? If so, attach Performance Bond Payment Bond including respective amounts set for each. 9. Is a Bid Bond required? If so, attach copy. 10. Is "laws of South Carolina shall govern" clause included? 11. Does the contractor have a valid workers compensation policy. Attach a copy of the policy for review. 12. Source of Funding. (Reimbursed by Beaufort County pending Agreement) 13. Is the contract likely to be less costly to the Town than any other type or is it impracticable to obtain the supplies, services, or construction required except under such a contract. (TO BE CHECKED AND INITIALED BY THE TOWN MANAGER) Approved by: