Install/Establish Trees/Palms Downtown Waterfront Park
| Agency: | City of Fernandina Beach |
|---|---|
| State: | Florida |
| Type of Government: | State & Local |
| NAICS Category: |
|
| Posted Date: | Nov 21, 2025 |
| Due Date: | Dec 16, 2025 |
| Solicitation No: | ITB 26-04 |
| Original Source: | Please Login to View Page |
| Contact information: | Please Login to View Page |
| Bid Documents: | Please Login to View Page |
| Bid Number: |
ITB 26-04
|
| Bid Title: |
Install/Establish Trees/Palms Downtown Waterfront Park
|
| Category: | All Bids |
| Status: | Open |
|
Attachment Preview
AGREEMENT TO FURNISH SERVICES TO THE
CITY OF FERNANDINA BEACH, FLORIDA
This AGREEMENT made on the
day of
, 20____between the City of Fernandina Beach, a
municipal corporation whose address at 204 Ash Street, Fernandina Beach, Florida 32034 (“CITY”) and the vendor,
______________________________________whose address is ____________________________________________,
(“VENDOR”).
For the consideration hereinafter set forth, ________________________________________, hereinafter referred to as the
VENDOR, agrees to provide professional services to the City of Fernandina Beach, as follows:
1. SCOPE OF SERVICES - The parties hereto agree that under this Agreement, the vendor will provide professional
services of a specified nature as described in Exhibit “A” - Scope of Services, attached hereto and incorporated as if fully
set forth herein, when and if the CITY requests the VENDOR to provide such services.
2. TERM OF AGREEMENT - This Agreement will commence on___________________________, and be for a period of
__________________.
3. ENTIRE AGREEMENT - The terms, specifications and drawings included in this Agreement when duly executed
constitute the entire agreement between the parties, unless otherwise stated on the face of the order. Acceptance of this
Agreement will be unqualified, unconditional, and subject to and expressly limited by the Terms and Conditions hereon.
CITY and the VENDOR will not be bound by additional provisions or provisions at variance herewith that may appear in
the VENDOR's quotation, acknowledgment in force, or any other communication from VENDOR to CITY unless such
provision is expressly agreed to and confirmed in writing. No modification or waiver of terms of the agreement is binding
unless in writing, signed by the City Manager and confirmed by a representative of the VENDOR. This agreement will
be interpreted in accordance with the laws of the State of Florida.
4. DELIVERIES/INPECTIONS - In the event of failure to deliver material of the quality or within the time specified, CITY
may cancel the order and buy elsewhere. Failure of CITY to exercise this option with respect to any installment will not
be deemed a waiver with respect to future installments, if any. Materials will be received subject to CITY's right to
inspect and test all materials at destination before acceptance. VENDOR must pay transportation costs and the cost of
inspecting and testing of materials which are rejected by City.
5. CONTINGENCIES - Neither party will be liable for delays or defaults due to acts of God, government authority or public
enemy, war, fires, floods, epidemics, strikes, labor troubles, freight embargoes or contingencies reasonably beyond its
control The party so affected, upon prompt written notice to the other party, will be excused from making or taking
deliveries or goods and/or services hereunder to the extent of such prevention or restriction. At City's option, deliveries
so omitted will be made on notice thereof to the VENDOR, upon cessation of such contingency, even though such might
have been operative at the date of this order.
6. GOVERNMENT REGULATIONS - VENDOR warrants that all applicable laws and regulations of government authority,
covering the production, sale and delivery of the materials and performance of services specified herein, have been
complied with and will indemnify and save CITY harmless from and against any liability or loss resulting from VENDOR’s
failure to do so.
7. WARRANTIES - In addition to all warranties, established by statute or common law, or set forth elsewhere in this order,
VENDOR expressly warrants that all material or services conform to all specifications, drawings, samples, and
descriptions furnished or adopted by CITY and will be of best quality and fit and sufficient for the purpose for which
purchased. If specified hereon, merchantable, of good material and workmanship and free from all patent and latent
defects. CITY's failure to give notice to VENDOR of any breach or warranty does not discharge VENDOR of any breach
of warranty and will not discharge Vendor’s liability therefor. Without limiting the generality of any of the foregoing,
VENDOR agrees to be responsible for all defects in design, workmanship and materials which may become apparent
within twelve months of receipt by CITY.
8. INSTALLATION - If the scope of services requires the services of experts or employees on CITY's premises, such
experts or employees are not deemed to be the agents or employees of CITY. Such parties are subject to CITY's safety
rules and fire regulations. VENDOR assumes full responsibility for their acts and omissions and agrees to save CITY
harmless from any claims arising therefrom and to accept exclusive liability for payroll and other taxes imposed upon the
employer by law. VENDOR will undertake to keep the materials and premises involved free from any lien whatsoever for
materials and labor incident to the performance of personality for a lump sum amount. VENDOR agrees to furnish an
analysis thereof as CITY may reasonably require for accounting purposes. VENDOR will be solely responsible for
materials furnished by CITY on other than a charge basis in connection with this agreement.
9. NON-DISCLOSURE - Without prior written consent of the CITY in each instance, VENDOR may not reveal to a third
party the details, characteristics or any information on materials made to the special order of CITY or use reproductions
thereof in any promotional media or reveal that CITY is purchasing the materials ordered hereunder.
10. OCCUPATION SAFETY AND HEALTH ACT - VENDOR certifies that all material, equipment, etc. supplied under terms
of this Agreement meets all O.S.H.A. requirements. VENDOR further certifies that, if the material, equipment, etc.
delivered is subsequently found to be deficient in accordance with any O.S.H.A. requirement in effect on date of
delivery, all costs necessary to bring the material, equipment, etc. into compliance with the O.S.H.A. requirements will
be borne by the VENDOR.
11. PERMITS - VENDOR is responsible for obtaining any permits necessary to complete the work covered by this order, at
its own expense, prior to starting any work under this order.
12. INDEMNIFICATION -The parties recognize that VENDOR is an independent contractor. VENDOR agrees to assume
liability for and indemnify, hold harmless, and defend the CITY, its Commissioners, Mayor, officers, employees, agents,
and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any
and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including
claims for personal injury, property damage, equitable relief, or loss of use, arising directly or indirectly out of or in
connection with any negligent and/or deliberate act or omission of VENDOR, its officers, employees, subcontractors,
agents, and representatives. VENDOR's liability hereunder includes all attorney’s fees and costs incurred by the CITY
in the enforcement of this indemnification provision. This includes claims made by the employees of VENDOR against
the CITY and VENDOR hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The
obligations contained in this provision are not limited by the amount of any insurance required to be obtained or
maintained by VENDOR. In addition, VENDOR agrees to assume liability for and indemnify, hold harmless and defend
the CITY, its Mayor, Commissioners, officers, employees, attorneys, agents and representatives of, from, and against all
liability and expense, including reasonable attorneys' fees, in connection with any and all claims, including claims for
injunctive or equitable relief, and damages whatsoever for personal injuries or property damage, including loss of use,
arising out of VENDOR's violation or alleged violation of any third party's trade secrets, proprietary information,
trademark, copyright, or patent rights in connection with VENDOR's licensing of any software, hardware, uploads or
downloads delivered to the CITY pursuant to this Agreement and/or arising out of the negligent or deliberate act or
omission of VENDOR, its officers, employees, volunteers, representatives or agents. Nothing contained in the foregoing
indemnification will be construed to be a waiver of any immunity or limitation of liability the CITY may have under the
doctrine of sovereign immunity or Section 768.28, Florida Statutes.
13. INSURANCE – VENDOR must procure and maintain worker’s compensation insurance and commercial general liability
insurance satisfactory to the CITY, with liability limits of not less than One Million Dollars ($1,000,000) combined single
limit per occurrence for bodily injury and property damage liability, with a certificate of insurance to be furnished to the
CITY naming the CITY OF FERNANDINA BEACH as an additional insured. It is understood and agreed that the
coverage afforded by VENDOR's commercial general liability insurance also applies to CITY as an additional insured.
Such policy must provide that cancellation or changes to such insurance will not occur without at least thirty (30) days
prior written notice to the CITY. This requirement for proof of insurance may be modified only through approval of the
City Manager and City Attorney.
14. PAYMENT & TAXES – Invoices must be submitted to the CITY’s billing address. Payment due hereunder will be made
by the CITY to VENDOR in accordance with the Florida Local Government Prompt Payment Act. The CITY is exempt
from Federal Taxes on transportation charges and any Federal Excise Tax. If you prepay transportation charges, do not
pay tax as the CITY will not reimburse you for the taxes paid. The CITY also is exempt from State Sales Tax.
15. ASSIGNMENT - VENDOR may not assign this Agreement or any part thereof without written consent of the CITY. Such
consent will not relieve VENDOR from its obligations and liabilities hereunder.
16. TERMINATION - The CITY or the VENDOR may terminate, suspend, or delay this agreement for any reason by giving
at least thirty (30) days written notice to the other party of their intent to terminate, suspend, or delay. In the event the
agreement is terminated, suspended or delayed by the CITY for reasons unrelated to the quality of work provided by
the VENDOR, the CITY will pay the VENDOR in full for all work previously authorized and actually performed prior to
the Notice of Termination, Suspension or Delay. This payment will be the sole financial obligation or responsibility of
the CITY for compensation in the event of termination, suspension or delay in accordance with the provisions of this
paragraph. This Agreement will continue in effect until a Notice of Termination, Suspension or Delay is given by either
party as set forth above. Upon termination, suspension or delay, at the CITY’s request, the VENDOR must turn over to
the CITY all work products and deliverables completed or partially completed up to the date of termination, suspension
or delay, including but not limited to, subcontractor work products, reports, surveys, drawings, model results, and
specifications. The CITY will have full rights to use all such work products and deliverables for any project, and in any
manner, in the sole discretion of the CITY. The CITY accepts sole responsibility for the use of the above-referenced
work products and deliverables unless prior written approval is obtained from the VENDOR.
17. SEVERABILITY - If any section, subsection, sentence, clause, phrase, or portion of this contract is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed separate, distinct, and
independent provision, and such holding will not effect the validity of the remaining portion thereof.
18. PUBLIC RECORDS LAW REQUIREMENTS – Pursuant to Section 119.0701, Florida Statutes, a VENDOR performing
services for the CITY must: (a) keep and maintain all public records as that term is defined in Chapter 119, Florida
Statutes (“Public Records”), that ordinarily and necessarily would be required by the CITY in order to perform the work
contemplated by this Agreement; (b) provide the public with access to Public Records, on the same terms and
conditions that the CITY would provide the records and at a cost that does not exceed the costs provided in Chapter
119, Florida Statute, or as otherwise provided by law; (c) ensure that Public Records that are exempt and confidential
and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) meet all the
requirements for retaining Public Records and transfer, at no cost to the CITY, all public records in possession of Vendor
within thirty (30) days after termination of this Agreement. All Public Records stored electronically must be provided to
the City in a format that is compatible with the information technology of the CITY. If Vendor does not comply with a
public records request, the CITY may pursue any and all remedies available in law or equity, including but not limited to
specific performance. If the Vendor has questions regarding the application of Chapter 119,
Florida Statutes, to the Vendor’s duty to provide Public Records relating to this contract,
contact the Custodian of Public Records at 904-310-3115, cbest@fbfl.org, 204 Ash Street,
Fernandina Beach, FL.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and date first above written:
CITY OF FERNANDINA BEACH, FLORIDA,
a municipal corporation
VENDOR
_____________________________________
City Manager
Approved as to Form & Legality:
Tammi Bach, City Attorney
Attest:
_______________________________________
Caroline Best, City Clerk
By:
Title:
WITNESS:
Name:
Sign:__________________________________
This page summarizes the opportunity, including an overview and a preview of the attached documents.
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