R20-145 1 RESOLUTION NO.R20-145
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AWARD AND AUTHORIZING THE CITY MANAGER TO
5 SIGN THE CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES
6 FOR MEDIANS AND RIGHT-OF-WAYS/ROWS, IN RESPONSE TO BID
7 NO.:033-2730-20/RW TO THE LOW RESPONSIVE & RESPONSIBLE
8 BIDDER BATALLAN ENTERPRISES, INC. DBA PROPERTY WORKS.
9 THE TOTAL CONTRACT PRICE INCLUDES THE ANNUAL BID
10 AMOUNT OF $403,147.92 PLUS AN ALLOWANCE FOR POTENTIAL
11 ADDITIONAL SERVICES OF$5,000 ANNUALLY FOR AN ESTIMATED
12 ANNUAL AMOUNT OF $408,147.92 FOR A PERIOD OF THREE (3)
13 YEARS, WITH AN OPTION TO RENEW FOR TWO (2) ONE-YEAR
14 TERMS FOR A TOTAL$2,040,739.60 ESTIMATED AMOUNT OVER THE
15 TOTAL POTENTIAL TERM OF THE CONTRACT; AND PROVIDING
16 AN EFFECTIVE DATE.
17
18 WHEREAS, on October 23, 2020, Procurement Services opened and tabulated six (6)
19 Bids in response to BID No. 033-2730-20/RW for Landscape Maintenance Services For Medians
20 and Right-of-Ways;and
21 WHEREAS, the Evaluation Team is recommending an award to Batallan Enterprises,
22 Inc., dba Property Works, in the amount of$403,147.92 as the lowest responsive, responsible
23 bidder;and
24 WHEREAS, The total contract price includes the annual bid amount of$403,147.92 plus an
25 allowance for potential additional services of $5,000 annually for an estimated annual amount of
26 $408,147.92 for a period of three(3)years,with an option to renew for two(2)one-year terms for a total
27 $2,040,739.60 estimated amount over the total potential term of the contract, shall be the total amount of
28 payment to Vendor for services provided under this contract for the entire term of the contract;and
29 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation
30 of staff, deems it to be in the best interest of the citizens and residents to approve the award and
31 authorize the City Manager to sign the Contract for Landscape Maintenance Services for MEDIANS AND
32 RIGHT-OF-WAYS/ROWs, in response to Bid No.:033-2730-20/RW to the low responsive& responsible
33 bidder Batallan Enterprises,Inc.dba Property Works.
34 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
35 CITY OF BOYNTON BEACH,FLORIDA,THAT:
36 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
S:\CA\RESO\Agreements\Award of Bid for Landscape Maintenance Services toBatallan(Medians&ROWs)-Reso.docx
1 being true and correct and are hereby made a specific part of this Resolution upon adoption.
2 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
3 approves the award and authorizes the City Manager to sign the Contract for Landscape Maintenance
4 Services for MEDIANS AND RIGHT-OF-WAYS/ROWs, in response to Bid No.:033-2730-20/RW to the
5 low responsive&responsible bidder Batallan Enterprises,Inc.dba Property Works.The total contract price
6 includes the annual bid amount of$403,147.92 plus an allowance for potential additional services of$5,000
7 annually for an estimated annual amount of$408,147.92 for a period of three (3) years, with an option to
8 renew for two(2)one-year terms for a total$2,040,739.60 estimated amount over the total potential term of
9 the contract,shall be the total amount of payment to Vendor for services provided under this contract for the
10 entire term of the contract. A copy of the Contract is attached hereto and incorporated herein as
11 Exhibit"A".
12 Section 3. That this Resolution shall become effective immediately.
13 PASSED AND ADOPTED this 15 day of December, 2020
14 CITY OF BOYNTON BEACH, FLORIDA
15 YES NO
16
17 Mayor—Steven B. Grant
18
19 Vice-Mayor—Ty Penserga
20
21 Commissioner—Justin Katz G1po •c\,\
22
23 Commissioner—Woodrow L. Hay
24
25 Commissioner—Christina L. Romelus
26
27 VOTE ( k
28 ATTEST:
29
30
31 C tal Gibson, MMC
32 City Clerk 'c,
33 d' (1 N7',1 r''►
34 (Corporate Seal) f ; •• .. ' • Z
o
1920 '
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S:\CA\RESO\Agreements\Award of Bid for Landscape Maintenance Services toBatallan(Medians&ROWs)-Reso.docx
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CONTRACT NO. 033-2730-20/RW
FOR
LANDSCAPE MAINTENANCE SERVICES — MEDIANS AND RIGHT-OF-WAYS/ROWS (MR)
BETWEEN THE CITY OF BOYNTON BEACH AND BATALLAN ENTERPRISES, INC.
DBA PROPERTY WORKS
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the
City", and Batallan Enterprises, Inc., d/b/a Property Works, 1201 Roebuck Ct., West Palm Beach, FL.
33401, hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
PROJECT DESIGNATION. The Vendor is retained by the City to provide LANDSCAPE MAINTENANCE
SERVICES FOR MEDIANS AND RIGHT-OF-WAYS/ROWs (MR).
1. SCOPE OF SERVICES. Vendor agrees to perform the services during the term of this Agreement
for both basic landscape maintenance and the mulch option as more specifically set forth in Exhibit
"A" Scope of Services, Exhibit "B" Batallan Enterprises, Inc., d/b/a Property Works Bid No. 033-
2730-20/RW and Exhibit "C" Invitation to Bid (ITB) No.033-2730-20/RW, which are made a part of
this Agreement, attached hereto and incorporated herein by reference, including the provision of all
labor, materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
2. 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 effective January 01, 2021.
3. TERM. The initial term of the contract shall be for three (3) years effective upon date the contract is
fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with
the Finance Director may extend the agreement at the same terms, and conditions, for two (2) one-
year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as
determined by the Purchasing Manager, and determination by the Purchasing Manager that
renewal will be in the best interest of the City. The City will allow a price adjustment in accordance
with the PRICE ESCALATION/DE-ESCALATION provision within the ITB No.033-2730-20/RW after
the first year of service and does not require Commission approval.
5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services
rendered under this Agreement in accordance with Exhibit "B" Batallan Enterprises, Inc., d/b/a
Property Works Bid No. 033-2730-20/RW attached hereto and incorporated herein by reference, as
follows:
a. The total contract price includes the annual bid amount of $403,147.92 plus an allowance for
potential additional services of$5,000 annually for an estimated annual amount of$408,147.92 for a
period of three (3) years, with an option to renew for two (2) one-year terms for a total
$2,040,739.60 estimated amount over the total potential term of the agreement, shall be the total
amount of payment to Vendor for services provided under this Agreement for the entire term of the
Agreement.
b. 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.
c. 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.
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d. Final payment of any balance due the Vendor of the total contract price earned will be made
promptly upon its ascertainment and verification by the City after the completion of the work under
this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work performed.
services rendered, and for all materials, supplies, equipment and incidentals necessary to complete
the work.
f. 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 three (3) years after the
termination of the Agreement. Copies shall be made available upon request.
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 services 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 services to be rendered under this agreement.
8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents
and employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorney fees and costs, arising from injury or death to persons, including injuries, sickness,
disease or death to Vendor's own employees, or damage to property occasioned by a negligent act,
omission or failure of the Vendor.
9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract
comprehensive general liability insurance with 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, and professional liability insurance in the amount of $1,000,000 per occurrence to
$2,000.000 aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to the City. Certificates of coverage as required by this section shall be delivered to
the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent
contractor with respect to the services 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 he 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 contract, and that he 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 contract.
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For breach or violation of this warranty, the City shall have the right to annul this contract 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,
sex or the presence of any physical or sensory handicap in the selection and retention of employees
or procurement of materials or supplies.
13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services 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. The City reserves the right to terminate this Agreement at any time by giving thirty
(30) days written notice to the Vendor.
b. 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 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.
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 in Palm Beach County, Florida. This Agreement shall be construed under
Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Vendor shall be sent to the following address:
___ Tony Batallan
Batallan Enterprises Inc
d/b/a Property Works _
1201 Roebuck Ct.
West Palm Beach, FL. 33401
Ph #: 561 805-8687
E-mail: tony@propertyworksonline.net
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents
the entire and integrated agreement between the City and the Firm and supersedes all prior
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negotiations, representations, or agreements written or oral. This agreement may be amended only
by written instrument signed by both City and Firm.
19. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor 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 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 STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 EAST OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
GIBSONC@BBFL.US
20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of
Israel. 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
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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 Contractor of the City's determination concerning the false certification. 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, 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 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.
21. 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.
DATED this \,, day of --" e_e_e?' ICY`.e'. , 20 aD
CITY OF BOYNTON BEACH BATALLAN ENTERPRISES, INC.
DBA PROPERTY WORKS
0 ilkObK. 4\01'),\,,44 ...
Lori LaVerrie = City Manager Signature of luthorized Official
f"'c /11(l4l
Printed Name of Authorized Official
Attest/Authenticated: aW P9 1
olik_
/I A %. •,, 'u (Corporate Seal)
C tal Gibson, City Clerk .,1 •
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Approved as to 'o ' : Attest/Authenticated:
James A. Che , City Attorney Witness
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