R24-160 RESOLUTION NO. R24-160
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AWARDING RE-BID NO. UTL24-045 FOR LANDSCAPE
5 MAINTENANCE SERVICES FOR UTILITY SITES TO BRIGHTVIEW LANDSCAPE
6 SERVICES, INC., AND APPROVING AN AGREEMENT BETWEEN THE CITY
7 AND BRIGHTVIEW LANDSCAPE SERVICES, INC.; PROVIDING AN EFFECTIVE
8 DATE; AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS, on February 12, 2024, the Procurement Division issued an Invitation to Bid for
11 landscaping maintenance services for several utility sites. One (1) submission was received
12 through bids & tenders, which resulted in staff deciding to reject the solo bid and to advertise
13 again to re-bid the solicitation; and
14 WHEREAS, on May 1, 2024, the Procurement Division issued Re-Bid No. UTL24-045 for
15 Landscape Maintenance Services for Utility Sites; and
16 WHEREAS, the City received three (3) bids. Two (2) of the three (3) vendors, Landscape
17 Management Holding, LLC, and Batallan Enterprises, Inc., were deemed non-responsive due to
18 not providing Procurement-required documentation; and
19 WHEREAS, during the final review, City staff has determined that it would be in the best
20 interest of the City to award the contract to Brightview Landscape Services, Inc., which was the
21 lowest, most responsive, and responsible bidder; and
22 WHEREAS, the initial Agreement period is for a term of two (2)years, the City reserves the
23 right to automatically renew the Agreement for three (3) one-year renewals subject to Vendor
24 acceptance, satisfactory performance as determined by the City, and determination by the City
25 that renewal will be in the best interest of the City; and
26 WHEREAS, upon recommendation of staff, the City Commission has deemed it to be in
27 the best interests of the citizens and residents of the City to award Re-Bid No. UTL24-045 for
28 Landscape Maintenance Services for Utility Sites to Brightview Landscape Services, Inc., and
29 approve an Agreement between the City and Brightview Landscape Services, Inc.
30
31
32
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
34 BEACH, FLORIDA, THAT:
35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
36 being true and correct and are hereby made a specific part of this Resolution upon adoption.
37 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
38 award Re-Bid No. UTL24-045 for Landscape Maintenance Services for Utility Sites to Brightview
39 Landscape Services, Inc.
40 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
41 approve an Agreement between Brightview Landscape Services, Inc. and the City for Re-Bid No.
42 UTL24-045 for Landscape Maintenance Services for Utility Sites (the "Agreement"), in form and
43 substance similar to that attached as "Exhibit A."
44 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
45 authorizes the Mayor to execute the Agreement and other related documents as may be necessary
46 to accomplish the purpose of this Resolution.
47 SECTION 5. One fully-executed original of the Agreement shall be retained by the City
48 Clerk as a public record of the City. A copy of the fully-executed Agreement shall be provided to
49 Howard Kerr and Michael Dauta to forward to the Vendor.
50 SECTION 6. This Resolution shall take effect in accordance with law.
51
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54 [signatures on following page]
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60 PASSED AND ADOPTED this 16th day of July 2024.
61 CITY OF BOYNTON BEACH, FLORIDA
62 YES NO
63 Mayor—Ty Penserga 14
64
65 Vice Mayor—Aimee Kelley
66
67 Commissioner—Angela Cruz
68 •/
69 Commissioner—Woodrow L. Hay
70 ✓
71 Commissioner—Thomas Turkin
72
73 VOTE _0
74 AT ES
75
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77 Maylee 1)ês
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80 c' �i AP'ROVED AS TO FORM:
81 (Corporate Seal) 3; SEAL � = i
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84 I`%.,�LORO' Shawna G. Lamb
85 City Attorney
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
BRIGHTVIEW LANDSCAPE SERVICES, INC.
THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Brightview Landscape Services,
Inc. a corporation authorized to do business in the State of Florida, with a business address of 980 Jolly
Road Suite 300, Blue Bell, PA 19422, hereinafter referred to as the "VENDOR," each a "Party" and
collectively the"Parties." In consideration of the mutual benefits, terms, and conditions hereinafter specified
the Parties agree as set forth below.
1. PROJECT DESIGNATION. The VENDOR is retained by the CITY to provide the services, work, and
all labor, parts, and materials related as described in Re-Bid No. UTL24-045 Landscape Maintenance
Services for Utility Sites.
2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the Landscape
Maintenance Services for Utility Sites. The terms and conditions of Re-Bid No. UTL24-045 and
VENDOR's bid are expressly incorporated into this Agreement by reference. Any conflict or discrepancy
between the terms of this Agreement, Re-Bid No. UTL24-045, and VENDOR's bid, shall be resolved
pursuant to the following order of precedence (1) this Agreement, (2) Re-Bid No. UTL24-045; and 3.
VENDOR's bid.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all
work product required pursuant to this Agreement.
4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on July
16, 2024, and shall remain in effect through July 15, 2026, unless otherwise terminated in accordance
with this Agreement("Initial Term"). The CITY reserves the right to automatically renew the agreement
for three(3) one-year renewals subject to vendor acceptance, satisfactory performance as determined
by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY
("Renewal"). Such Renewals are only effective and valid if in writing and executed by the City's Finance
Director or designee. Both the Initial Term and all Renewals shall be collectively referred to as the
"Term."
The City reserves the right to extend automatically for a period not to exceed an additional ninety (90)
calendar days by filing a written notice signed by the vendor to the City's Purchasing Department in
order to provide the City with continuing service.At no time shall this extended transitional period extend
more than the ninety(90)calendar days beyond the expiration date of the existing Contract/Agreement.
The Vendor will be reimbursed for the services at the rate in effect when this transitional period clause
was invoked.
Price increase will be subject to the City's approval at one (1) year renewals. Any requested price
adjustment shall be fully documented and submitted to the City for consideration at lease sixty (60)
calendar days prior to the respective term anniversary date. Price adjustment/increase for any one-
year term will be subject to City's representative and Finance Director or designee's approval. The price
increase percentage change shall not exceed the previous 1-year's percentage change of the
Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor's
Bureau of Labor Statistics, or a maximum of five percent.
Re-Bid No.UTL24-045 Landscape Maintenance Services for Utility Sites—Service Agreement A-1
5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in
accordance with the Schedule of Prices attached as to this Agreement as Exhibit A, in accordance with
the following:
A. Payment for the work provided by VENDOR shall be made promptly on all invoices submitted to
the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the total
contract price without express written modification of the Agreement signed by the City Manager
or designee as approved by the City Commission as required.
B. The VENDOR may submit invoices to the CITY once per month during the progress of the work for
partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment
will be made to the VENDOR in the amount approved.
C. Final payment of any balance due the VENDOR of the total contract price earned will be made
promptly upon CITY's ascertainment, verification, and acceptance that the Work is completed in
accordance with this Agreement.
D. Payment as provided in this section by the CITY shall be full compensation for Work performed,
including services rendered and all materials, supplies, equipment and incidentals necessary to
complete the Work.
E. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the CITY and State for a period of five (5) years after the
termination of the Agreement. Copies shall be made available upon request.
F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part
VII, Chapter 218, Florida Statutes.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials produced by the VENDOR in connection with the services rendered under this Agreement
shall be the property of the CITY whether the project for which they are made is executed or not. The
VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection with VENDOR's endeavors.
7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the Work contemplated by this Agreement,
faithfully observe and comply with all federal, State of Florida and City of Boynton Beach, ordinances
and regulations that are applicable to the Work rendered under this Agreement.
8. INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs
of defense through the conclusion of any appeals, which the CITY or its officers, employees, agents
or instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to and resulting from the performance of
this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The
VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including
appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue
thereon. VENDOR's aggregate liability pursuant to this indemnification provision shall not exceed
one and one-half (1 1/2) times the contract price or One Million Dollars ($1,000,000) per
occurrence, whichever is greater. Neither party to this Agreement shall be liable to any third party
claiming directly or through the other respective party, for any special, incidental, indirect, or
consequential damages of any kind, including but not limited to lost profits or use that may result
from this Agreement or out of the services or goods furnished hereunder.
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
Re-Bid No.UTL24-045 Landscape Maintenance Services for Utility Sites—Service Agreement A-2
C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities
under the common law or§768.28, Fla. Stat., as may be amended from time to time.
9. INSURANCE.
A. During the performance of the Work under this Agreement, VENDOR shall maintain the following
insurance policies, and provide originals or certified copies of all policies to CITY's Risk
Management. All polices shall be written by an insurance company authorized to do business in
Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below,
prior to commencing any Work pursuant to this Agreement:
i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the
life of this Agreement,Worker's Compensation Insurance covering all employees with limits
meeting all applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws. This coverage must
extend to any subcontractor that does not have their own Worker's Compensation and
Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of
the City of Boynton Beach, executed by the insurance company.
ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life
of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on
an "Occurrence" basis. Coverage shall include Premises and Operations; Independent
consultants, Products-Completed Operations and Contractual Liability with specific
reference to Article 12, "Indemnification" of this Agreement. This policy shall provide
coverage for death, personal injury, or property damage that could arise directly or
indirectly from the performance of this Agreement. VENDOR shall maintain a minimum
coverage of$1,000,000 per occurrence and $1,000,000 aggregate for personal injury/and
$1,000.000 per occurrence/aggregate for property damage. The general liability insurance
shall include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty(30) days prior written notice to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of
this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of$1,000,000 combined single limit for bodily injury and property damage
liability to protect the VENDOR from claims for damage for bodily and personal injury,
including death, as well as from claims for property damage, which may arise from the
ownership, use of maintenance of owned and non-owned automobile, included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must follow the Risk Management Insurance Advisory Form of the General
Liability, Auto Liability and Employer's Liability. This coverage shall be maintained for a
period of no less than the later of three (3) years after the delivery of goods/services or
final payment pursuant to the Agreement.
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will be
considered a default of the Agreement.
C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current
valid insurance policy meeting the requirements herein identified shall be maintained during the
duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended,
Re-Bid No.UTL24-045 Landscape Maintenance Services for Utility Sites—Service Agreement A-3
voided or cancelled by either party, reduced in coverage in limits except after thirty (30) calendar
days prior written notice by either certified mail, return receipt requested, has been given to the
CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Risk Management. The CITY reserves the right to review,
modify, reject, or accept any required policies of insurance, including limits, coverage, or
endorsements throughout the Term of the Agreement.
10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an
independent contractor with respect to the Work provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits
accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not
be responsible for withholding or otherwise deducting federal income tax or Social Security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to VENDOR, or any employee of VENDOR.
11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the VENDOR, to
solicit or secure this Agreement, and that VENDOR has not paid or agreed to pay any company or
person, other than a bona fide employee working solely for the VENDOR any fee, commission,
percentage, brokerage fee, gifts,or any other consideration contingent upon or resulting from the award
or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to
annul this Agreement without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift, or contingent fee.
12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this
agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age,
gender, disability, marital status, political affiliation, pregnancy, gender identity and expression, sex or
the presence of any physical or sensory handicap in the selection and retention of employees,
procurement of materials or supplies, or in the performance of any Work pursuant to this Agreement.
13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the Work covered by this Agreement
without the express written consent of the CITY.
14. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided
for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
A. Termination for Convenience. This Agreement may be terminated by the CITY for
convenience, upon fourteen (14) business days of written notice by the CITY to the VENDOR
in which event the VENDOR shall be paid its compensation for services performed through the
termination date, including services reasonably related to termination. In the event that the
VENDOR abandons this Agreement or causes it to be terminated,the VENDOR shall indemnify
the CITY against loss pertaining to this termination.
B. Termination for Cause. This Agreement may be terminated for cause by the aggrieved party
if the party in breach has not corrected the breach within thirty(30) calendar days after receipt
of written notice from the aggrieved party identifying the breach. This Agreement may be
terminated for cause by CITY for reasons including, but not limited to, VENDOR's failure to
suitably or continuously perform the services in a manner calculated to meet or accomplish the
objectives in this Agreement, or repeated submission (whether negligent or intentional) for
payment of false or incorrect bills or invoices.
C. In the event of the death of a member, partner, or officer of the VENDOR, or any of its
supervisory personnel assigned to the project, the surviving members of the VENDOR hereby
Re-Bid No.UTL24-045 Landscape Maintenance Services for Utility Sites—Service Agreement A-4
agree to complete the work under the terms of this Agreement, if requested to do so by the
CITY. This section shall not be a bar to renegotiations of this Agreement between surviving
members of the VENDOR and the CITY, if the CITY so chooses.
D. Notice of termination shall be provided in accordance with the "Notices" section of this
Agreement.
E. In addition to any termination rights stated in this Agreement, CITY shall be entitled to seek
any and all available contractual or other remedies available at law or in equity including
recovery of costs incurred by CITY due to VENDOR's failure to comply with any term(s)of this
Agreement.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent
jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under
Florida Law.
17. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and if sent to CITY shall be mailed to:
Daniel Dugger, City Manager
City of Boynton Beach
100 East Ocean Ave.,
Boynton Beach, FL 33435
Telephone No. (561) 742-6000
Notices to VENDOR shall be sent to the following address:
Brightview Landscape Service, Inc.
ATTN: Dana Hoffmann
Address: 11600 S Military Trail Bldg. J4
Boynton Beach, FL 33436
Phone: (954) 205-7651
Email: dana.hoffmann@brightview.com
18. PUBLIC RECORDS. The Vendor shall comply with Florida's Public Records Law. Specifically, the
VENDOR shall:
A. Keep and maintain public records required by the CITY to perform the Work;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public record
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and, following completion of the contract, VENDOR shall destroy all copies of such
confidential and exempt records remaining in its possession once the VENDOR transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all
public records in VENDOR's possession All records stored electronically by VENDOR must be
provided to the CITY, upon request from the CITY's custodian of public records, in a format that is
compatible with the information technology systems of the CITY.
Re-Bid No.UTL24-045 Landscape Maintenance Services for Utility Sites—Service Agreement A-5
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK'S OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@bbfl.us
19. UNCONTROLLABLE FORCES.
A. Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or
failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of
reasonable diligence,the non-performing party could not avoid. The term "Uncontrollable Forces"shall
mean any event which results in the prevention or delay of performance by a party of its obligations
under this Agreement and which is beyond the reasonable control of the non-performing party. It
includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil
disturbance, sabotage, and governmental actions.
B. Neither party shall, however, be excused from performance if non-performance is due to forces which
are preventable, removable, or remediable, and which the non-performing party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-
performing party shall, within a reasonable time of being prevented or delayed from performance by an
uncontrollable force, give written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of this Agreement.
20. SCRUTINIZED COMPANIES. By execution of this Agreement, VENDOR certifies that VENDOR is not
participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and
not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has
VENDOR been engaged in business operations in Syria. Subject to limited exceptions provided in state
law, the CITY will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach of contract. The
CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false
certification. VENDOR shall have five (5) days from receipt of notice to refute the false certification
allegation. If such false certification is discovered during the active contract term, VENDOR shall have
ninety (90) days following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If VENDOR does not demonstrate that the CITY's
determination of false certification was made in error then the CITY shall have the right to terminate the
contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time
to time.
21. E-VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR
certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as
may be amended from time to time and briefly described herein below.
A. Definitions for this Section:
i. "Contractor" means a person or entity that has entered or is attempting to enter into a contract
with a public employer to provide labor, supplies, or services to such employer in exchange for
salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
Re-Bid No.UTL24-045 Landscape Maintenance Services for Utility Sites—Service Agreement A-6
ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
iii. "E-Verify system" means an Internet-based system operated by the United States Department
of Homeland Security that allows participating employers to electronically verify the
employment eligibility of newly hired employees.
B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective
January 1, 2021, Contractors, shall register with and use the E-Verify system in order to verify the
work authorization status of all newly hired employees. Contractor shall register for and utilize the
U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of:
i. All persons employed by a Contractor to perform employment duties within Florida during the
term of the contract;
ii. All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to
perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor
acknowledges and agrees that registration and use of the U.S. Department of Homeland
Security's E-Verify System during the term of the contract is a condition of the contract with the
CITY of Boynton Beach; and
iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment
Eligibility," as amended from time to time. This includes, but is not limited to registration and
utilization of the E-Verify System to verify the work authorization status of all newly hired
employees. Contractor shall also require all subcontractors to provide an affidavit attesting that
the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien.
The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure
to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the
statute, the subcontract must be terminated immediately. Any challenge to termination under
this provision must be filed in the Circuit Court no later than twenty(20) calendar days after the
date of termination. Termination of this Contract under this Section is not a breach of contract
and may not be considered as such. If this contract is terminated for a violation of the statute
by the Contractor, the Contractor may not be awarded a public contract for a period of one (1)
year after the date of termination.
23. MISCELLANEOUS.
A. No assignment by a party hereto of any rights under or interests in this Agreement will be binding
on another party hereto without the written consent of the party sought to be bound; and specifically
but without limitation, moneys that may become due and moneys that are due may not be assigned
without such consent (except to the extent that the effect of this restriction may be limited by law),
and unless specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility under this
Agreement.
B. CITY and VENDOR each binds itself, their partners, successors, assigns and legal representatives
to the other party hereto, their partners, successors, assigns and legal representatives in respect
of all covenants, agreements and obligations contained in this Agreement.
C. In the event that either party brings suit for enforcement of this Agreement, each party shall bear
its own attorney's fees and court costs, except as otherwise provided under the indemnification
provisions set forth herein above.
D. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted
by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well as all
suppliers and subcontractors whom worked on the project that is the subject of this Agreement.
Payment of the invoice and acceptance of such payment by VENDOR shall release CITY from all
claims of liability by VENDOR in connection with this Agreement.
E. At all times during the performance of this Agreement, VENDOR shall protect CITY's property from
Re-Bid No.UTL24-045 Landscape Maintenance Services for Utility Sites—Service Agreement A-7
all damage whatsoever on account of the work being carried on under this Agreement.
F. It shall be the VENDOR's responsibility to be aware of and comply with all statutes, ordinances,
rules, orders, regulations and requirements of all local, city, state, and federal agencies as
applicable.
G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement is intended by the parties hereto to be final expression of this Agreement, and it
constitutes the full and entire understanding between the parties with respect to the subject hereof,
notwithstanding any representations, statements, or agreements to the contrary heretofore made.
In the event of a conflict between this Agreement, the solicitation and the VENDOR's bid proposal,
this Agreement shall govern then the solicitation, and then the bid proposal. This Agreement may
be amended only by written instrument signed by both CITY and VENDOR.
H. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand
or electronically in multiple originals or counterparts, each of which shall be deemed to be an
original and together shall constitute one and the same agreement. Execution and delivery of this
Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed
documents to the other party through facsimile transmission, email, or other electronic delivery.
24. DEFAULT OF CONTRACT & REMEDIES.
A. Correction of Work. If, in the judgment of CITY, Work provided by VENDOR does not conform to
the requirements of this Agreement, or if the Work exhibits poor workmanship, CITY reserves the
right to require that VENDOR correct all deficiencies in the Work to bring the work into conformance
without additional cost to CITY, and/or replace any personnel who fail to perform in accordance
with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and
the quality of workmanship.
B. Default of Contract. The occurrence of any one or more of the following events shall constitute a
default and breach of this Agreement by VENDOR:
I. The abandonment of the project by VENDOR for a period of more than seven (7)
business days.
II. The abandonment, unnecessary delay, refusal of, or failure to comply with any of
the terms of this Agreement or neglect, or refusal to comply with the instructions
of the CITY's designee.
III. The failure by VENDOR to observe or perform any of the terms, covenants, or
conditions of this Agreement to be observed or performed by VENDOR, where
such failure shall continue for a period of seven (7)days after written notice thereof
by CITY to VENDOR; provided, however, that if the nature of VENDOR 's default
is such that more than seven (7) days are reasonably required for its cure, then
VENDOR shall not be deemed to be in default if VENDOR commences such cure
within said seven (7) day period and thereafter diligently prosecutes such cure to
completion.
IV. The assignment and/or transfer of this Agreement or execution or attachment
thereon by VENDOR or any other party in a manner not expressly permitted
hereunder.
V. The making by VENDOR of any general assignment or general arrangement for
the benefit of creditors, or the filing by or against VENDOR of a petition to have
VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement
under any law relating to bankruptcy(unless, in the case of a petition filed against
VENDOR, the same is dismissed within sixty (60) calendar days); or the
appointment of a trustee or a receiver to take possession of substantially all of
VENDOR's assets,or for VENDOR's interest in this Agreement,where possession
Re-Bid No.UTL24-045 Landscape Maintenance Services for Utility Sites—Service Agreement A-8
is not restored to VENDOR within thirty (30) calendar days; for attachment,
execution or other judicial seizure of substantially all of VENDOR 's assets, or for
VENDOR's interest in this Agreement,where such seizure is not discharged within
thirty(30) calendar days.
C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of
such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with
all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect or default is
not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a
default of the Agreement and notify VENDOR of such declaration of default and terminate the
Agreement.
i. Upon such declaration of default, all payments remaining due VENDOR at the time
of default, less all sums due CITY for damages suffered, or expenses incurred by
reason of default, shall be due and payable to VENDOR.
ii. CITY may complete the Agreement, or any part thereof, either by day labor, use
of a subcontractor, or by re-letting a contract for the same, and procure the
equipment and the facilities necessary for the completion of the Agreement, and
charge the cost of same to VENDOR together with the costs incident thereto to
such default.
iii. In the event CITY completes the Agreement at a lesser cost than would have been
payable to VENDOR under this Agreement, if the same had been fulfilled by
VENDOR, CITY shall retain such differences. Should such cost to CITY be
greater, VENDOR shall pay the amount of such excess to the CITY.
iv. Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time, whenever the service provided by VENDOR
fails to meet reasonable standards of the trade after CITY gives written notice to
the VENDOR of the deficiencies as set forth in the written notice within fourteen
(14) calendar days of the receipt by VENDOR of such notice from CITY.
25. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign
immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine
of sovereign immunity or under Section 768.28, Florida Statutes.
26. TRUTH-IN-NEGOTIATION CERTIFICATE.
A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided for in
this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than
those charged to the VENDOR's most favored customer for the same or substantially similar service.
B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine
that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or
due to inaccurate representations of fees paid to outside vendors. The CITY shall exercise its rights
under this "Certificate" within one (1) year following payment.
27. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Vendor or any
subcontractor will have access to an individual's personal identifying information under this Agreement.
Vendor represents and certifies: (i)Vendor is not owned by the government of a foreign country of concern;
(ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii)
Vendor is not organized under the laws of and does not have its principal place of business in, a foreign
country of concern. Prior to Vendor and any subcontractor having access to personal identifying information
pursuant to this Agreement, Vendor and any subcontractor shall submit to City executed affidavit(s) under
penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in
Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the
Re-Bid No.UTL24-045 Landscape Maintenance Services for Utility Sites—Service Agreement A-9
requirements of a proper invoice. Terms used in this section that are not otherwise defined in this
Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes.
28. PUBLIC ENTITY CRIME ACT. Vendor represents that it is familiar with the requirements and
prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its
entry into this Agreement will not violate that Act. Vendor further represents that there has been no
determination that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and
that it has not been formally charged with committing an act defined as a "public entity crime" regardless of
the amount of money involved or whether Vendor has been placed on the convicted vendor list.
SIGNATURE PAGE FOLLOWS
Re-Bid No.UTL24-045 Landscape Maintenance Services for Utility Sites—Service Agreement A-10
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day and year
set forth below their respective signatures.
CITY OF BOYNTON BEACH BRIGHTVIEW LANDSCAPE SERVICES, INC.
Z7a4A44.71i-c-Pitfrtece.,4
rl • Sur • 7 G.v crc (Signature), Brightview Landscape Services, Inc.
Darren McDonough
Date: -/(7/14:0).I Print Name of Authorized Official
Senior Vice President
Title
Date: 7/1/24
ir.ZE SEAL V' (Corporate Seal)
to
2016 if. !
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Attest/Authenticated:
Witness
Susan DeSantis , Assistant Secretary
Print Name
Approved as to Form:
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Re-Bid No.UTL24-045 Landscape Maintenance Services for Utility Sites—Service Agreement A-11
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the
City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as
"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance
companies providing insurance coverages must have a current rating by A.M.Best Co.of"B+"or higher. (NOTE: An
insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The
following is a list of types ofinsurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE:
This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or
lower the stated limits,based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med.Expense(any one person) $ 5,000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease,Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
INSURANCEADVISORYFORM Revised 04/2021
INSURANCE ADVISORY
UTL24-045 - Re-Bid Landscape Maintenance Services for Utility Sites - Overview of Specifications and Schedule of Prices
Landscape Management Holding- Batallan Enterprises Inc.-
The GreenShape Property Works BrightView Landscape Services,INC
Schedule/Specifications Submission 1 Submission 1 Submission 1
BID PROPOSAL-EWTP/WWTP BIWEEKLY SERVICES $1,110.00 $19,000.00 $22,834.85
BID PROPOSAL-EWTP/WWTP EVERY 6 MO.SERVICES $10,055.00 $45,730.00 $16,788.98
BID PROPOSAL-WELLS BIWEEKLY SERVICES $1,615.00 $54,790.00 $26,864.64
BID PROPOSAL-WELLS EVERY 6 MO.SERVICES $3,230.00 $21,030.00 $3,141.00
BID PROPOSAL-STORMWATER BIWEEKLY SERVICES $1,380.00 $19,950.00 $26,871.65
BID PROPOSAL-STORMWATER EVERY 6 MO.SERVICES $24,430.00 $31,930.00 $11,527.40
BID PROPOSAL-LIFT STATION BIWEEKLY SERVICES $1,860.00 $20,300.00 $100,200.05
BID PROPOSAL-LIFT STATION EVERY 6 MO.SERVICES $5,035.00 $28,487.19 $21,318.78
Subtotal: $48,715.00 $241,217.19 $229,547.35