The URL can be used to link to this page

Home My WebLink AboutR26-142 RESOLUTION NO. R26-142 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO THE AGREEMENT 3 BETWEEN THE CITY OF BOYNTON BEACH AND BLUE MARLIN 4 INVESTMENTS, INC. DBA CAYCO LANDSCAPING FOR LANDSCAPE 5 MAINTENANCE SERVICES FOR PARKS, FUTURE PARKS & SCRUBS, 6 INCREASING THE BASE AWARD AMOUNT BY $68,000.00 FROM 7 $180,000.00 TO $248,000.00, FOR A REVISED TOTAL ESTIMATED ANNUAL 8 AMOUNT NOT TO EXCEED $304,000.00;AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, on December 15, 2020, the City and Blue Marlin Investments, Inc. dba Cayco 1 Landscaping (the "Vendor") entered into Contract No. 031-2730-20/RW (the "Agreement") for 12 Landscape Maintenance Services for Parks, Future Parks/Scrub, approved by Resolution No. R20- 13 143; and 14 WHEREAS, on November 19, 2025, the Parties executed Amendment No. 1 to the 15 Agreement, renewing the term of the Agreement to continue from January 1, 2026, through 16 December 31, 2026, and increasing the maximum amount to be paid by the City from $175,000.00 17 to $180,000.00, with additional services increased from $5,000.00 to $20,000.00 on an as-needed 18 basis, for a total estimated annual amount of $200,000.00; and 19 WHEREAS, during Fiscal Year 2026,the City's Beautification &Streets Division also utilized 20 Bid No. 031-2730-20/RW as its sourcing vehicle for tree trimming services, drawing against the 21 same $200,000.00 annual capacity established under Amendment No. 1, thereby reducing the 22 amount available to the Parks Department for its own landscape maintenance services under the 23 Agreement by $68,000.00; and 24 WHEREAS,the Parties desire to amend the Agreement to increase the base award amount 25 by $68,000.00, from $180,000.00 to $248,000.00, in order to restore the Parks Department's full 26 intended allocation for landscape maintenance services and to formally account for the $68,000.00 27 of capacity already utilized by Beautification & Streets, while keeping the $20,000.00 as-needed 28 additional services allowance unchanged, resulting in a revised total estimated annual amount of 29 $304,000.00; and 30 WHEREAS, this Second Amendment is limited to Contract No. 031-2730-20/RW, and Bid 31 No. 032-2730-20/RW (Landscape Maintenance Services for Facility Sites) is unaffected and 32 remains at its Commission-approved $200,000.00 annual estimate; and RESOLUTION NO. R26-142 33 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 34 best interests of the City's citizens and residents to approve Amendment No. 2 to the Agreement 35 with the Vendor for landscape maintenance services for a revised total estimated annual amount 36 not to exceed $304,000.00. 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 38 BEACH, FLORIDA, THAT: 39 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 40 being true and correct and are hereby made a specific part of this Resolution upon adoption. 41 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 42 approve Amendment No. 2 to the Agreement between the City and the Vendor for Landscape 43 Maintenance Services for Parks, Future Parks & Scrubs, increasing the base award amount by 44 $68,000.00 from $180,000.00 to $248,000.00, while keeping the $20,000.00 as-needed additional 45 services allowance unchanged, for a revised total estimated annual amount not to exceed 46 $304,000.00 ("Second Amendment"), in form and substance similar to that attached as Exhibit A. 47 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 48 authorizes the Mayor to execute Amendment No. 2. The Mayor is further authorized to execute 49 any ancillary documents required under the Agreement or necessary to accomplish the purposes 50 of this Resolution that do not modify the scope of services or increase the total not-to-exceed 51 amount. 52 SECTION 4. The City Clerk shall retain the fully executed Amendment No. 2 as a public 53 record of the City. A copy of the fully executed Second Amendment shall be provided to Andrew 54 Rozwadowski to forward to the Vendor. 55 SECTION 5. This Resolution shall take effect in accordance with the law. 56 57 [SIGNATURES ON THE FOLLOWING PAGE] RESOLUTION NO. R26-142 58 PASSED AND ADOPTED this 5 day of &_C,c_9 ( S c 2026. 59 CITY OF BOYNTON BEACH, FLORIDA 60 YES NO 61 62 Mayor— Rebecca Shelton 63 64 Vice Mayor—Thomas Turkin Ck- 0 65 66 Commissioner—Angela Cruz 67 68 Commissioner— Mack McCray 69 70 Commissioner—Aimee Kelley 71 72 'd 73 ATTEST: 74 75 c"..3._ 76 Tammy Stanzi a Rebecca Shelton 77 City Clerk Mayor 78 79 APPROVED AS TO FORM: 80 (Corporate Seal r pyNTON``‘t 81 cS�•ikPOR �1� •v0 Ar �•;911 • Aid.- lire 82 ;�: SEAL ;i'�, • 83 �' Shawna G. Lamb 84 � ;INCORPORATED '•, 1920 • ; City Attorney FLOR0r , r4t AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF BOYNTON � P BEACH AND BLUE MARLIN INVESTMENTS, INC. DBA CAYCO LANDSCAPING ti,.on, 04FOR LANDSCAPE MAINTENANCE SERVICES FOR PARKS, FUTURE PARKS & SCRUBS This second Amendment ("Second Amendment") is entered into by and between the City of Boynton Beach, a Florida municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435 ("City"), and Blue Marlin Investments, Inc. dba Cayco Landscaping (FEI/EIN 30-0962212) with a principal address at 8127 96th Ct S., Boynton Beach, FL 33472, a corporation registered to transact business in the State of Florida ("Vendor") (collectively referred to as the "Parties"). RECITALS A. On December 15, 2020, the Parties entered into Contract No. 031-2730-20/RW (the "Agreement") for Landscape Maintenance Services for Parks, Future Parks/Scrub, approved by Resolution No. R20-143. B. On November 19, 2025,the Parties executed Amendment No. 1 to the Agreement ("Amendment No. 1"), renewing the term of the Agreement to continue from January 1, 2026 through December 31, 2026, and increasing the maximum amount to be paid by City from $175,000.00 to $180,000.00, with additional services increased from $5,000.00 to $20,000.00 on an as-needed basis, for a total estimated annual amount of$200,000.00. C. During Fiscal Year 2026, the City's Beautification & Streets Division also utilized Bid No. 031-2730-20/RW as its sourcing vehicle for tree trimming services, drawing against the same $200,000.00 annual capacity established under Amendment No. 1. As a result, the amount available to the Parks Department for its own landscape maintenance services under the Agreement was reduced by $68,000.00. D. The Parties desire to amend the Agreement to increase the base award amount by $68,000.00, from $180,000.00 to $284,000.00, in order to restore the Parks Department's full intended allocation for landscape maintenance services and to formally account for the $68,000.00 of capacity already utilized by Beautification &Streets, while keeping the $20,000.00 as-needed additional services allowance unchanged, resulting in a revised total estimated annual amount of $284,000.00. This Second Amendment is limited to Contract No. 031-2730-20/RW; Bid No. 032-2730-20/RW (Landscape Maintenance Services for Facility Sites) is unaffected and remains at its Commission-approved $200,000.00 annual estimate. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Vendor agree as follows: Second Amendment to Contract No. 031-2730-20/RW Page 1 of 3 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Second Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Agreement is hereby amended as follows: Award Amount Threshold Increase. The maximum amount to be paid by City pursuant to this Agreement is hereby increased from $180,000.00 to $284,000.00. The additional services allowance of $20,000.00 on an as-needed basis, established under Amendment No. 1, remains unchanged. The revised total estimated annual amount payable under the Agreement, inclusive of the additional services allowance, is $304,000.00. 4. In the event of any conflict or ambiguity between this Second Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Second Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not included in the Agreement as amended in this Second Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 5. Vendor acknowledges that through the date this Second Amendment is executed by Vendor, Vendor has no claims or disputes against City concerning any of the matters covered by the Agreement. 6. The effective date of this Second Amendment shall be the date of complete execution by the Parties. 7. This Second Amendment may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) Second Amendment to Contract No. 031-2730-20/RW Page 2 of 3 IN WITNESS OF THE FOREGOING, the parties have set their hands and sealed the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA BLUE MARLIN INVESTMENTS, INC. DBA CAYCO LANDSCAPING Rebecca Shelton, Mayor (Signature) Blue Marlin Investments, Inc. Alejandro Rotundo Print Name of Authorized Official Chief Operating Officer Approved as to Form: Title Shawna G. Lamb, City Attorney (Corporate Seal) Attest/Authenticated: Attested/Authenticated: (Signature), Witness C2 zi?cam. Tammy Stanzior('e, City Clerk) Print Name _,• zx ��P R o . SEA •.7�,, s L : i �: INCORPORATED: t' r. .1 :.. 920 %%%„ FCORIDP__ Second Amendment to Contract No. 031-2730-20/RW Page 3 of 3