R22-141 1 RESOLUTION NO. R22-141
2
3
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN
5 A PIGGY-BACK AGREEMENT UTILIZING THE CITY OF BOCA
6 RATON INVITATION TO BID (ITB)# 2022-007 WITH
7 PARTNERSHIP LANDSCAPING, LLC FOR LANDSCAPE
8 MAINTENANCE SERVICES AT THE CEMETERY AND MAUSOLEUM
9 FOR AN ESTIMATED ANNUAL COST OF $74,200.00 FOR THE
10 EXTENT OF THE CONTRACT; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13
14 WHEREAS, currently the cemetery and mausoleum landscape maintenance is being
15 performed by two city employees on a biweekly basis including mowing, edging, spraying
16 weeds, hedge trimming and maintenance of the headstones which is in addition to performing
17 funeral and mausoleum services at Boynton Beach Memorial and Sara Sims cemeteries; and
18 WHEREAS, Partnership Landscaping, LLC has been awarded the landscape maintenance
19 services at cemetery and mausoleum from the City of Boca Raton under a continuing services
20 contract and staff is seeking consent to piggyback this contract and establish an agreement with
21 Partnership Landscaping, LLC to provide landscape maintenance services at Boynton Beach
22 Memorial and Sara Sims Cemeteries at the level of service that is expected by users; and
23 WHEREAS, the newly proposed and adequately budgeted landscape maintenance
24 services will improve the city's cemeteries appearance and provide for correct agronomic
25 maintenance practices; and
26 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in
27 the best interests of the citizens and residents of the City of Boynton to approve and authorize
28 the City Manager to sign a piggy-back agreement utilizing the City of Boca Raton invitation to
29 bid (ITB)# 2022-007 with Partnership Landscaping, LLC for landscape maintenance services at
30 the cemetery and mausoleum for an estimated annual cost of $74,200.00 for the extent of the
31 contract.
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
33 BOYNTON BEACH, FLORIDA, THAT:
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34 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
35 being true and correct and are hereby made a specific part of this Resolution upon adoption
36 hereof.
37 Section 2. The City Commission hereby approves and authorizes the City Manager
38 to sign a piggy-back agreement utilizing the City of Boca Raton invitation to bid (ITB)# 2022-
39 007 with Partnership Landscaping, LLC for landscape maintenance services at the cemetery and
40 mausoleum for an estimated annual cost of$74,200.00 for the extent of the contract, a copy of
41 the Agreement is attached hereto as Exhibit "A.
42 Section 3. This Resolution shall become effective immediately upon passage.
43 PASSED AND ADOPTED this 18th day of October, 2022.
44 CITY OF BOYNTON BEACH, FLORIDA
45
46 YES NO
47
48 Mayor–Ty Penserga
49
50 Vice Mayor– Angela Cruz
51 V
52 Commissioner–Woodrow L. Hay
53
54 Commissioner– Thomas Turkin
55 /
56 Commissioner–Aimee Kelley
57
58 VOTE �w
59 A ' T:
61Itt .111
61
62 May -e le Jesus, MPA, MMC T 411-111171-
63
1 %rF'63 City Cle 0 Mayor
64 _ – %N
65 •......�••� I APP)ROVED AST 'FORM:
66 (Corporate Seal);� � �, �� •:/,c'
67 i . �'0a �.-n
68 Michael D. Cirullo, Jr.
69 ' ��•h'3s '•'. City Attorney
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AGREEMENT FOR PURCHASING
Cemetery and Mausoleum Landscape Maintenance
This Agreement is made as of this day of ,2022 by and Elite Landscaping
Services dba Partnership Landscaping. LLC with a principal address 591 Marginal Rd West Palm
Beach, FL 33411, hereinafter referred as "Contractor", and The City of Boynton Beach, a
municipal corporation organized and existing under the laws of Florida,with a business address of
100 East Ocean Avenue, Boynton Beach, FL 33435,hereinafter referred to as"City".
RECITALS
WHEREAS, in order to maintain city owned cemeteries to the public, the City's Public
Works is requesting the City enter into an Agreement with Elite Landscaping Services dba
Partnership Landscaping,LLC to provide landscape maintenance at Sara Sims and Boynton Beach
Memorial Cemeteries; and
WHEREAS,Elite Landscaping Services dba Partnership Landscaping,LLC has agreed to
allow the City to piggyback the City of Boca Raton Agreement pursuant to Contract No. RE-20-
08 to provide Landscape Maintenance for Cemetery and Mausoleum Services at Sara Sims and
Boynton Beach Memorial Cemeteries;in the estimated amount of$ $64,200.00 annually based on
Contract No. 2022-027 for a one(1)year term automatically renewed thereafter for four(4), one
(1) year renewal periods subject to the appropriation of funds, satisfactory performance and
determination that the contract renewal is in the best interest of the City.Agreement Commencing
10/01/22—9/30/23; and
NOW,THEREFORE,in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and Elite Landscaping Services dba Partnership Landscaping, LLC
agree that Elite Landscaping Services dba Partnership Landscaping, LLC shall provide landscape
maintenance at Sara Sims and Boynton Beach Memorial Cemeteries;in the amount of$64,200.00
annually based upon the City of Boca Raton Contract No. 2022-027 for a one (1) year term
commencing October 1, 2022, a copy of which is attached hereto as Exhibit "A", except as
hereinafter provided:
(00533394.1 306-9001821}
Piggyback Agreement—Elite Landscaping Services Partnership Landscaping LLC 1
A. All references to the City of Boca Raton Contract No. 2022-027 shall be deemed
as references to the City of Boynton Beach.
B. All Notices to the City shall be sent to:
City: City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/Facsimile: (561) 742-6090
Copy: Michael D. Cirullo,Jr.,City Attorney
Goren, Cherof,Doody&Ezrol,PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale,FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The following terms and conditions are hereby incorporated into the Agreement:
TAX EXEMPT.Prices applicable to City do not include applicable state and local sales,use and
related taxes.The City is exempt from state and local sales and use taxes and shall not be invoiced
for the same. Upon request City will provide Contractor with proof of tax-exempt status.
SOVEREIGN IMMUNITY. Nothing contained in Agreement nor contained herein shall be
considered nor construed to waive City's rights and immunities under the common law or Section
768.28,Florida Statutes, as may be amended.
BINDING AUTHORITY. Each person signing this Addendum on behalf of either Party
individually warrants that he or she has full legal power to execute the Addendum on behalf of the
Party for whom he or she is signing, and to bind and obligate such Party with respect to all
provisions contained in this Addendum.
ATTORNEY'S FEES.In the event that either Party brings suit for enforcement of the Agreement,
each Party shall bear its own attorney's fees and court costs.
PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are
exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the
City announces intent to award sooner,in accordance with Florida Statutes 119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply
with Florida's Public Records Law. Specifically,the Contractor shall:
A. Keep and maintain public records required by the City to perform the service;
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
100533394.1 306-9001821 l
Piggyback Agreement—Elite Landscaping Services Partnership Landscaping LLC 2
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, Contractor shall
destroy all copies of such confidential and exempt records remaining in its possession once
the Contractor transfers the records in its possession to the City; and
D. Upon completion of the contract,Contractor shall transfer to the City,at no cost to the City,
all public records in Contractor's possession All records stored electronically by
Contractor 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.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk a@bbfl.us
SCRUTINIZED COMPANIES - 287.135 AND 215.473. By execution of this Agreement,
Contractor certifies that Contractor is not participating in a boycott of Israel. The Contractor
further certifies that Contractor 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 Contractor 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 the Contractor of the City's determination concerning the false
certification. The Contractor 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,the
Contractor 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 the Contractor 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.
(00533394.1 306-9001821)
Piggyback Agreement—Elite Landscaping Services Partnership Landscaping LLC 3
E-VERIFY.Contractor 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.
1. Definitions for this Section:
A. "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 a salary, wages, or other
remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or
services to or for a contractor or another subcontractor in exchange for a
salary,wages,or other remuneration.
C. "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.
2. 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:
A. All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract; and
B. 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
C. 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
{OO533394.1 306-9C01 S21
Piggyback Agreement—Elite Landscaping Services Partnership Landscaping LLC 4
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.
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 in Palm Beach County, Florida. This Agreement shall be construed under
Florida Law.
EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both
parties. This Agreement may be signed by the parties in counterparts which together shall
constitute one and the same agreement among the parties.A facsimile signature shall constitute an
original signature for all purposes.
TERMINATION FOR CONVENIENCE. This Agreement may be terminated by the City for
convenience,upon fourteen(14)days of written notice by the terminating party to the other party
for such termination in which event the Contractor shall be paid its compensation for services
performed to the termination date, including services reasonably related to termination. In the
event that the Contractor abandons the Agreement or causes it to be terminated, the Contractor
shall indemnify the City against loss pertaining to this termination.
TERMINATION FOR CAUSE. In addition to all other remedies available to City, this
Agreement shall be subject to cancellation by City for cause, should Contractor neglect or fail to
perform or observe any of the terms, provisions, conditions, or requirements herein contained, if
such neglect or failure shall continue for a period of thirty(30)days after receipt by Contractor of
written notice of such neglect or failure.
INDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its elected and
appointed officers, agents, assigns and employees, consultants, separate contractors, any of their
subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action
whatsoever, and the resulting losses, damages, costs and expenses, including but not limited to
attorneys' fees,including paralegal expenses,liabilities,damages,orders,judgements,or decrees,
sustained by the City arising out of or resulting from (A) Contractor's performance or breach of
Agreement, (B) acts or omissions,negligence,recklessness, or intentional wrongful conduct by)
Contractor's, its agents, employees, subcontractors, participants, and volunteers, and (C) )
Contractor's failure to take out and maintain insurance as required under this Agreement. )
Contractor's 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,judgements, and attorneys' fees which
may issue thereon. The obligations of this section shall survive indefinitely regardless of
termination of Agreement.
LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it
is applicable, City shall not be liable or responsible to Contractor beyond the amount remaining
due to Contractor under the Agreement, regardless of whether said liability be based in tort,
contract, indemnity or otherwise; and in no event shall City be liable to Contractor for punitive or
exemplary damages or for lost profits or consequential damages.
(00533394.1 306.9001821)
Piggyback Agreement—Elite Landscaping Services Partnership Landscaping LLC 5
INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer
relationship between the Parties. It is the intent of the Parties that Contractor is an independent
Contractor pursuant to the Agreement and shall not be considered the City's employee for any
purpose.
COUNTERPARTS AND EXECUTION. This Addendum may be executed by electronic
signature or by hand, 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
Addendum 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.
COMPLIANCE WITH LAWS. Contractor hereby warrants and agrees,that at all times material
to the Agreement, Contractor shall perform its obligations in compliance with all applicable
federal, state, local laws, rules and regulations, including Section 501.171, Florida Statutes. Non-
compliance may constitute a material breach of the Agreement.
ASSIGNMENT. In the event Agreement, and any interests granted herein shall be assigned,
transferred, or otherwise encumbered, under any circumstances by Contractor, Contractor must
gain prior written consent from City thirty (30) days before such transfer. For purposes of
Agreement,any change of ownership of COMPANY shall constitute an assignment which requires
City's approval. Notwithstanding the foregoing, Contractor may, without City's consent, assign
this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger or
sale of substantially all of its assets related to this Agreement.Contractor shall provide City written
notice of any such corporate reorganization, consolidation,merger or sale of substantially all of its
assets related to this Agreement within thirty(30)days of such event.
AGREEMENT SUBJECT TO FUNDING. The Agreement shall remain in full force and effect
only as long as the expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Boynton Beach in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding. Early termination by City due
to loss of funding shall not obligate Contractor to refund any prepaid fees.
Section 3. Entire Agreement. The Agreement and this Addendum, and any subsequent
amendments or purchase orders signed by the Parties hereto shall constitute the entire
understanding of the Parties.
Section 4. Severability. If any provision of this Addendum or application thereof to any person or
situation shall to any extent, be held invalid or unenforceable, the remainder of this Addendum,
and the application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full
force and effect, and be enforced to the fullest extent permitted by law.
Section 5. In the event that the Elite Landscaping Services dba Partnership Landscaping, LLC
agreement with the City of Boca Raton is amended,or terminated, Elite Landscaping Services dba
Partnership Landscaping, LLC shall notify the City within ten (10) days. In the event the Elite
Landscaping Services dba Partnership Landscaping, LLC agreement with the City of Boca Raton
is amended or terminated prior to its expiration, this Contract shall remain in full force and effect,
( 533394J 306-9001621 l
Piggyback Agreement—Elite Landscaping Services Partnership Landscaping LLC 6
and not be deemed amended or terminated until specifically amended or terminated by the parties
hereto.
Section 6. Elite Landscaping Services dba Partnership Landscaping, LLC agrees that in the event
it enters into a Contract for the same(or substantially similar)scope of services with another local
government in Florida which contains a term or condition,including fees,charges, or costs, which
the City determines to be more favorable than the terms in this Contract,the parties shall enter into
an Addendum to provide those terms to the City.
Section 7. The insurance required shall require that the Certificate of Insurance name the City of
Boynton Beach as an additional insured.
Section 8. In all other aspects, the terms and conditions of the Elite Landscaping Services dba
Partnership Landscaping, LLC agreement are hereby ratified and shall remain in full force and
effect under this Contract,as provided by their terms.
Signature Page to follow
100533394 1 306.9001821 l
Piggyback Agreement-Elite Landscaping Services Partnership Landscaping LLC 7
IN WITNESS OF THE
FOREGOING,the parties have set their hands and seals the day .
and year first written above.
F BOYNTON BEACH,FLORIDA ELITE LANDSCAPING SERVICES
ER IC LLC DBA
CITY O P I..:TNERSHIP
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Print Name of Autho • .. Official
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Michael D.Cirullo,Jr.,City Attorney
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{00533390.1 306-9001821) 8
Pinnvback Agreement—Elite Landscaping Services Partnership Landscaping LLC
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OF THE FOREGOING,the psis have sea their hands and seals the day
and year fir'eIMI above.
ELITE LANDSCAPING SERVICES DBA
CITY OF BOyN'TON BEACH,FLORIDA P, :TNERSI IP LANDSCAPING'LLC
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EXHIBIT A
AGREEMENT BETWEEN THE CITY OF BOCA RATON
AND
ELITE LANDSCAPING SERVICES dba PARTNERSHIP LANDSCAPING,LLC
(00533394.1 306-9001821)
Piggyback Agreement—Elite Landscaping Services Partnership Landscaping LLC 9