Agenda 12-15-20The C ity of
Boynton Beach
City Com m ission Agenda
Tuesday, December 15, 2020, 5:30 PM
G oToWebin ar O n l ine Meeting and City Hal l Commu n ity Room, 100 E.
O cean Aven u e
Boynton Beach City Commission
M ayor S teven B . Grant (A t Large)
Vice M ayo r Ty P enserga (District I V )
C ommissio ner Justin K atz (District I)
C ommissio ner Wo odrow L. H ay (District I I)
C ommissio ner Christina L. Ro melus (D istrict I I I)
Lori LaVerriere, C ity M anager
James Chero f , C ity A tto rney
C rystal Gibso n, C ity Clerk
*Mission*
To create a sustainable community by providing exceptional
municipal services, in a financially responsible manner.
www.boynton-beach.org
Page 1 of 1203
W elcome
Thank you for attending the City Commission Meeting
General Rules & Procedures for Public Participation at
City of B oynton Beach C ommission Meetings
The Agenda:
There is an official agenda for every meeting of the C ity C ommissioners, which deter mines the order
of business conducted at the meeting. The City Commission will not take action upon any matter,
proposal, or item of business, which is not listed upon the official agenda, unless a major ity of the
Commission has first consented to the presentation for consideration and action.
Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by
either a regular voice vote with "Ayes & Nays" or by a roll call vote.
Speaking at Commission Meetings:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction
of the Commission - Time Limit - Three (3) Minutes.
Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a
motion has been made and properly seconded, with the exception of Consent Agenda I tems that have not
been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes.
Due to the C OV I D-19 public health emergency and in accordance with Governor DeSantis's Emergency
Orders, the City of Boynton Beach has temporarily suspended in-person public meetings. The City requests
that all citizens follow the safe at home guidance provided by the State, the County, and the Federal
Government. The City of Boynton Beach encourages interested parties to attend and participate in public
meetings via communications media technology online.
To view and/or participate in the City Commission meeting you have the following options:
1. Watch the meeting online, but not participate:
You may watch the meeting via the GoToW ebinar platform. Visit the City's website at www.boynton-beach.org
to access the up-to-date link to the meeting.
2. Watch the meeting online and provide public comment prior to the meeting:
You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us
by Noon on December 15, 2020 or calling (561) 742-6006 and leaving a message on the public comment
Page 2 of 1203
hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda
item number(s) for your comments. Comments received by the deadline will be read into the record. Please
note that time limits will be enforced so written comments must be limited to no more than 3 minutes.
3. Watch the meeting online and provide public comment during the meeting:
To request to speak during the meeting, you can electronically "raise your hand" or type a question using the
GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your
question addressed. Please note that time limits will be enforced so comments must be limited to no more than
3 minutes.
For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City
Clerk, at cityclerk@bbfl.us or (561) 742-6061.
Page 3 of 1203
1.Openings
A.Call to Order - Mayor Steven B. Grant
I nvocation by Pastor Chuck Brannon of Gateway Community Church
Pledge of Allegiance to the Flag led by Mayor Steven B. Grant
Roll Call
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2.Other
A.I nformational items by Members of the City Commission
3.Announcements, Community And Special Events And Presentations
A.Christine Thrower, Distric t I V Director of the Florida City and C ounty Management Association
(F C C MA) will present a Certificate of Recognition to the C ity of Boy nton Beach celebrating the
60th anniversary of the City's recognition as a Council-Manager form of government by the
I nternational City Management Assoc iation (I C MA). Ms. Thrower is also the Village Manager for
the Village of Golf.
B.Announcement by Kacy Young, Recreation & Parks Department Director, regarding the
Oceanfront Bark spec ial event at Oc eanfront Park on Saturday, D ec ember 19th from 9am to
Noon.
C.J oe Paternitti, Utility D irec tor, will make the announcement that the City of Boynton Beac h W ater
Utility will be temporarily changing its water treatment disinfec tion process to free chlorination
beginning J anuary 12, 2021 through February 1, 2021.
D.Announce Boynton's Finance Department earned an award from the Government Finance
Officer's Association (GF OA) for Exc ellenc e in Financial Reporting for their 2019 Comprehensive
Annual Financial Report.
E.Announce plans for MLK Event in J anuary 2021
F.Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding
Light-Up Downtown Boynton.
4.Public Audience
Individual Speakers W ill Be Limited To 3 Minute Presentations (at the discretion of the Chair,
this 3 minute allowance may need to be adjusted depending on the level of business coming
before the City Commission)
5.Administrative
A.Appoint eligible members of the community to serve in vacant positions on City advisory boards.
B.Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to
Freedom Shores Elementary.
6.Consent Agenda
Page 4 of 1203
Matters in this section of the Agenda are proposed and recommended by the C ity Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments
A.Proposed R esolution No. R20-135 - Approve award and authorize the City Manager to sign the
Contract for Landscape Maintenanc e Servic es for Lots & Alley ways, in response to Bid No.:034-
2730-20/RW to the low responsive & responsible bidder L.V. Superior Landscaping, I nc.
The total contract price includes the annual bid amount of $56,160.00 plus an allowance for
potential additional services of $5,000 annually for an estimated annual amount of $61,160 for a
period of three (3) years, with an option to renew for two (2) one-y ear terms for a total
$305,800.00 estimated amount over the total potential term of the contract, shall be the total amount
of payment to Vendor for services provided under this contract for the entire term of the contract.
B.Proposed R esolution No. R20-136 - Approve and authorize C ity Manager to sign Agreement
between United Behavioral Health ("Optum") to provide Employ ee Assistance Program (E A P)
services at the rate of $15.00 per employee, per year (estimated annualized cost of $12,750) from
J anuary 1, 2021 through December 31, 2021, with one additional one year renewal option.
C.Proposed Resolution No. R20-137 - Authorize the City Manager to sign Omnia Maintenance
Agreement with Thyssen-Krupp Elevator Corporation of Kennesaw, GA for annual elevator
inspections and service/repairs in various City facilities utilizing the National I ntergovernmental
Purchasing Allianc e c ontrac t R150801 for an estimated monthly amount of $1,930.25. National
I ntergovernmental Purchasing Alliance proc urement process satisfies the City 's competitive bid
requirements.
D.Proposed Resolution N o. R20-138 - Approve award and authorize the City Manager to sign
contract 005-1410-21/RW with C entral Square for a total amount of $50,040.00 in accordance
with Quote Number Q-07140 for Consulting & Project Management Services.
E.Accept the Fisc al Year 2019-2020 Budget Status Report of the General Fund and the Utilities
Fund for the twelve (12) month period ended September 30, 2020, unaudited.
F.Approve Task Order R13-063-13 with J acobs Engineering for professional hydrogeological
services in support of the permitting of the Class 1 I njection W ell at the W est W ater Treatment
Plant (W W TP). Commission approved the extension of solicitation 023-2821-18/I T with J acobs
Engineering on September 15, 2020 for an additional year through September 9, 2021. The total
cost is $44,098.00 plus $10,000 for the permit fee.
G.Proposed R esolution No. R20-139 - Approve and authorize the May or to sign the Certificate
Regarding Substantial Completion and Final Acceptance for Fire Station #1 constructed as part of
the Town Square Project.
Proposed R esolution No. R20-140 - Approve and authorize the May or to sign the Certificate
Regarding Substantial C ompletion and Final Ac ceptanc e for C ity Hall/Library projec ts and the
Notice of Completion for the City Hall/Library projec ts c onstruc ted as part of the Town Square
Project.
Proposed R esolution No. R20-141 - Approve and authorize the May or to sign the Certificate
Regarding Substantial C ompletion and Final Acc eptance for the Polic e Station and the Notice of
Completion for the Police Station constructed as part of the Town Square Project.
H.Proposed Resolution No. R20-142 - Amend the FY 2019-2020 budget, which will adjust
budgeted appropriations and revenue sources and provide spending authority for D epartment or
Fund Operating and Capital Budget.
I .Accept the written report to the C ommission for purchases over $10,000 for the month of
November, 2020.
J .Approve minutes from the City Commission meeting on November 17, 2020.
Page 5 of 1203
7.Consent Bids And Purchases Over $100,000
A.Proposed R esolution No. R20-143 - Approve award and authorize the City Manager to sign the
contract for Landsc ape Maintenanc e Services for Park Sites, excluding Kapok, J oseph Crowder,
& Town Square P arks, in response to Bid No.:031-2730-20/RW to the low responsive &
responsible bidder Blue Marlin I nvestments, I nc. dba Cayco Landsc aping in the amount of
$122,661 plus an annual allowance for potential additional services of $5,000 for an estimated
amount of $127,661 annually.
The total c ontrac t pric e inc ludes the annual bid amount of $122,661.00 plus an allowanc e for
potential additional servic es of $5,000 annually for an estimated annual amount of $127,661 for a
period of three (3) years, with an option to renew for two (2) one-y ear terms for a total
$638,305.00 estimated amount over the total potential term of the contract.
B.Proposed Resolution N o. R20-144 - Approve Award and authorize the City Manager to sign the
Contract for Landsc ape Maintenance Servic es for Facility Sites, in response to Bid No.:032-
2730-20/RW to the low responsive & responsible bidder Blue Marlin I nvestments, I nc. dba Cayco
Landscaping in the amount of $143,944 for Basic Maintenance only, plus an allowance for
potential additional services of $5,000 for an estimated amount of $148,944 annually. The total
contract pric e includes the annual bid amount of $143,944.00 plus an allowance for potential
additional services of $5,000 annually for an estimated annual amount of $148,944.00 for a period
of three (3) years, with an option to renew for two (2) one-year terms for a total $744,720.00
estimated amount over the total potential term of the agreement, shall be the total amount of
payment to Vendor for services provided under this contract for the entire term of the contract.
C.Proposed R esolution No. R20-145 - Approve the award and authorize the City Manager to sign
the Contrac t for Landscape Maintenance Services for ME D I A NS A ND RI GHT-OF-
W AY S/ROW s, in response to Bid No.:033-2730-20/RW to the low responsive & responsible
bidder Batallan Enterprises, I nc . dba P roperty W orks. The total c ontrac t pric e inc ludes 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 contract, shall be the total amount of payment to Vendor for servic es provided under
this contract for the entire term of the contract.
D.Proposed Resolution N o. R20-146 - Approve and authorize the Mayor to sign an extension of a
consultant agreement with Florida C aribbean Architec ture, I nc. (FC A) in the amount of $101,250
for projec t management and professional arc hitectural services for the new Public Works Facility
to be loc ated at the City 's Rolling Green complex at 515 NW 14th Court, and the renovation and
improvements to the existing building and site for the new Utility W ater Quality Laboratory
project to be loc ated at the former Fire Rescue Station # 2 site at 2201 S. Congress Ave.,
Boynton Beach, Florida.
8.Public Hearing
6 p.m. or as soon thereafter as the agenda permits.
The City C ommission will conduct these public hearings in its dual capacity as Local Planning
Agency and City Commission.
A.Proposed O rdinance No. 20-043 - Second Reading - Request for abandonment of a portion of
the S W 6th Street right-of-way c onsisting of a portion of the unimproved swale abutting the east lot
line of the subjec t property located at 704 S W 25th Avenue (A B A N 20-010). (Tabled from the
December 1, 2020 C ity Commission Meeting. The applicant is r equesting the item to be
tabled to the January 19, 2021 City Commission Meeting.)
9.City Manager ’s Report
A.Police Chief Gregory will give a presentation on traffic safety and issues surrounding driving off
Page 6 of 1203
road vehicles on public streets.
B.Discuss rec ommendations provided by the Recreation & Parks Advisory Board for naming city
facilities in the Town Square Project in downtown Boynton Beach.
10.Unfinished Business - None
11.New Business
A.J K M Developers have provided their monthly update to the C ity Commission on the Town Square
Project. See attached.
12.Legal
A.Proposed Resolution No. R20-147 - Extending Ordinance 20-030 to continue provisions for
public meetings by use of C ommunic ations Media Technology during the C OV I D-19 public health
emergency.
13.Future Agenda Items
A.Proposed O rdinance N o. 20-034 - First Reading - Approve Legacy at Boynton Beach (RE ZN
20-001) rezoning subject property from C B D (Central Business District) to MU-C (Mixed-Use
Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail,
located at the northeast corner of S E 2nd Avenue and Federal Highway. Applic ant: Evan
Vlaeminck of GC I Acquisitions LLC. - January 5, 2021
B.Proposed Ordinance N o. 20-035 - First Reading - Approve Legacy at Boynton Beach (A B A N
20-009) abandoning a portion of the improved 45 foot wide right-of-way of S E 1st Avenue running
east from Federal Highway for a distance of approximately 175 feet. Applic ant: Evan Vlaeminck
of GC I Acquisitions L L C. - January 5, 2021
C.Approval of Legacy at Boynton Beac h (NW SP 20-003) new site plan applic ation for a mixed-use
development c onsisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of
commercial space, and associated rec reational amenities and parking on a 2.76 ac re site.
Applicant: Evan Vlaeminck, GC I Acquisitions LLC. - January 5, 2021
D.Staff to present a summary as requested by the Commission regarding a potential polystyrene
ordinance. - January 5, 2021
E.Hear a presentation by D avid Scott, D irec tor of E conomic Development and S trategy, on the
City's Tourism Strategic Plan. January 19, 2021
F.Staff will present a Legislative Priority List for the Commission's c onsideration and adoption -
January 19, 2021
G.Per the request of S FW MD staff will prepare a y ear round irrigation ordinance for the
Commission's c onsideration whic h c omports the Distric t's Mandatory Year-Round Landscape
I rrigation Conservation Measures Rule - January 19, 2021
H.A presentation of the C ity of Boynton Beach Operations Performance Management Dashboard. -
January 19, 2021
I .Resolution will be presented for consideration to award bid for construction of two isolation valves
into existing 36" force main on Congress Avenue. - January 2021
J .Resolution will be presented for consideration to award bid for construction of a new water main
from East W ellfield to East Water Treatment Plant. January 2021
K.Mayor Grant requested information on the water quality of canal systems within the City. -
February 2021
L.I LA for Women's Club transfer to the City - February 2021
Page 7 of 1203
M.I LA for Sara Sims Park Pavilion I mprovements - February 2021
N.Vice Mayor Penserga requested a discussion regarding a City Mural Program - March-2021
O.Staff will present the City's 15 year Roadway C I P plan and demonstrate the software and data
collected to implement this plan. - March 2021
P.Present option for management of canal assessment program - March, 2021
Q.Discussion on funding for expanding W i-Fi to City parks. - T B D
R.Discussion of L OI process for sale of city land - TB D
14.Adjournment
Notice
If a pers on decides to appeal to any decis ion made by the City Commis s ion with res pect to any matter cons idered at this meeting, He/She will
need a record of the proceedings and, for such purpos e, He/She may need to ensure that a verbatim record of the proceedings is made, which
record includes the tes timony and evidence upon which the appeal is to be based. (F.S. 286.0105)
The city shall furnis h appropriate auxiliary aids and services where neces s ary to afford an individual with a dis ability an equal opportunity to
participate in and enjoy the benefits of a service, program, or activity conducted by the city. Pleas e contact the City Clerk's office, (561) 742-
6060 or (TTY) 1-800-955-8771, at leas t 48 hours prior to the program or activity in order for the city to reasonably accommodate your request.
Additional agenda items may be added subsequent to the publication of the agenda on the city's web site. Information regarding items added
to the agenda after it is publis hed on the city's web s ite can be obtained from the office of the City Clerk.
Page 8 of 1203
1.A.
OP E NI NG I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission:
Call to Order - Mayor Steven B. Grant
I nvocation by Pastor Chuck Brannon of Gateway Community Church
Pledge of Allegiance to the Flag led by Mayor Steven B. Grant
Roll Call
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact: Non-budgeted
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant? No
Grant Amount:
Page 9 of 1203
2.A.
OTHE R
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: I nformational items by Members of the City Commission
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 10 of 1203
3.A.
A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Christine Thrower, District I V Director of the Florida City and County
Management Association (FC C MA) will present a Certificate of Recognition to the City of Boynton Beach
celebrating the 60th anniversary of the City's recognition as a Council-Manager form of government by the
I nternational City Management Association (I C MA). Ms. Thrower is also the Village Manager for the Village
of Golf.
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Addendum Certificate of Recognition
Page 11 of 1203
The Florida City & County Management
Association Celebrates With
The City of Boynton Beach
on the 60th anniversary of your city’s recognition by the
International City/County Management Association (ICMA)
of its operation under the council-manager form of government.
Awarded December 15, 2020
______________________________
Micah Maxwell, FCCMA President
Assistant City Manager, Clearwater
Certificate of Recognition
Page 12 of 1203
3.B.
A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Announcement by Kacy Young, Recreation & Parks Department
Director, regarding the Oceanfront Bark special event at Oceanfront Park on Saturday, December 19th from
9am to Noon.
Explanation of Request: The Recreation & Parks Department welcomes all well behaved dogs and their
owners to "paw-ty" on the beach for the third year at Oceanfront Bark. The second of four events scheduled
for Saturday December 19th, from 9am-12pm. The Oceanfront Bark events are scheduled for the 3rd
Saturday of each month until February. Dogs must be appropriately licensed, and will be allowed off their
leash in a fenced off designated area on the south end of the beach. Free parking will be available during the
event.
How will this affect city programs or services? Free parking will be available during the event.
Fiscal Impact: Non-budgeted No fiscal impact.
Alternatives:
Do not make the announcement.
Strategic Plan: Building W ealth in the Community, Boynton Beach Branding
Strategic Plan Application: Hosting a special event to encourage residents and non-residents to visit
Oceanfront Park.
C L IMAT E AC T IO N AP P LIC AT IO N: No impact on climate action.
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Attachment Oceanfront Bark
Page 13 of 1203
Dogs must be appropriately licensed & well-behaved. Parking fees waived until 12 pm.
For more details, visit WeMakeLifeFun.com or call 561-742-6243.
@BoyntonBeachRec
Saturdays, 9 am - 12 pm
Dec. 19 | Jan. 16 | Feb. 20
Oceanfront Park Beach
6415 N. Ocean Blvd.
#WeMakeLifeFun
Don’t forget
my leash!
Oceanfron Bark PC no crops .qxp_Layout 1 11/4/20 3:59 PM Page 1
Page 14 of 1203
3.C.
A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: J oe Paternitti, Utility Director, will make the announcement that the
City of Boynton Beach W ater Utility will be temporarily changing its water treatment disinfection process to
free chlorination beginning J anuary 12, 2021 through February 1, 2021.
Explanation of Request:
This is a standard practic e in whic h utilities switch to a stronger disinfection method in order to ensure that
the potable water delivered to the customer is of the highest quality. As a result, the customer may notic e a
slight change in odor and taste in their water; otherwise, there will be no adverse effects.
Customers particularly sensitive to the taste and odor of chlorine may keep an open container of drinking
water in their refrigerators for a few hours to allow the chlorine odor to dissipate. Because of this change,
users of home dialysis machines, owners of tropical fish aquariums and managers of stores and restaurants
with holding tanks for fish and shellfish are advised to seek professional guidance on how to operate their
equipment during this period as the method for removing chlorine residuals differs from removing chloramine
residuals from tap water.
Any c hanges will be eliminated when the Utility reverts to our normal disinfection method at the end of this
chlorine flush period. Please be assured that this is a routine proc edure and that there are no problems with
your water supply. I f y ou would like further information on this matter, please call our W ater Quality Division
at 742-6964 during working hours Monday through Friday.
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 15 of 1203
3.D.
A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Announce Boynton's Finance Department earned an award from the
Government Finance Officer's Association (GF OA) for Excellence in Financial Reporting for their 2019
Comprehensive Annual Financial Report.
Explanation of Request:
(Chicago, I llinois)—Government Financ e Offic ers Assoc iation of the United States and C anada (GF OA)
has awarded the Certificate of Achievement for Excellence in Financial Reporting to City of Boynton
Beach for its comprehensive annual financial report for the fiscal year ended September 30, 2019. The
report has been judged by an impartial panel to meet the high standards of the program, which includes
demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate
potential users and user groups to read the report.
The Certificate of Achievement is the highest form of rec ognition in the area of governmental accounting
and financial reporting, and its attainment represents a significant acc omplishment by a government and its
management.
How will this affect city programs or services? N/A
Fiscal Impact: Non-budgeted None
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 16 of 1203
3.E.
A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Announce plans for MLK Event in J anuary 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 17 of 1203
3.F.
A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission:
Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding Light-Up
Downtown Boynton.
Explanation of Request:
As an alternative and safe program for the community to celebrate the upcoming holiday season, the
City created "Light-Up Downtown Boynton".
Light-Up Downtown Boynton is a lighting program that includes 43,000 L ED lights and lighted 100
spheres installed on four historically significant trees in Downtown Boynton - including the two
Banyan trees east of City Hall, the Kapok tree west of the Cutlural Center and the Kapok tree at
Dewey Park, as well as 18 street poles.
T he uplighting in Town Square and the water tower have been programmed to celebrate the
holidays of Hanukkah, Christmas and Kwanzaa.
T he lights were activated on Tuesday, December 1st at 7 p.m. with the flipping of a light switch.
T he lights will be on each night, from 5 p.m. to 10:00 p.m. through January 2nd.
A lighted display of a menorah and kinara have been installed outside the Cultural Center and the Spartan
J uniper tree in the planter in front of the tower will be lit and decorated as this years Christmas tree.
In addition, the Marketing & Events Team will be planning and hosting small programs to celebrate
these holidays under the lights.
How will this affect city programs or services?
Support services have been, and will conitinue to be provided, by City Departments, such as Public W orks,
Police, and Utilties.
Fiscal Impact: Budgeted
T he City utilized the $25,000 allocated for the 2020 Holiday Parade to "Light-Up Downtown
Boynton". Expenses related to Holiday programs will be processed from the Special Events budget.
Alternatives: Do not announce the Light-Up Downtown Boynton and surrounding acitivities.
Strategic Plan:
Strategic Plan Application:
Page 18 of 1203
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 19 of 1203
5.A.
A D MI NI S TRATI V E
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions
on City advisory boards.
Explanation of Request: The attached list contains the names of those who have applied for vacancies on
the various advisory boards. A list of vacancies is provided with the designated Commission members having
responsibility for the appointment to fill each vacancy.
How will this affect city programs or services? Appointments are necessary to keep our advisory boards
full and operating as effectively as possible.
Fiscal Impact: Non-budgeted
Alternatives: Allow vacancies to remain unfilled.
Strategic Plan: Building W ealth in the Community
Strategic Plan Application: Building W ealth in the Community
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant? No
Grant Amount:
AT TAC H ME N TS:
Type Description
Attachment Appointments and Applicants for December 15,
2020
Attachment W ilkinson, J essica
Page 20 of 1203
Appointments and Applicants for December 15, 2020
______________________________________________________________________
Building Board of Adjustments and Appeals
II Hay Alt 1 yr term to 3/21
III Romelus Reg 2 yr term to 3/22
IV Penserga Reg 2 yr term to 3/22
Applicants: None
Education and Youth Advisory Board
I Katz STU V 2 yr term to 3/22
Applicant: Wilkinson, Jessica
Historic Resources Preservation Board
I Katz Alt 1 yr term to 3/21
Applicants: None
____________________________________________________________________________
Library Board
Mayor Grant Alt 1 yr term to 3/21
Applicants: None
Page 21 of 1203
L e
Cherry-Guberman, Catherine
From: jesswilkinson2458 <noreply@form.123formbuilder.com>
Sent: Thursday, November 26, 2020 12:54 AM
To: City Clerk
Subject: Advisory Board Appointment application
Today's date
Name Jessica Wilkinson
Phone number 561-777-9396
Address 2458 SW Cranbrook Dr
Boynton Beach Florida 33436
United States
Email jesswilkinson2458@gmail.com
Current occupation or, if retired, prior occupation
Education Atlantic High School
Are you a registered voter? No
Do you reside within the
Yes
Boynton Beach City limits?
Do you own/manage a business
No
within City limits?
If "yes", name of business:
Are you currently serving on a No
City board?
Have you served on a City No
board in the past?
If "yes", which board(s) and when?
Have you ever been convicted
No
of a crime?
If "yes", when and where?
Advisory Board Education and Youth Advisory Board
Personal Qualifications 10th Grade Student
Professional Memberships
Feel free to attach/upload an
extra sheet or resume.
Certification I, the applicant, hereby certify that the statements and answers provided herein are
true and accurate. I understand that, if appointed, any false statements may be cause
for removal from a board.
Page 22 of 1203
The message has been sent from 107.77.215.63 (United States)at 2020-11-26 00:54:17 on Chrome 86.0.4240.198
Entry ID:412
Referrer:https://www.boynton-beach.org/
Form Host:https://form.123formbuilder.com/583214/Advisory-Board-Appointment-Application/
2
Page 23 of 1203
5.B.
A D MI NI S TRATI V E
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Approve the request of Mayor Grant to distribute $200.00 of his
Community Support Funds to Freedom Shores Elementary.
Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to
Freedom Shores Elementary to be used to support the Garden Club and to help plant plants native to Florida.
How will this affect city programs or services? N/A
Fiscal Impact: Community Support Funds of $2,000 for each Commission member were approved in the
2020/2021 budget.
Alternatives:
Strategic Plan:
Strategic Plan Application: N/A
C L IMAT E AC T IO N AP P LIC AT IO N: N/A
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Attachment C S F Request Form-Freedom Shores
Page 24 of 1203
Page 25 of 1203
6.A.
C ONS E NT A GE ND A
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission:
Proposed Resolution No. R20-135 - Approve award and authorize the City Manager to sign the Contract
for Landscape Maintenance Services for Lots & Alleyways, in response to Bid No.:034-2730-20/RW to the
low responsive & responsible bidder L.V. Superior Landscaping, I nc.
The total contract price includes the annual bid amount of $56,160.00 plus an allowance for potential
additional services of $5,000 annually for an estimated annual amount of $61,160 for a period of three (3)
years, with an option to renew for two (2) one-year terms for a total $305,800.00 estimated amount over the
total potential term of the contract, shall be the total amount of payment to Vendor for services provided under
this contract for the entire term of the contract.
Explanation of Request:
On September 30, 2020, No.:034-2730-20/RW was advertised and submittals were opened on October 27,
2020. The City rec eived four (4) bids and tabulated the submittals. The low responsive & responsible bidder
is L.V. Superior Landscaping, I nc. in the amount of $ 56,160 for basic maintenance only, plus an allowance
for potential additional services of $5,000 for an estimated amount of $61,160 annually.
R ecommended for Award Landscape Services G roup:Annual Estimated
Amount
L.V. Superior Landsc aping, I nc . Alleyways $ 39,960.00
Lots $ 16,200.00
Total
$56,160
As a result, the Schedule of Prices will be fixed and firm for the initial three (3) year period from the effective
date of J anuary 01, 2021, subject to the bid award and by mutual agreement between the City and the
awardee, may be renewable for two (2) additional one (1) year periods. The City reserves the right to
exercise the option to renew annually. The total contract price includes the annual bid amount of $56,160.00
plus an allowance for potential additional services of $5,000 annually for an estimated annual amount of
$61,160 for a period of three (3) years, with an option to renew for two (2) one-year terms for a total
$305,800.00 estimated amount over the total potential term of the contract, shall be the total amount of
payment to Vendor for services provided under this contract for the entire term of the contract.
How will this affect city programs or services?
This bid award will provide for the issuance of continuous service in connection with landscape maintenance
of Lots & Alleyways to enhance City-wide operations.
Fiscal Impact: Budgeted
The costs of the monthly landscape services will be paid from
Account # 001-2730-572-49-17
Page 26 of 1203
Alternatives: Not award the bid and re-advertise.
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant? No
Grant Amount:
Contracts
Vendor Name: L.V. Superior Landscaping, I nc.
Start Date: 1/1/2021
End Date: 12/31/2024
Contract Value: $61,160 annually.
Minority Owned Contractor?: No
Extension Available?: Yes
Extension Explanation:
Renewal options for two additional one year periods.
Page 27 of 1203
AT TAC H ME N TS:
Type Description
Resolution
Resolution awarding Bid 034-2730-20/RW for
Landscape Maintenance Services for Lots and
Alleyways
Addendum I TB 034-2730-20RW Landscape Maintenance -
L OTS and A LLE Y W AY S Final RW
Addendum I TB 034-2730-20RW Landscape Maintenance -
L OTS and A LLE Y W AY S Final RW
Addendum LV Superior Bid 034-2730-20RW
Addendum LV Superior Bid 034-2730-20RW Signed Price
Verification Letter
Attachment BidAnalysis I TB034-2730-20RW
Addendum
LV Superior Signed Contract 034-2730-20RW
Landscape Maint- Lots & Alleyways 12-15-20
RW
Addendum 20-014 Recommendation Landscaping Bid
Page 28 of 1203
S:\CA\RESO\Agreements\Award of Bid for Landscape Maintenance Services to LV Superior (Lots & Alleyways) - Reso.docx
RESOLUTION NO. R20- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3
APPROVING AWARD AND AUTHORIZING THE CITY MANAGER TO 4
SIGN THE CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES 5
FOR LOTS & ALLEYWAYS, IN RESPONSE TO BID NO.:034-2730-20/RW 6
TO THE LOW RESPONSIVE & RESPONSIBLE BIDDER L.V. SUPERIOR 7
LANDSCAPING, INC., FOR A TOTAL CONTRACT PRICE INCLUDING 8
THE ANNUAL BID AMOUNT OF $56,160.00 PLUS AN ALLOWANCE 9
FOR POTENTIAL ADDITIONAL SERVICES OF $5,000 ANNUALLY 10
FOR AN ESTIMATED ANNUAL AMOUNT OF $61,160 FOR A PERIOD 11
OF THREE (3) YEARS, WITH AN OPTION TO RENEW FOR TWO (2) 12
ONE-YEAR TERMS FOR A TOTAL $305,800.00 ESTIMATED AMOUNT 13
OVER THE TOTAL POTENTIAL TERM OF THE CONTRACT; AND 14
PROVIDING AN EFFECTIVE DATE. 15
16
WHEREAS, on October 27, 2020, Procurement Services opened and tabulated four (4) 17
Bids in response to BID No. 034-2730-20/RW for Landscape Maintenance Services For Lots and 18
Alleyways; and 19
WHEREAS, the Evaluation Team is recommending an award to L.V. Superior 20
Landscaping, Inc., in the amount of $56,160 as the lowest responsive, responsible bidder; and 21
WHEREAS, the total contract price includes the annual bid amount of $56,160.00 plus 22
an allowance for potential additional services of $5,000 annually for an estimated annual amount 23
of $61,160.00 for a period of three (3) years, with an option to renew for two (2) one-year terms 24
for a total $305,800.00 estimated amount over the total potential term of the contract; and 25
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 26
of staff, deems it to be in the best interest of the citizens and residents to approve the award and 27
authorize the City Manager to sign the Contract for Landscape Maintenance Services for Lots & 28
Alleyways, in response to Bid No.:034-2730-20/RW to the low responsive & responsible bidder 29
L.V. Superior Landscaping, Inc., with a total contract price includes the annual bid amount of 30
$56,160.00 plus an allowance for potential additional services of $5,000 annually for an estimated 31
annual amount of $61,160 for a period of three (3) years, with an option to renew for two (2) one-32
year terms for a total $305,800.00 estimated amount over the total potential term of the contract, 33
shall be the total amount of payment to Vendor for services provided under this contract for the 34
entire term of the contract. 35
Page 29 of 1203
S:\CA\RESO\Agreements\Award of Bid for Landscape Maintenance Services to LV Superior (Lots & Alleyways) - Reso.docx
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 1
CITY OF BOYNTON BEACH, FLORIDA, THAT: 2
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 3
being true and correct and are hereby made a specific part of this Resolution upon adoption. 4
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 5
approves the award and authorizes the City Manager to sign the Contract for Landscape 6
Maintenance Services for Lots & Alleyways, in response to Bid No.:034-2730-20/RW to the low 7
responsive & responsible bidder L.V. Superior Landscaping, Inc., with a total contract price that 8
includes the annual bid amount of $56,160.00 plus an allowance for potential additional services 9
of $5,000 annually for an estimated annual amount of $61,160 for a period of three (3) years, with 10
an option to renew for two (2) one-year terms for a total $305,800.00 estimated amount over the 11
total potential term of the contract, shall be the total amount of payment to Vendor for services 12
provided under this contract for the entire term of the contract. A copy of the Contract is attached 13
hereto and incorporated herein as Exhibit “A”. 14
Section 3. That this Resolution shall become effective immediately. 15
PASSED AND ADOPTED this ____ day of December, 2020 16
CITY OF BOYNTON BEACH, FLORIDA 17
YES NO 18
19
Mayor – Steven B. Grant _____ _____ 20
21
Vice-Mayor – Ty Penserga _____ _____ 22
23
Commissioner – Justin Katz _____ _____ 24
25
Commissioner – Woodrow L. Hay _____ _____ 26
27
Commissioner – Christina L. Romelus _____ _____ 28
29
VOTE ______ 30
ATTEST: 31
32
_____________________________ 33
Crystal Gibson, MMC 34
City Clerk 35
36
(Corporate Seal) 37
Page 30 of 1203
1
CITY OF BOYNTON BEACH
INVITATION TO BID (ITB)
FOR
LANDSCAPE MAINTENANCE SERVICES
LOTS and ALLEYWAYS (LT) and (AW)
ITB No. 034-2730-20/RW
MANDATORY PRE-BID SITE VISIT
CITY OF BOYNTON BEACH
CITY HALL
100 EAST OCEAN AVENUE
BOYNTON BEACH, FL 33435
ONLINE SUBMISSIONS ONLY
BID CLOSING DATE: OCTOBER 27, 2020
NO LATER THAN 2:30 P. M.
Page 31 of 1203
2
INVITATION FOR BIDS
FOR
LANDSCAPE MAINTENANCE SERVICES – LOTS AND
ALLEYWAYS (LT) AND (AW)
TABLE OF CONTENTS
Scope of Services Information .......................................................................................... 3
Section 1 – Scope of Services and Project Information……………………………………….5
Section 2 – Instruction to Bidders ...................................................................................... 18
Section 3 – Bid Submission Requirements ........................................................................ 20
Section 4 – General Conditions ......................................................................................... 22
Section 5 - Special Conditions .......................................................................................... 33
Submittal of General Information, Procurement Forms and Documents
To be Completed and Uploaded Online
Proposer’s Qualification Statement .......................................................................
Anti-Kickback Affidavit ...........................................................................................
Non-Collusion Affidavit of Proposer .......................................................................
Certification Pursuant to Florida STATUTE § 287.135 ...........................................
Draft Contract
Draft Contract Agreement ……………………………………………………………….C1-C6
Insurance Advisory Form ………………………………………………………………..C-7
Exhibit ‘A’
Scope of Services ………………………………………………………………………...C-8
Exhibit ‘B’
Schedule of Prices ………………………………………………………………………..C-9
Exhibit ‘C’
Invitation to Bid (ITB) No.034-2730-20/RW…………………………………………….C-10
Page 32 of 1203
3
INVITATION TO BID (ITB)
034-2730-20/RW
FOR
LANDSCAPE MAINTENANCE SERVICES – LOTS AND ALLEYWAYS (LT) AND (AW)
Electronic Invitation To Bids (ITB’s) shall be received by the bidding system up until: October 27,
2020 No Later Than 2:30 PM (Local Time).
A MANDATORY Pre-Bid Conference is scheduled for October 08, 19 A.M., (local time), to be held
at City Hall 100 East Ocean Avenue, Boynton Beach, FL 33435.
Attendance is mandatory and proof of attendance will be evidence by the Bidder’s signature or
signature of Bidder’s designee on the attendance sheet provided at the site. The Public Works
Department will provide an escort to the site.
MANDATORY SITE INSPECTION
A MANDATORY SITE INSPECTION will take place starting immediately following the Pre -Bid
Meeting. After the pre-bid conference, the City shall provide transport to inspect various site locations
listed in the bid. The Site Inspection Bidder Registration form is included in this bid package and is
required for anyone attending the mandatory site inspections. Bidders that have not performed
the Mandatory Site Inspection at this designated time will be considered non-responsive.
Question Deadline: October 15, 2020, No Later Than 12:00 P.M.
All Bids will be publicly opened online at Boynton-beach.bidsandtenders.net. Bids received after the
assigned date and time are not permitted by the bidding system. For the above reasons, it is
recommended that sufficient time to complete your online Submission and to resolve any issues that
may arise. The closing time and date shall be determined by the Bidding System’s web clock.
ATTENTION, ALL INTERESTED RESPONDENTS:
To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not
provided in any other manner. Maps are available to be viewed online by visiting http://boynton-
beach.maps.arcgis.com/apps/View/index.html?appid=06a9a0bc17d74c479728cffb1feace77.
SCOPE OF ITB:
The City of Boynton Beach is seeking bids for landscape maintenance services for the City’s LOTS
AND ALLEYWAYS (LT) AND (AW). Miscellaneous lots and alleyways shall be mowed regularly once
a month minimum. The overhanging trees shall be maintained to a level of not less than 10’ from
ground for maintenance and pedestrian safety. Any minor debris shall be collected and disposed of.
Major debris piles shall be brought to the attention of the Parks Superintendent or Designee for
determination of how and who is to dispose of the debris.
TERM OF CONTRACT
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 (1)
Page 33 of 1203
4
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.
BONDING: When required by the specifications herein, the successful Bidder shall furnish
Performance and Payment Bonds, and/or Warranty Bond, as stated on in the Bid documents on the
City’s forms within ten (10) calendar days after notification of contract award. Failure to furnish the
required bonds within the time specified may be cause for rejection of the Bid and any Bid deposit
may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair
estimate of the amount of damages the City would sustain due to the Bidder’s failure to furnish said
bonds.
LOBBYING / CONE OF SILENCE
Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach
County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be
imposed upon each competitive solicitation from the time of advertisement and shall remain in effect
until Council awards or approves a contract, rejects all bids or responses, or otherwise takes action
that ends the solicitation process. While the cone of silence is in effect, no Bidder or its agent shall
directly or indirectly communicate with any member of City Commission or their staff, the Manager,
any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award
of a particular contract or member of the Selection Committee in reference to the solicitation, with the
exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code
of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award
of contract to the Bidder. Further, any contract entered into in violation of the cone of silence shall
render the transaction voidable.
The cone of silence shall not apply to oral communications at any public proceeding, including pre-
bid conferences, oral presentations before Selection Committees, and contract negotiations during
any public meeting, presentations made to the City Commission, and protest hearings. Further, the
cone of silence shall not apply to contract negotiations between any employee and the intended
awardee, any dispute resolution process following the filing of a protest between the person filing the
protest and any employee, or any written correspondence with Boynton Beach as may be permitted
by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made
in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual.
PUBLIC RECORDS DISCLOSURE:
Pursuant to Florida Statutes §119.071(1), sealed Bids, Proposal or Responses received by the City
in response to a Request for Qualification or Invitation to Bid are exempt from public records
disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening
of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for
Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to
reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure
until such time as the City provides notice of a decision or intended decision concerning the
competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid,
Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City
notice rejecting all Bids, Proposals, or replies.
Questions related to this ITB are to be submitted to the Purchasing representative through the Bidding
System only by clicking on the “Submit a Question” button for this specific Solicitation.
Page 34 of 1203
5
INVITATION TO BID (ITB)
No. 034-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – LOTS AND ALLEYWAYS (LT) AND (AW)”
SECTION 1 –SCOPE OF SERVICES AND GENERAL REQUIREMENTS
1.1 BID 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 (1) 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.
1.2 BASIS OF AWARD:
While it is the intent of the City to award the bid to one vendor who is the lowest responsive
and responsible Bidder as determined by the city, the City reserves the right to make multiple
awards. The City reserves the right to reject all bids, waive non-material errors in the bids, to
abandon the project and to solicit and re-advertise for other bids.
Once opened, the bids will be tabulated and evaluated by the City before recommendation
and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or
reject any or all bids for any reason whatsoever. The City further reserves the right to waive
irregularities and technicalities and/or to request resubmission. There is no obligation on the
part of the City to award the bid to the lowest Bidder, or any Bidder. The City reserves the
right to make the award to a responsible Bidder submitting a responsive bid most
advantageous and in the best interest of the City. The City shall be the sole judge of the bids
and the City’s decision shall be final.
1.3 SCOPE OF WORK TO BE PERFORMED:
1.3.1 PURPOSE
The purpose and intent of this invitation to bid is to establish a Contractor who provides
landscape maintenance services within the City of Boynton Beach. The Contractor shall
provide quality workmanship is expected to be superior and high level at all times, and
detailed service is expected in all areas serviced. The highest level of service will be provided
by the awardee, with care and compassion for the City’s residents and patrons.
Page 35 of 1203
6
The Contractor shall remove all litter, debris and trimmings during every service. Dead plants
will be removed and noted in the monthly report. Significant problems with safety, health of
plants, infestations should be brought to the attention of the Director of Public Works or
Designee immediately.
The city is expecting the awardee to be vigilant and ascertain preservation in the city’s behalf
when it pertains to the aesthetics of the awarded sites. The City is relying on the Awardee to
be responsible and accountable for the landscape materials left in their care. If neglect is
shown on the part of the Awardee, the City will hold the Awardee responsible for the
replacement of any and all of the plant materials that are shown to perish under their care.
The Awardee(s) must at all times adhere to the City of Boynton Beach’s Code of Ordinances,
Part III – Land Development Regulations, Chapter 4 – Site Development Standards, Section
4 - Standards.
1.3.2 TECHNICAL SPECIFICATIONS AND SCOPE OF WORK:
LOTS AND ALLEYWAYS (LT) AND (AW):
The Contractor shall maintain Miscellaneous lots and alleyways shall be mowed regularly
once a month minimum. The overhanging trees shall be maintained to a level of not less than
10’ from ground for maintenance and pedestrian safety. Any minor debris shall be collected
and disposed of. Major debris piles shall be brought to the attention of the Parks
Superintendent or Designee for determination of how and who is to dispose of the debris. All
general maintenance shall be provided with the provisions listed in section 4 of this contract.
The scope of work shall include but not be limited to the furnishing of all labor, materials,
equipment, and incidentals required for: mowing, trimming, edging and weeding of all
landscaped areas, including turf areas, flower beds, shrub beds, and ground cover beds, pest
control/herbicide treatment, fertilization, mulching, blowing sidewalks, and roads as needed,
and the removal of all litter and landscape debris, such as fallen palm fronds while on site.
All trees shall be trimmed to allow for a 10’ clearance at all times and is part of general
maintenance requirements.
Minor irrigation repairs are expected as part of the monthly service. Replacement parts
including heads, nozzles and rotors will be provided by the City upon receipt of request form
submitted with monthly wet check reports.
Before any repairs are to be made, the Director of Public Works or Designee will verify the
area of concern and make the determination as to whether the Awardee shall make the
repair or if the City will repair the system. If Awardee is selected to make the repair, the City
will furnish the parts, repairs will be completed and damaged or old parts will be returned to
the Director of Public Works or Designee for verification.
As part of contractors site inspection any areas that are not up to standards must be brought
into compliance within the first ninety (90) days of the contract and any costs associated with
this process shall be included as part of the per service cost and paid out as part of the
monthly payment over the contract term. These items will inc lude initial weed control,
removal of dead plants, trimming of trees, pruning of shrubs and ground cover, removal of
exotic and/or invasive trees and plants.
Page 36 of 1203
7
1.3.2.1 MAINTENANCE FREQUENCY:
The work shall commence upon Notice to Proceed. All maintenance sites shall be completed
according to the time frame set out in this Bid Specification.
The Awardee shall complete the work in the number of consecutive calendar days set forth in
this specification, unless the date of maintenance is extended pursuant to the approval of
the Director of Public Works or Designee. The Awardee shall provide to the Director of Public
Works or Designee a complete schedule of when work is to be performed on each site. Any
changes must have prior authorization and agreement between the City and the Awardee in
writing.
1.3.2.2 MAINTENANCE SCHEDULING
If the Awardee has an unf oreseen circumstance, the Contractor may service a site 24 hours
prior to the initial maintenance scheduled date or 24 hours thereafter with prior written
approval from the Director of Public Works or Designee. The Director of Public Works or
Designees shall be the sole judge of what constitutes an unforeseen circumstance.
During drought conditions or acts of God, the Parks and Grounds Maintenance Department
reserves the right to suspend any and/or all parts of this award and payment with a 24 -hour
notice to the Awardee. The Parks and Grounds Maintenance Department will provide a 24-
hour notice for re-institution of the award.
It is the Awardee’s responsibility to perform the requirements as set forth in this award. Any
delays in service due to adverse we ather shall only occur with prior written approval from
the Parks and Recreation representative, or within 48 hours to ensure scheduled service has
been performed. There shall be no provision provided for rain delays.
The section below (Section 4) shall be printed, given to the crew leader and kept with them
while service is performed so the crew is aware of all requirements while on site. In the future
the city will provide an application (app) usable on smartphones with a checklist to be
completed prior to leaving site.
1.3.2.3 MAINTENANCE AREA REQUIREMENTS:
Pre-inspection of the sites shall be done prior to performing maintenance. This shall include
de -littering the site, including any illegal dumping present on site. The trash, debris, signs,
etc., shall be disposed of properly at the expense of the Awardee. Mowing of all turf areas
within the site includes right of ways, perimeter roads, waterway banks (to mean high water
line), and excludes natural maintained areas. All material cleaned up must be removed
from the worksite and disposed of in a recognized landfill or incinerator at the expense
of the Awardee. Blowing or sweeping debris into the street or storm water inlets is prohibited.
Page 37 of 1203
8
On the Bid Sheets, the (Number of Applications) refers to the number of times the site will
receive a service. The number of services is as follows:
1 = 1 service per year
12 = 1 service per month
18 = 1 service per 3 weeks
26 = 1 service per 2 weeks
52 = 1 service per week
104 = 2 services per week
156 = 3 services per week
Basic Maintenance per service includes:
a. Mowing (weed eating and blow off included)
b. Shrub Trimming
c. Edging
d. Weed Control
e. Pruning up to 10 feet (from existing grade)
f. Monthly irrigation wet checks (including minor repairs)
g. Monthly reports
The additional bid sheet items are for services not included in Basic Maintenance, Mulching,
Fertilizers, or Pesticide applications, but may be required from time to time. Prices should
be provided so that the City deem necessary; the additional work can be assigned for the
predetermined price.
SIDEWALK(S) - Paths, trails , sidewalks, and other impervious improvements within site
perimeter shall be edged on both sides using mechanical edgers. All grass and weeds
growing in the cracks shall be removed. Any herbicide used to retard growth must include
a tracer and be approved by the Director of Public Works or Designee in writing prior to
use. Grass and weeds killed with herbicides must be removed after five to seven days.
Paths, trails, and sidewalks shall be blown free of all grass, weeds, dirt, sand and any foreign
material or debris. Limbs hanging over sidewalks must be trimmed to a height of 10 feet
from the ground. Blowing or sweeping debris into the street or storm water inlets is
prohibited. Any limbs impeding walking, playing, biking, or general maintenance shall be
removed to a height of no less than 10 feet ONLY AFTER visual review of the Director of
Public Works or Designee and authorization from the City.
CURBS, GUARDRAI LS, AND ROADWAYS - Shall be edged with mechanical edgers,
trimmed, swept or blown free of all grass, weeds, shrubs, groundcover, dirt or foreign
material and debris. All plant material shall be maintained a minimum of 18 inches
behind the back of the curb. At no time should plant material be allowed to cover or
Page 38 of 1203
9
obstruct the curb line. Curbs that abut with concrete or asphalt walks shall be cleaned of
grass, weeds, shrubs, sand, gravel, trash, debris or anything unsightly. All grass or weeds
growing in or through cracks or breaks, or through concrete or asphalt shall be removed
using the same guidelines as above. All materials cleaned up shall be removed and
disposed of at the expense of the Awardee. Blowing or sweeping debris into the street or
storm water inlets is prohibited. Maintain plant material 5 feet off guardrail.
NON-CURB AREAS - Any roadways where no curb or gutter exists shall be edged to the
edge of the pavement during each cycle. W here no curb exists, keep all plant material,
mulch, etc. a minimum of 36” off of roadway and/or shoulder. Any limbs impeding walking,
playing, biking, or general maintenance shall be removed to a height of no less than 10 feet
ONLY AFTER visual review of the Director of Public Works or Designee and authorization
from the City.
STORM SEWER/DRAINAGE GUTTERS, INGROUND UTILITY BOXES AND TREE
GRATES ON SITE OR DIRECTLY ABUTTING SITES - Shall be cleaned and left free of
all grass/weed clippings, sand, rocks, foreign material, or other unsightly material. Any
broken, damaged, or missing grates must be reported to the city representative immediately.
No sand, debris, or other item shall be blown into storm drains per City code.
LITTER - The Awardee shall remove trash from work area per scheduled maintenance visit
prior to mowing. All illegal dumping should be reported to the Parks Representative
upon arriving at the site. Do not relocate any trash, debris or junk from one area to an
adjacent lot or any unauthorized area as this is in violation of City of Boynton Beach
Ordinances and could jeopardize your position of being able to conduct business with the
City. Trash shall be disposed of at the County landfill, incinerator or other legal and
acceptab le means at the expense of the Awardee.
TURF MOWING - Mo wer blades shall be set at a mowing height of three inches (except Town
Square Bermuda grass which will be 1”), or as directed by the Director of Public Works or
Designee. All mowing decks should be cleaned prior to mowing to prevent contamination
from other locations. Blades must be kept sharp at all times during mowing of grass. All turf
areas shall be litter free prior to mowing. Pre-inspection of the site shall be done prior to
performing maintenance. This shall include de -littering the site and removal of all snipe signs
within the park or right of way area. The trash, debris, signs, etc. shall be properly disposed
of. Extreme caution shall be used when working around parked vehicles, exposed tree roots,
and visitors. The Awardee must use mulching mowers and/or mower shoots with a rear
discharge and all safety features, including blade guards, must be engaged and in use at all
times.
LINE TRIMMING - Line trimmers may be used to trim around telephone poles, sign posts,
buildings, play and ancillary equipment, and along and around fences (includes chain link,
post and rail, and bollards), etc. After areas have been sprayed with glyphosate and show
signs of being dead, the Awardee shall be responsible for removal within 7 days. No blades,
line only around trees, shrubbery, litter receptacles, fountains, and irrigation controllers. Line
trimmers must not be used within any three-foot tree ring. The awardee shall be held
responsible for all damage to tree trunks, coping, or other ornamental materials.
EDGING - All edging shall be done during each maintenance cycle and with a mechanical
edger. Line trimmers and trimmers with blades shall not be an acceptable practice.
Page 39 of 1203
10
LANDSCAPE BED MAINTENANCE - Beds shall be free of weeds. Maintenance of all b ed
areas shall be completed every visit. Plant materials within the beds shall be maintained
within the boundaries of beds, not allowed to encroach upon turf areas, sidewalks,
walkways, curbs, guardrails or roadways, etc. Plant materials shall be maintaine d at an
approved level of growth unless otherwise specifically identified by the Director of Public
Works or Designee. Plant material and shrubs installed at tips of medians that could interfere
with maintenance of traffic site lines shall be maintained year around at a height of no more
than 18” inches from the road surface or 18” from the curb elevation in any area identified
as being in a sight triangle. There shall be a clear line of definition between plant species in
all beds. Plants shall not be allowed to encroach or cover other plant species within the same
bed.
MULCH - The Director of Public Works or Designee shall be the only authorization, as to, if
mulch is to be applied, how, and where at each maintained area.
Mulch, shell or other ground covering should not be included in bidders per service price, but
as separate option pricing as indicated in ADDITION/DELETION COST BREAKDOW N
page of the Bid Response Pages. NOTE: The cost of materials and labor for mulch are a
separate line item on the Bid Response Page and should not be incorporated in the service
cost per location price. Bid shall consist of the installation of mulch in a uniformly applied
application of a minimum of 3” deep, except for play areas and around play equipment which
will be determined by the fall height guidelines in accordance with the International Play
Equipment Manufacturer’s Association (IPEMA).
Guidelines for Mulch Application (if applicable): A t no time shall a different mulch material(s)
be applied over an existing type of mulch unless approved by the Director of Public Works
or Designee. Mulch shall be installed during November and December of each award year
and must be installed within thirty (30) working day s. A minimum mulch depth of three
inches ( 3 ” ) shall be applied upon approval. Awardee shall supply all mulch, labor and
equipment. Mulching material shall be horticultural grade “shredded Grade A”. No cypress
mulch shall be used. Mulch shall be Florida Eco-Mulch, eucalyptus, or other Parks and
Grounds Maintenance Department approved material. Mulch color material shall be
determined by Director of Public Works or Designee.
Frequency: Annually per location or as directed by the Contract Administrator. It is the
awardee’s responsibility to maintain a consistent mulch area all year long. If areas are
damaged or washouts occur, the awardee will replace the mulch in that area as part of this
BID.
a. At no time will mulch be allowed to flow into a street or over curb lines.
b. Mulch must be free from any foreign matter, weeds, seeds, or insects and must not
contain large pieces of bark or more than 10% bark by volume.
c. All areas where mulch is to be installed must first be clear of all weeds.
d. Existing mulch that is 3 inch or thicker must be removed prior to the installation of new
mulch.
e. Mulch shall be placed 3 inches away from base of plant.
Page 40 of 1203
11
f. Mulch shall be placed 6 inches from tree trunks.
g. Mulch (for common areas/plant beddings) must meet requirements of FS Q-P 166E
Class B for coarseness classification and be horticultural grade “shredded Grade
A”. Mulch (for play areas) must be in compliance with the American with Disabilities
Act (ADA), the Architectural Barriers Act (ABA) Standard approved and
International Play Equipment Manufacturer’s Association (IPEMA) certified.
TREE RINGS - Three-foot diameter rings shall be maintained around those that have
established rings. The use of mechanical edger is preferred. These rings shall be maintained
with three to four inches of mulch unless prior approval by the Director of Public Works or
Designee. Line trimmers shall not be used within this three -foot ring. Glyphosphate or other
chemicals shall not be applied directly on the bark or foliage of any plants, trees, or shrubbery.
INSECT/PEST CONTROL - All plants, shrubs and tree materials shall be inspected at time
of work insects/pests and appropriate methods shall be taken to control insects/pests found
through t he use of approved insecticides/pesticides. Amdro is approved for fire ants. All
other chemicals shall be pre-approved by the Director of Public Works or Designee as
detailed in the technical specifications.
ALL TREES AND PALMS - Trees and Palms shall be trimmed annually or as needed for
public safety, in all median and parkway areas, and from walkways and vehicular traffic areas
within the medians and parkways to present an aesthetic appearance, to encourage healthy
vigorous growth, and to mainta in effective safety procedures. Crown Reduction,
Restructuring, uplifting, or Removal should not be included in bidders per cycle price, but as
separate option pricing as indicated in ADDITION/DELETION COST BREAKDOW N page of
the Bid Response Pages.
However , occasional pruning is required for any limbs or branches that block site distances,
impede pedestrian or automobile traffic as part of each service. Maintain a minimum of 10’
clearance over all pedestrian and 16’ over traffic areas. Cuts shall be made with sharp an d
proper tools. When cutting parts of branches, leave a living bud at the end of the stub. Make
cuts sufficiently close to parent stem so that healing can readily start under normal conditions.
Limb cuts shall be clean and at the collar of each limb. Pruning shall also be required from
time to time to remove branches damaged from storms, frost or when blocking site lines, etc.
Suckers and waterspouts shall be removed from the base of all trees during the maintenance
period.
All tree trimming will be completed by a certified as an ISA Certified Arborist from the
International Society of Arboriculture certification shall be on file with the City at all times. ISA
standards are expected in relation to collar cuts, restructuring, or crown reduction. Up-Lifting
is not allowed unless determined by the City Landscape Architect.
FERTILIZER - The Director of Public Works or Designee shall be the only authorization as
to if fertilizer is to be applied, how, and where at each maintained area. The City may
authorize one or several awardees to apply fertilizer to all maintained areas. Please
reference bid sheets and include price per square foot of fertilization. If awarded, the Awardee
shall give written notice to the Director of Public Works or Designee and provide fertilizer
labels for review, four weeks prior to servicing sites with fertilization. All Federal, local, state
and county regulations must be adhered to.
Page 41 of 1203
12
1.3.2.4 FERTILIZER SPECIFICATIONS
All landscape beds, trees and plant material, shall be fertilized (upon direction of Director of
Public Works or Designee) a maximum of twice (2X) per the below ratio and/or season
schedules. All fertilizer shall be applied with ratios stated below:
Turf, Plants, Trees & Palms - Mid-March to Mid-April & November Areas with Special
needs:
PF/SE/007 - Pence Park - Bermuda on the ballfield and St. Augustine in park.
PF/SW/003 - Congress Ave. Barrier Free Park - Bahia and St. Augustine turf
PF/NW/004 - Fire Station #5 - All Bahia
PF/NW/007 - Ezell Hester Center - Bermuda ball fields and St. Augustine
PF/NW/005 - Galaxy Park - Bermuda ball field and St. Augustine
PF/NW/017 - Carolyn Sims Center - Bermuda ball field and St. Augustine
St. Augustine & Bahia Turf 24-0-11 (approximately 50% slow release)
Nitrogen – 24% urea Nitrogen
Soluble Potash – 11%
Plus – Sulfur, Iron, Manganese, Chlorine
Bermuda & Zoysia Turf 15-0-15 (approximately 50% slow release)
Nitrogen – 4.5% Ammoniacal Mitrogen and 10.5% Urea Nitrogen
Soluble Potash – 15%
Trees – 7-1-7 (slow release)
Nitrogen - .39% Ammoniacal Nitrogen & 6.61% Urea Nitrogen
Available Phosphate – 1%
Soluble Potash - 7%
Plus – Sulfur, Iron, Manganese, Chlorine
Palms - 10-4-12 (slow release)
Nitrogen – 5% Ammnoniacal nitrogen & 5% Urea Nitrogen
Plus – Magnesium, Sulfur, Boron, Iron, Manganese, Chlorine
Flowering Shrubs – 14-14-14 (approximately 50% slow release)
Nitrogen – 5.45 % Ammoniacal Nitrogen & 8.55% Urea Nitrogen
Available Phosphate –14%
Soluble Potash - 14%
Plus – Sulfur, Iron, Manganese, Chlorine
Non-Flowering Shrubs - 13-3-13 (slow release)
Nitrogen –1.15% Ammoniacal Nitrogen &11.85% Urea Nitrogen
Available Phosphate –3%
Soluble Potash - 13%
Plus – Magnesium, Sulfur, Iron, Manganese, Chlorine
WEED CONTROL - Controlling weeds with chemicals in all lawns, bed areas, concrete
slopes, tree grate areas, planters, etc., shall be in compliance with product labeling and the
State of Florida Agriculture Department’s Extension Service. W eed control shall be
Page 42 of 1203
13
performed at the early signs of weed growth and shall be repeated as required. The
manufacturer’s written instructions shall be strictly adhered to for application rates, etc.
Chemical herbicides may be used along building edges, tree wells, bed areas, etc., as long as
the appearance of dead vegetation is not apparent. Any damage to existing turf or plant material
due to herbicidal over-spray shall be the responsibility of the Awardee, and will be replaced at
their cost. The Awardee shall use an approved herbicide with tracer, which is recommended
for the control of the types of weeds encountered. The manufacturer’s written instructions shall
be strictly adhered to for application rates, etc. All weeds and refuse shall be removed from
the site as the work is in progress. Weed control by hand and/or spraying shall be completed
at the time of service or as specified by the Director of Public Works or Designee.
1.3.2.5 MAINTENANCE REQUIREMENTS SUMMARY:
a. The Contractor shall mow, weed, edge, trim, prune and blow and/or sweep off hard
surfaces as per maintenance frequencies of service.
b. The Contractor shall conduct irrigation wet check, minor irrigation repairs including
nozzle, head or rotor replacement.
c. The Contractor shall apply weed control in turf per the frequency of service.
d. The Contractor shall r eport Graffiti and Illegal Dumping per the frequency of service.
e. The Contractor shall check trees/shrubs for disease and insects and report accordingly
as per maintenance frequencies of service.
f. The Contractor shall prune trees up to 14 foot as needed upon discretion of The
Director of Public Works or Designee.
g. The Contractor shall fertilize on a biannual basis and advise of monitoring thirty (30)
days before application.
h. The Contractor shall mulching annually upon discretion of The Director of Public Works
or Designee.
i. The Contractor shall conduct mangrove trimming on an as needed basis, upon the
discretion of The Director of Public Works or Designee.
j. The Contractor shall conduct fire ant control on an as needed basis, upon discretion
of The Director of Public Works or Designee.
k. The Contractor shall conduct bee removal on an as needed basis upon discretion of
The Director of Public Works or Designee.
NOTE: It is the Awardee’s responsibility to meet all specifications set forth above.
1.3.3 PERFORMANCE WARRANTY:
The vendor shall guarantee all work, equipment and materials included in the service against
any defects in workmanship; and shall satisfactorily correct, at no cost to City, any such defect
Page 43 of 1203
14
that may become apparent within a period of one year after completion of work. The warranty
period shall commence upon date of acceptance, inspection and approval by City
Representative only. If the vendor is notified in writing of a deficiency in the work provided,
within one year from completion of the work, the vendor shall, at City's option, re- perform the
work in question at no additional cost to City, or refund the original charges for the work in
question to City, including the difference in cost if any, to re-perform the work if completed by
another vendor.
1.4 GENERAL REQUIREMENTS
A. REFERENCES:
Bidders shall complete reference document submitted with their bid of at
least three (3) letters of reference from customers attesting to satisfactory
performance of awards performed within the past two years, each reference
must have been for contracted landscaping maintenance services on
properties consisting of at least 1 acre, and includes all of maintenance
request items listed herein. This reference list shall be complete with
contact person(s), telephone numbers, and email addresses. Please do not list
the City of Boynton as a reference.
NOTE: The information requested must include a current contact name, phone number and
email address for each reference.
B. COMMUNICATIONS:
The contractor or his/her representative will meet with the City’s contract administrator every
other Monday, to discuss schedules, problems, needs, and mutual areas of concern.
C. QUALIFICATIONS:
The bidder shall provide references on the accompanying sheets in this bid package. The
Bidder shall be qualified in the landscape maintenance service field for a minimum of 5 years.
The bidder shall show that they have provided similar service in accordance with the bid
documents, and a review of a sample area (street address) shall be provided for review of
previous work quality expected in the bid documents.
The bidder(s) must have adequate organization, facilities, equipment and personnel to insure
prompt and efficient service. The City of Boynton Beach (COBB) reserves the right, before
recommending any award, to inspect the facilities to determine ability to perform. The City of
Boynton Beach COBB reserves the right to reject bids where evidence submitted,
investigation and/or evaluation, is determined to indicate inability of the bidder to perform.
All questions submitted (along with their source) are subject to Public Records Laws and as
such will be available for inspection upon receipt of a Public Records Request.
D. SECURITY AND ACCESS:
All contract/sub-contract employees will display City issued photo identification badges while
working on City premises. No contract/sub-contract employee will be allowed access to any
City facilities area without displaying the required City issued photo identification badge,
Page 44 of 1203
15
wearing uniform shirts clearly identifying the company’s name, and wearing closed toe, rubber
soled shoes at all times. Also, while shorts are acceptable, they cannot be more the 3” above
the knee caps.
The contractor/sub-contractor will work in several areas which are:
1. Under secured access
a) Shall be maintained in a secured condition and will be locked immediately upon
the contractor completing their work.
2. Generally opened to the public for meetings, rentals, and other uses.
E. SUB-CONTRACTING:
If a vendor intends to sub-contract any portion of this bid for any reason, the name and address
of the subcontracting firm must be submitted with the bid or prior to use for approval. No sub-
contracting will take place prior to bid-awarded vendor furnishing this information and
receiving written approval from the COBB. Subcontractors will be required to conform to the
Jessica Lunsford Act as noted in the Instructions to Bidders document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed in
the proper performance of an award or failed to deliver on-time contracts of a similar nature, or
who is not in the position to perform this award. The Contract Administrator reserves the right
to inspect all facilities of any subcontractor in order to make determination as to the foregoing.
The subcontractor will be equally responsible for meeting all requirements specified in this
Invitation to Bid. Vendors are encouraged to seek minority and women business enterprises for
participation in sub-contracting opportunities. The sub-contractor shall be equally responsible
for meeting all requirements specified in this Invitation to Bid.
F. PAYMENT TERMS:
Payment will be made after the goods/services from the awarded vendor have been
received/completed; inspected and found to comply with award specifications, free of damage
or defect; and a properly billed invoice is received and processed in the Accounting Services
Department.
Payment will not be processed until the following occurs:
1. The complete and satisfactory receipt of all items ordered. All pricing in accordance
with the bid.
2. The receipt of a properly billed invoice sent to the Contractor Administrator.
3. The contract shall be paid in 12 equal monthly installments.
Invoices to the COBB MUST include the following to permit verification of prices and
expedite payment to vendors:
1. Name and Address of Vendor
2. A Unique Invoice Number
3. Date of Service(s)
4. Itemized pricing to include copy of vendor’s invoice for any equipment and parts used
(including mark-up as specified in Attachment “C”.
5. City of Boynton Beach Purchase Order Number
Failure to timely submit invoices(s) within 30 days to the Contract Administrator as set forth
above may significantly delay processing and payment of the invoice.
Page 45 of 1203
16
The above terms and conditions are agreed to by submitting an offer on this bid.
G. INCORRECT PRICING ON INVOICES:
Any pricing on invoices that are incorrect or freight charges that were not included on the
original Purchase Order, must be brought to the attention of the Contract Administrator and
corrected prior to the shipment(s) of goods or initiation of services. Additional costs that were
not brought to the Contract Administrator’s attention and did not receive written approval via a
Change Order issued by the Buyer may not be honored.
H. CHANGE ORDERS:
Any addition(s) to the Scope of W ork or to a Purchase Order as a result of the bid award that
adds additional costs must be brought to the Contract Administrator’s attention and approved
by the Purchasing Department prior to commencement of additional work, shipment of goods
or the addition of unauthorized freight charges. Once approved, a Change Order will be issued
to include the additional costs and work may commence and/or shipment of goods can begin.
Additional costs that were not brought to the Contract Administrator’s attention and did not result
in a Change Order approved by the Buyer may not be honored.
I. COMPLETION OF SERVICES AND LIQUIDATED DAMAGES:
The completion date for repairs or projects shall not exceed quoted or set project schedule,
unless written request for extension and the approved authorization has been granted. Should
the bidder to whom the repair work is awarded, fail to complete the work within the number of
days stated in the quote, the COBB reserves the right to:
1. The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount
of damages which the City will suffer in the event the Contractor does not timely complete
the scope of work and/or perform to the technical specifications as outlined in the bid
documents and contract. The Contractor and City agree these liquidated damages shall be
assessed as damages, as provided in the Contract, and that they are not, and shall never be
considered to be a penalty.
2. Liquidated damages due to the City may be deducted from payments due the Contractor, or
may be collected from the Contractor or his Surety. These provisions for liquidated damages
shall not prevent the City, in case of the Contractor’s default, from terminating the right of the
Contractor to proceed as provided in the Contract.
3. Upon the occurrence of any failure to perform, the City shall notify the Contractor in writing
of the nature of the failure and of City's intention to request corrective action(s), assess
liquidated damages or either terminate the Contract.
4. Upon receipt of any such notice, Contractor, unless the notice requires otherwise:
a. Shall promptly make every reasonable effort to correct all items listed in the notice
satisfactory to the City’s requirements within one (1) calendar day;
b. Failure to correct all items within three (3) calendar days will result in damages being
assessed as shown below under Section 1.5 – Liquidated Damages:
Page 46 of 1203
17
c. Failure to correct for the same item three (3) times in a ninety (90) day period will
automatically be grounds for termination of the contract.
5. Liquidated Damages – The Liquidate Damages shall be assessed as follows:
Service item % reduction in monthly payment
a. Missed/Noncompliant Mowing of Turf/Grass 12.5% per occurrence
b. Missed/Noncompliant Trimming/Pruning 20.0% per occurrence
c. Missed/Noncompliant Litter Control 1.25% per occurrence
d. Missed Wet Check 10.0% per occurrence
e. Missed/Noncompliant Edging/Line Trimming 1.25% per occurrence
f. Missed/Noncompliant Weed Control 10.0% per occurrence
If the COBB exercises one of these options, the COBB may at its option request payment from
the bidder through invoice or credit memo, for any additional costs over and beyond the original
quoted prices, which were incurred by the COBB as result of having to secure the services
elsewhere or for liquidated damages. If the bidder fails to honor this invoice or credit memo, the
COBB may remove that bidder from the contract.
J. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER:
The successful Bidder shall promptly correct all deficiencies and/or defects in work and/or any
work that fails to conform to the Contract Documents; whether or not fabricated, installed or
completed. All corrections shall be made within 24 hours after such rejected defects,
def iciencies, and/or non-conformances are reported in writing (email, memo, inspection
reports, etc.) to the Bidder by the Contract Administrator or designee. The Bidder shall bear
all costs of correcting such reject ed work. If the Bidder fails to correct the work within the period
specif ied; the COBB may, at its discretion, notify the Bidder, in writing, that the Bidder is
contractually def ault and obtain the services of another vendor to correct the deficiencies, and
charge the Bidder for these costs; either through a deduction from the final payment owed to
the Bidder or through invoicing.
Page 47 of 1203
18
INVITATION TO BID (ITB)
No. 034-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – LOTS AND ALLEYWAYS (LT) AND (AW)”
SECTION 2 – INSTRUCTIONS TO BIDDERS
2.1 Electronic Invitation to Bid (ITB’s) shall be received by the City’s e-Procurement bidding
system no later than: October 27, 2020 No Later Than 2:30 PM (Local Time).
2.2 Late responses are not permitted by the bidding system. It shall be the sole responsibility of
the Bidder to have their ITB submittal submitted online.
2.3 Bidders shall acknowledge receipt of any addenda through the Bidding System by checking
a box for each addenda and any applicable attachment.
2.4 It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders
should check online at Boynton-beach.bidsandtenders.net prior to submitting their bid and up
until the ITB closing time and date in the event additional addenda are issued.
2.5 To obtain documents online please visit Boynton-beach.bidsandtenders.net. You may preview
the ITB documents with a Preview Watermark prior to registering for the opportunity.
Documents are not provided in any other manner.
2.6 ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System.
Hardcopy submissions are not permitted.
2.7 Bidders are cautioned that the timing of their bid submission is based on when the bid is
RECEIVED by the bidding system, not when a bid is submitted, as the submittal transmission
can be delayed due to file transfer size, transmission speed, etc.
2.8 For the above reasons, it is recommended that sufficient time to complete your bid Submission
and to resolve any issues that may arise. The closing time and date shall be determined by
the Bidding System’s web clock.
2.9 Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior
to the closing time and date, if they encounter any problems. The Bidding System will send a
confirmation email to the Bidder advising that their submittal was submitted successfully. If
you do not receive a confirmation email, contact bids&tenders support at
support@bidsandtenders.net.
2.10 Late Submittal Responses are not permitted by the Bidding System.
Page 48 of 1203
19
2.11 To ensure receipt of the latest information and updates via email regarding this Invitation to
Bid, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the
Bidder to create a Bidding System Vendor account and register as a Plan Taker for the
Solicitation.
2.12 All expenses for making ITB responses to the City are to be borne by the Bidder.
2.13 A sample draft agreement that the City intends to execute with the successful firm(s) is
contained within this Invitation to Bid for review. The City reserves the right to modify the
contract language prior to execution.
2.14 Each Bidder, by submission of a bid response, acknowledges that in the event of any legal
action challenging the award of an ITB; damages, if any, shall be limited to the actual cost of
the preparation of the ITB.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
Page 49 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
INVITATION TO BID (ITB)
No. 034-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – LOTS AND ALLEYWAYS (LT) AND (AW)”
SECTION 3 – BIDDER SUBMISSION REQUIREMENTS
3.1 SUBMISSION OF INVITATION TO BID
A. The Contractor shall provide all services and necessary items of expense, including but not
limited to labor, material, trucking, transportation, equipment, power, supervision, and all other
services and items of expense required for the complete performance of all Work.
B. Pay legally required sales, consumer, and use taxes.
C. Pay all charges by all suppliers and subcontractors to the Contractor for such work as
supporting, replacing, moving or providing protection for their facilities as necessitated by the
Contractor's operation.
D. Pay all costs of restoration of pavements, landscaping, and structures damaged by the
Contractor's operation, including all staging areas solely to the satisfaction of the City
E. Give all required notices.
F. Comply with laws, codes, ordinances, rules, regulations, orders, and other legal requirements
of public or quasi-public authorities that bear on the performance of the work.
G. The Contractor shall be responsible for safely barricading open excavations which may
present hazards.
H. The Contractor shall be responsible for securing all tools, equipment and material at the job
site.
I. Ensure that all personnel are properly dressed with OSHA approved clothing and safety gear,
including but not limited to hard hats, work shoes, shirts and long pants, as appropriate for the
performance of the Work.
8. Submittal of General Information and Procurement Forms and Documents
Procurement forms must be completed, signed, notarized, uploaded and or
acknowledged when required and submitted. In addition, all other requests and
supporting documentation should be included.
A) Bidder Qualification Statement – Upload Online
B) Addenda Acknowledgement – Online Acknowledgement
C) Anti-Kickback Affidavit – Upload Online
D) Non-collusion Affidavit of Bidder – Upload Online
E) Confirmation of Minority Owned Business - Online Form
F) Certification Pursuant to Florida Statute § 287.135 - Upload Online
G) Confirmation of Drug Free Workplace - Online Acknowledgement
Page 50 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
H) Palm Beach Inspector General - Online Acknowledgement
I) Local Business Certification - Online Form
J) Statement of Non-Submittal (if applicable) - Online Form
K) Schedule of Sub-Consultants – Online Form
L) Submit current Florida Professional License, including evidence of
possession of required licenses or business permits – Attach and Upload
M) Submit proof of Professional Liability Insurance at the levels identified on the
Insurance Advisory Form – Attach and Upload
N) Submit any Supplemental information relative to this ITB – Attach and
Upload
O) Mandatory Pre-Proposal Conference and Site Visit will be held at 10 AM on
October 08, 2020 at CITY OF BOYNTON BEACH CITY HALL, 100 EAST
OCEAN AVENUE, BOYNTON BEACH, FL 33435. Attendance is mandatory.
O) Question Deadline: October 06, 2020, No Later Than 12:00 P.M.
3.1.1 PROOF OF LICENSING:
The Contractor shall submit proof of current licensing, ISA Arborist Certification, Professional
Mangrove Trimming Certification, herbicide and pesticide licenses, and MOT Certification and shall
maintain continuous licensing throughout the award period.
BID SHEET IS A
SEPARATE DOCUMENT
WHERE YOU WILL INPUT
PRICES WITHIN THE
SYSTEM
Page 51 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
INVITATION TO BID (ITB)
No. 034-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – LOTS AND ALLEYWAYS (LT) AND (AW)”
SECTION 4 – GENERAL CONDITIONS
DEFINITIONS AND TERMS:
The terms used in these specifications are defined as follows:
OWNER: CITY OF BOYNTON BEACH
OWNER’S
REPRESENTATIVE: GARY DUNMYER, PE, CITY ENGINEER
PROJECT MANAGER: MATTHEW DOYLE, RLA, CITY LANDSCAPE ARCHITECT
CONTRACTOR: The person, firm or corporation with whom this Contract is executed by
the Owner.
SUBCONTRACTOR: Any person, firm or corporation other than the Contractor supplying
material or labor for work at the site of the project. Such person or firm
has contractual relations with the Contractor, but not with the Owner.
CONTRACTOR LICENSE
REQUIREMENT: Registered Certified General Contractor, Registered Landscaping
Contractor, ISA Certified Arborist
SURETY: Any person, firm or corporation that has executed as Surety the
Contractor’s performance bond securing the performance of this Contract.
CONTRACT: The agreement executed by the Owner and the Contractor covering the
work to be performed and including all Contract Documents.
SPECIFICATIONS: The detailed written description of the work.
Page 52 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
DRAWING(S): The drawings listed and described in the Contract Documents.
PROJECT: The entire services or installation to be performed as set forth in the
Contract Documents.
CLAIMS AND NOTICES: A notice is defined to be information rendered by either party to the other
upon a condition becoming known pursuant to the following requirements.
All claims, requests, substitutions, changes, notice, delays and any and all
other forms of notices or claims by the Contractor to the Owner or Engineer
must be in writing and promptly presented. If none is so made, it is
irrefutably presumed not to have been given by the Contractor to the Owner
or Engineer.
1. FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance
with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect
the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way
relieve bidder of responsibility to adhere to such regulations.
2. ITB FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and
descriptive information must be legibly entered. The bidder must state the price and the time of
delivery for which they propose to deliver the equipment or service requested. The bidder IS required
to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place
all required bid forms in a sealed envelope that has the company’s name and address, Bidder title,
number, Bidder date and time on the outside of the sealed envelope. Bidders not submitted on
appropriate proposal forms may be rejected. All Bidders are subject to the conditions specified herein.
Bidders which do not comply with these conditions are subject to rejection.
3. EXECUTION OF ITB: ITB must contain a manual signature of an authorized representative in the
space provided on all affidavits and bid sheets.
4. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part
of the evaluation process in determining the award of bidder. Demonstrations of the merits of the
equipment/services that meet City requirements shall be requested by Procurement Services.
Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned
per the individual bid product or service application, will form the Bid Award Committee to evaluate
and submit a group award recommendation. The City reserves the right to make separate and
independent awards based on its needs and the combined evaluation results.
5. PRICE ESCALATION/DE-ESCALATION: The City of Boynton Beach will allow a price escalation/de-
escalation provision within this award after the first year of service.
The original bid prices shall be firm for a one (1) year minimum period. A price escalation/de-
escalation will be allowed one (1) year after the beginning of the award period and at one (1) year
intervals thereafter, provided the Contractor notifies the City of Boynton Beach, in writing, of the
pending price escalation/de-escalation a minimum of 60 days prior to the effective date of the price
escalation/de-escalation. The price escalation percentage change shall not exceed the previous one
(1) year’s percentage change of the Consumer Price Index (CPI) published by the U.S. Department of
Labor’s Bureau of Labor Statistics. The City of Boynton Beach obtains this CPI Index from The
Municipal Cost Index, developed exclusively by American City and County Magazine and can be found
Page 53 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
at http://americancityandcounty.com/mciarchive/. Failure to comply with these instructions shall
be grounds for disallowance of a price escalation as allowed herein.
6. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may
invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically
noted in the bidder’s submittal on a separate sheet marked “EXCEPTIONS TO THE
SPECIFICATIONS” and this sheet shall be attached to the bid. The use of bidder’s standard forms,
or the inclusion of manufacturer’s printed documents shall not be construed as constituting an
exception within the intent of the Contract documents.
7. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed
which would necessitate alteration of the material, quality, workmanship or performance of the items
offered on this submittal prior to their delivery, it shall be the responsibility of the successful bidder to
notify the City at once, indicating in a letter the specific regulation which required an alteration. The
City reserves the right to accept any such alterations, including any price adjustments occasioned
thereby, or to cancel the Contract at no expense to the City
8. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with
specifications under the direction of appropriate testing laboratories. The data derived from any tests
for compliance with specifications are public records and open to examination thereto in accordance
with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected
and returned at vendor’s expense. These items and items not delivered as per delivery date in the
bid and or Purchase Order may result in the bidder being found in default in which event any and all
procurement costs may be charged against the defaulted Contractor. Any violation of these
stipulations may also result in the vendor’s name being removed from the City of Boynton Beach’s
vendor mailing list.
9. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder,
the decision of the City Manager shall be final and binding on both parties.
10. NO SUBMITTAL: A no submittal response can be submitted online through the e-Procurement
bidding system.
11. ITB DEADLINE: It is the Bidder’s responsibility to assure that the ITB is submitted electronic by or
at the proper time and date prior to the ITB deadline. Late submittal responses are not permitted by
the Bidding System.
12. RIGHTS OF THE CITY: The City expressly reserves the right to:
A. Waive as an informality, minor deviations from specifications at a lower price than the most
responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is
determined that total cost is lower and the overall function is improved or not impaired;
B. Reject or cancel any or all ITB’s;
C. Reissue an Invitation to ITB;
D. Extend the ITB deadline time and date;
E. Consider and accept an alternate bid as provided herein when most advantageous to the City.
F. Increase or decrease the quantity specified in the Invitation to Bid;
13. STANDARDS: Factors to be considered in determining whether the standard of responsibility has
been met include whether a prospective Bidder has:
Page 54 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
A. Available the appropriate financial, material, equipment, facility, and personnel resources and
expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual
requirements;
B. A satisfactory record of performance;
C. A satisfactory record of integrity;
D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach;
E. Supplied all necessary information in connection with the inquiry concerning responsibility.
14. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to
the Purchasing representative through the Bidding System only by clicking on the “Submit a Question”
button for this specific ITB no later than ten (10) days prior to the ITB deadline. Inquiries must
reference the date by which the ITB is to be received.
15. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded
a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide
to other governmental agencies, so requesting, the products or services awarded in accordance with
the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination
to the requesting agency.
16. AWARD OF CONTRACT: The low monetary bid will not in all cases be awarded the Contract or
Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive,
responsible bidder whose bid represents the most advantageous bid to the City, price and other
factors considered. Evaluation of bids will be made based upon the evaluation factors and standards
set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as
set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting
from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In
no case will the award be made until all necessary investigations have been made into the
responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is
qualified to do the work and has the necessary organization, capital and equipment to carry out the
required work within the time specified.
17. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding
that all items/services delivered must meet the specifications herein. Items/services delivered not as
specified, will be returned at no expense or penalty to the City of Boynton Beach.
18. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that
the seller is responsible for the shipment until it reaches its destination. Any and all freight charges
are to be included in the bid total. The bidder’s invoice payment terms must be shown.
19. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories
and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship.
This warranty shall be for a period of 365 days or the time designated in the standard factory warranty,
whichever is longer. The warranty will be the same as that offered to the commercial trade and shall
be honored by any of the manufacturer’s authorized dealers. Warranty will cover parts, labor and any
necessary shipping. Warranty repairs may be accomplished on City property, if space is available;
this will be at the sole discretion of the City. Contact Procurement Services for permission to perform
warranty service on City property. Warranty to start at the time of acceptance by the City; however,
in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a
delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement
Services.
Page 55 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
20. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include
all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is
requested to offer a cash discount for prompt invoice payment. Discount time will be computed from
the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office
specified, whichever is later.
Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service
has been delivered/performed in a satisfactory manner in accordance with the specifications, the City
shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made
by the using department and merits of performance evaluated. This total acceptance will be done in
a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any
equipment/service has to be rejected for any reason, the bidder shall be required to pick up the
equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs
may be accomplished on City property if space is available; this will be at the discretion of the City.
Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or
damages have been proven to be the result of negligence by the City.
A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities.
B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices,
extensions and all instructions pertaining to supplies and services. Failure to do so will be at
bidder’s risk.
C. DISCOUNTS: Will be considered in determining the lowest net cost.
D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as
a result of this bid shall be new (current production model at the time of this bid). All containers
shall be suitable for storage or shipment, and all prices shall include standard commercial
packaging.
E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and
fabricated assemblies shall carry U.L. approval and reexamination listing where such has been
established.
21. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is
of importance to the City and the bidder is hereby notified that the date of delivery will be considered
as a factor in the evaluation of the bids
22. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses
and permits, if required, to complete this service at no additional cost to the City. Licenses and permits
shall be readily available for review by the Buyer and City Inspectors.
23. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material,
equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if
awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found
to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring
the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne
by the bidder.
Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and
State safety regulations and requirements.
Page 56 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
24. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of
the City of Boynton Beach, Palm Beach County, of the State of Florida.
25. SUBCONTRACTING: If a Bidder subcontracts any portion of a Contract for any reason, the Bidder
must state the name and address of the subconsultant and the name of the person to be contacted
on the attached “Schedule of Subconsultants”. The City of Boynton Beach reserves the right to
accept or reject any or all bids wherein a subconsultant is named and to make the award to the bid,
who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City.
The City also reserves the right to reject a bid of any Bidder if the bid names a subconsultant who
has previously failed in the proper performance of an award or failed to deliver on time Contracts of
a similar nature, or who is not in a position to perform properly under this award. The City reserves
all rights in order to make a determination as to the foregoing.
26. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the
meaning of the Contract documents. Since all addenda are available to the Bidder through the City’s
e-Procurement system Boynton-beach.bidsandtenders.net, it is each Bidder’s responsibility of each
bid to have receive all addenda that are issued. Bidders should check online at Boynton-
beach.bidsandtenders.net prior to submitting their bid and up until the ITB closing time and date in
the event additional addenda are issued. If a Bidder submits their bid prior to the ITB closing time and
date and any addenda have been issued, the Bidding System shall withdraw the Bidder’s submission
and the submittal status will change to an incomplete status and withdraw the bid submittal. The
Bidder can view this status change in the “MY BIDS” section of the Bidding System.
The Bidder is solely responsible to:
• make any required adjustments to their Bid; and
• acknowledge the addenda; and
• Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated
bid closing time and date
27. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the Bidder offers
and agrees that if the bid is accepted, the Bidder will convey, sell, assign or transfer to the City of
Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire
under the antitrust laws of the United States and State of Florida for price fixing relating to the
particular commodities or services purchased or acquired by the City of Boynton Beach. At the City
of Boynton Beach’s discretion, such assignment shall be made and become effective at the time the
Purchasing Division tenders final payment to the Bidder.
28. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations
that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder will in no
way be a cause for relief from responsibility.
29. ON PUBLIC ENTITY CRIMES –provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a
contract with a public entity for the construction or repair of a public building or public work, may not
submit Bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not
transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
Page 57 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
30. SCRUTINIZED COMPANIES - 287.135 and 215.473 By submission of this Bid, Bidder certifies that
Bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder 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 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.
Solicitation responses of $1 million or more must include the attached Scrutinized Companies form
to certify that the Bidder is not on either of those lists.
31. NON-COLLUSION AFFIDAVIT: Each Bidder shall complete the Non-Collusion Affidavit Form and
shall submit the form with their bid. The City considers the failure of the Bidder to submit this
document to be a major irregularity, and may be cause for rejection of the bid.
32. ANTI-KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti-Kickback Affidavit Form and shall
submit this form with their bid. The City considers the failure of the Bidder to submit this document to
be a major irregularity, and may be cause for rejection of the bid.
33. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach
to increase the participation of minority-owned businesses in its contracting and procurement
programs. While the City does not have any preference or set-aside programs in place, it is
committed to a policy of equitable participation for these firms. Therefore, each bidder shall complete
the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal.
34. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any
commercial advertising. Violation of this stipulation may be subject to action covered under
“NONCONFORMANCE WITH CONTRACT CONDITIONS”.
35. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may
be come due hereunder are not assignable except with the prior written approval of the City.
36. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Flor ida
its officers, agents, volunteers and employees from liability of any kind in the performance of this
Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense
of the City, its City Commissioners, agents, servants an employees from and against any and all
claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any
personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder’s
operation pursuant to this Contract and from and against all costs, counsel fees, expenses and
liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action
or proceedings brought thereon, and from and against any orders or judgments which may be entered
therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or
Page 58 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
action against the City arising directly or indirectly from the operations of the bidder hereunder, for
which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this
Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The
bidder shall also be liable to the City for all costs, expenses, attorneys’ fees and damages which may
be incurred or sustained by the City by reason of the bidder’s breach of any of the provision of the
contract. Bidder shall not be responsible for negligent acts of the City or its employees.
37. 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
E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONSULTANT’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
38. FUNDING OUT:
Page 59 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
The resultant 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 for 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.
39. PALM BEACH COUNTY INSPECTOR GENERAL:
The contractor is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of any contracts resulting
from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from
the contractor and its subcontractors and lower tier subcontractors. The contractor understands and
agrees that in addition to all other remedies and consequences provided by law, the failure of the
contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector
General when requested, may be deemed by the municipality to be a material breach of this contract
justifying its termination.
40. LOCAL BUSINESS PREFERENCE:
The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business
preference.
“For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City
shall give preference to a Local Business if the Local Business’ bid is determined to be within five
percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and
responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder
returning the highest amount to the City, the same preference set forth herein shall be applied with
respect to the highest bid.”
In order to be considered for a local business preference, a bidder must include the Local Business
Status Certification Form at the time of bid submittal.
Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible
for the local business preference for this solicitation.
41. BRAND NAMES:
Use of a brand name, trade name, make, model, manufacturer, or vendor catalog number in
specifications is for the purpose of establishing a grade or quality of material only. It is not the COBB's
intent to rule out other competition, therefore, the phrase
OR ACCEPTABLE EQUAL is added. However, if a product other than that specified is bid, it is the
vendor's responsibility to submit with the bid brochures, samples and/or detailed specifications on
items bid. The COBB shall be the sole judge concerning the merits of bid submitted.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the
specified brands, and shall indicate ANY deviation from the specifications as listed. Other than
specified items offered requires complete descriptive technical literature marked to indicate detail(s)
conformance with specific COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been
no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or
ordered as a result of this bid. Seller agrees to hold the purchaser harmless from any and all liability,
loss or expense occasioned by any such violation.
Page 60 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
42. PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extend total. Prices must
be stated in units of quantity specified in bid specifications. In case of discrepancy in computing the
amount of the bid, the UNIT PRICE quoted will govern. All prices FOB destination, freight prepaid
(unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will
be in accordance with terms and conditions stated herein. Each item must be bid separately and no
attempt is to be made to tie any item or items in with any other item or items. Cash or quantity
discounts offered will not be a consideration in determination of award of bid(s). If a bidder offers a
discount, it is understood that a minimum of 30 days will be required for payment, and the discount
time will be computed from the date of satisfactory delivery at place of acceptance and receipt of
correct invoice at the office specified.
43. CONDITIONS AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current
production model at the time of the bid). All containers shall be suitable for storage or shipment, and all
prices shall include standard commercial packaging.
44. DELIVERY:
Unless actual date of delivery is specified, show number of days required to make delivery after receipt
of purchase order in space provided. Delivery time may become a basis for making an award (See
Special Conditions). Delivery shall be within the normal working hours of the user, Monday through
Friday, excluding holidays unless otherwise specified on the purchase order.
45. QUALITY:
The items bid must be new and equal to or exceed specifications. The manufacturer's standard guarantee
shall apply. During the guarantee period the successful bidder must repair and/or replace the unit without
cost to the COBB with the understanding that all replacements shall carry the same guarantee as the
original equipment. The successful bidder shall make any such repairs and/or replacements immediately
upon receiving notice from the COBB.
46. SAMPLES, DEMONSTRATIONS AND TESTING:
Samples of items, when required, must be furnished free of expense and if not destroyed, will upon
request, be returned at the bidder's expense. Request for the return of the samples must be indicated on
his or her bid. Each individual sample must be labeled with bidder's name, bid number and item number.
Failure of bidder to either deliver required samples or to clearly identify samples as indicated may be
reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Contr act
Administrator.
When required, the COBB may request full demonstrations of any units bid prior to the award of any
contract.
Page 61 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Items may be tested for compliance with specifications under the direction of the Florida Department of
Agriculture and Consumer Services, or an independent testing laboratory. Bidders shall assume full
responsibility for payment for any and all charges for testing and analysis of any materials offered or
delivered that do not conform to the minimum required specifications. Bidder's disposition of all items
delivered in this category must be at no expense to the COBB.
47. INSPECTION AND ACCEPTANCE OF GOODS:
The awarded bidder shall be responsible for delivery of items in good condition at point destination. Bidder
shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted
from invoices. The COBB will note, for the benefit of successful bidder, when packages are not received
in good condition. In the event the material and/or services supplied to the COBB is found to be defective
or does not conform to specifications, the COBB reserves the right to cancel the order upon written notice
to the seller and return the product to seller at the seller's expense.
48. PRODUCT RECALL:
In the event the awarded bidder receives notice that a product delivered to the COBB has been recalled,
seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit
for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by any State or
Federal regulatory agency, the awarded bidder shall notify the COBB’s Bid Buyer within two business
days of receiving such notice. The COBB’s acceptance or failure to reject the affected product as non-
conforming shall not in any way impact, negate, or diminish the awarded bidder’s duty to notify the
COBB’s Buyer that the affected product has been recalled, seized or embargoed, and/or has been
determined to be misbranded, adulterated, or found to be unfit for human consumption. The form and
content of such notice to the COBB shall include the name and description of the affected product; the
approximate date the affected product was delivered to the COBB; the bid number; and relevant
information relating to the proper handling of the affected product and/or proper disposition of the affected
product by the COBB, if necessary to protect the health, welfare, and safety of COBB students or
employees; and any health hazards known to the awarded bidder which may be caused or created by
the affected product. The awarded bidder shall, at the option of the Purchasing Department and/or
Purchasing Agent, either reimburse the purchase price or provide an equivalent replacement product at
no additional cost to the COBB. Unless it was absolutely necessary for the COBB to dispose of the
affected product, the awarded bidder shall be responsible for removal and/or replacement of the affected
product within a reasonable time, as determined by the COBB, without causing significant inconvenience
to the COBB.
At the option of the COBB, the awarded vendor may be required to reimburse storage and/or handling
fees to be calculated from time of delivery and acceptance to actual removal or disposal. The awarded
vendor will bear all costs associated with the removal and proper disposal of the affected product. The
failure to reimburse the purchase price and storage and/or handling fees or to remove and/or replace the
affected product with an equivalent replacement within a reasonable time without significant
inconvenience to the COBB will be considered a default.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
Page 62 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
INVITATION TO BID (ITB)
No. 034-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – LOTS AND ALLEYWAYS (LT) AND (AW)”
SECTION 5 – SPECIAL CONDITIONS
1. It will be the responsibility of the successful Bidder to supply necessary labor for completion of
services if requested by the City of Boynton Beach.
2. The City by written notice may terminate in whole or in part any Contract resulting from this ITB
when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall
be liable for only payment for services rendered prior to the effective date of termination. Services
rendered will be interpreted to include costs of items already delivered plus reasonable costs of
supply actions short of delivery.
3. It shall be the responsibility of the successful Bidder to maintain workers’ compensation insurance,
professional liability, property damage liability insurance and vehicular liability insurance; during the
time any of his personnel are working on City of Boynton Beach property. Loss by fire or any other
cause shall be the responsibility of the vendor until such time as the items and/or work has been
accepted by the City. The successful Bidder shall furnish the City with a certificate of insurance
after award has been made prior to the start of any work on City property. Said insured companies
must be authorized to do business in the State of Florida and the City will not accept any company
that has a rating less than B+ in accordance to A.M. Best’s Key Rating Guide, latest edition.
4. The City of Boynton Beach reserves the right, before awarding a Contract to require a Bidder to
submit such evidence of qualifications as it may deem necessary, and may consider any evidence
available to it of the financial, technical and other qualifications and abilities of a Proposer, including
past performance (experience) with the City in making the award in the best interest of the City.
5. The successful Bidder shall at all times guard from damage or loss of property of the City or of other
vendors and shall replace and/or repair any loss or damage unless such has been proven to have
been caused by the City, or other vendors. The City may withhold payment or make such deductions
as it may deem necessary to insure reimbursement for loss or damage to property through
negligence of the successful Bidder or his agent.
6. PAYMENT AND PERFORMANCE BONDS:
ANNUAL CONTRACT OF $100,000 AND LESS
No payment and performance bonds will be required for annual contracts valued at $100,000 and
less per year.
Page 63 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANNUAL CONTRACT OF $100,001 - $300,000
For each annual contract in an amount from $101,000 to $300,000, furnish to the City and maintain
in effect throughout the duration of the contract, Payment and Performance Bonds in the amount of
$25,000, as security for faithful performance of work and for the payment of all persons performing
labor and furnishing materials in connection therewith. In the event that the annual contract amount
exceeds $300,000, the Contractor shall furnish additional Payment and Performance Bonds in the
amount of $25,000.
ANNUAL CONTRACT OF $300,001 AND ABOVE
For each annual contract in an amount of $301,000 and above, furnish to the City and maintain in
effect throughout the duration of the contract, Payment and Performance Bonds in the amount of
$50,000, as security for faithful performance of work and for the payment of all persons performing
labor and furnishing materials in connection therewith.
7. RECORDING OF CONTRACT BOND: Before commencing the work, Contractor(s) shall provide
to City a certified copy of the recorded bond(s). City may not make any payment to Contractor until
Contractor has complied with this requirement.
8. POWER OF ATTORNEY: Attorneys-in-fact who sign Bid Bonds or Contract Bonds shall
file with each bond an original, certified and dated copy of their power of attorney.
9. QUALIFICATION OF SURETY: The Payment and Performance Bonds shall be executed by a
surety company of recognized standing authorized to do business in the State of Florida and having
a resident agent in the State of Florida for purposes of service of process . The surety company
shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance
with U.S. Department of Treasury Circular 570, current revision, or meet the criteria established as
to acceptable surety companies by the Board of Commissioners of State Institutions, March 18,
1958, or the equivalent thereof. A surety shall be deemed not qualified if the surety shall have a
receiver appointed for it, or if it shall declare or file or has filed for bankruptcy.
10. PERFORMANCE: The Contractor may be required to furnish evidence in writing that he or she
maintains a permanent place of business and has adequate equipment, finances, personnel, and
inventory to furnish the items offered satisfactorily and expeditiously, and can provide necessary
services.
11. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that,
during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton
Beach shall be given "first priority" for all goods and services under this contract (if applicable).
Bidder agrees to provide all goods and services to City of Boynton Beach throughout the
emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a
priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone
number and address to the City in the event of such an emergency. Failure to provide the stated
priority/preference during an emergency/disaster shall constitute breach of contract and make the
bidder subject to sanctions from further business with the City.
12. CONTRACTOR RESPONSIVENESS: The Contractor representative will be available to meet the
Director of Public Works or Designee upon request to discuss schedules, performance issues,
problems, needs, and mutual areas of concern. The use of the Landscape Maintenance Report
will establish a system whereby notice is given by the City to the Contractor indicating any
performance issues.
Page 64 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Contractor will be required to maintain a local office during the duration of the contract term to
provide support, oversite, and/or respond to requests by the City. Local office means an office
within Palm Beach County, Broward County, or Martin/St. Lucie County. An office within Palm
Beach County is preferred.
At all times while the contractor’s crews are working, if requested by the City, the contractor’s
representative is required to respond to a request for a meeting within forty- five (45) minutes.
Any other time during the City’s business hours, the contractor’s representative is required
respond to the City’s request for a meeting within 2 hours upon being notified.
WORK INSPECTIONS: The Contractor shall, at all times, allow the Director of Public Works or
Designee the opportunity to inspect the work done, or being done, under this Award.
All maintenance work shall be monitored by the representative(s) of the City of Boynton Beach
Parks and Grounds Maintenance Department. Work performed by the Contractor on Saturdays
and Sundays must be requested in writing (via email) 24 hours in advance and approved by the
Director of Public Works or Designee prior to execution. Work not approved will be require d to be
re-done, and must be re-done and completed within 24 hours after notice that the work was
rejected. Notice will be returned to the Contractor within 24 hours of inspection of any work
rejected. Re -done work cannot be combined with next cycle and must be completed and approved
before next cycle can commence.
13. AUTHORITY OF THE CITY REPRESENTATIVES: The authority of the Director of Public Works
or Designee shall not be limited to the fo llowing enumeration, for it is the intent of this award that
all of the work shall be subject to the Director of Public Works or Designee determinations and
approval, except where the determination or approval of someone other than the Director of Public
Works or Designee is expressly called for herein.
1. To monitor the performance of the work. To determine the amount, kind, quality,
sequence, frequency, and location of the work to be paid for in this award and, when completed,
to measure such work for payment.
2. To answer all maintenance questions and to interpret the Maintenance Work Method
and schedules.
3. To determine how the work of this Award shall be coordinated with the work of others
engaged simultaneously on or adjacent to the area(s) identified by these specifications.
4. To make minor changes in the work, as he/she deems necessary, provided such
changes do not result in a net increase in the cost to the City or to the Contractor of the work to
be done under the award.
5. To amplify the Maintenance Work Method, add explanatory information, and furnish
additional specifications and drawings consistent with the intent of the bid documents.
6. The Director of Public Works or Designee may be present at the initial start of the award
work and inspect all work until the award is complete. If at any time it is determined by the
Director of Public Works or Designee that the terms of the award are not being followed, said
Page 65 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
representative can stop the work until the corrections are initiated. Failure to correct violations
(within 24 hours after notification) may result in penalty or termination of the Award.
7. To review any and all questions in relation to the Award and its performance, except
as herein otherwise specifically provided, and the Director of Public Works or Designee
determination upon such review shall be final and conclusive upon the Award.
8. To suspend the whole or any part of the work whenever Director of Public Works or
Designee deems such suspension is required: (1) in the interest of the City generally, (2) to
coordinate the work of others engaged in work on or around the area(s) described in this
specification, or (3) to expedite the completion of the work described in this specification.
9. If deemed necessary to take over, use, occupy, or operate any part of the completed or
partially completed work, the Director of Public Works or Designee shall have the right to do
so and the Contractor shall not, in any way, interfere with or object to the use, occupation, or
operation of such work by the City after receipt of notice in writing from the Director of Public
Works or Designee that such work or part thereof will be used by the City on and after the date
specified in such no tice. Such taking over, use occupancy or operation of any such part of the
completed or partially completed work shall not constitute final acceptance or approval of any
such part of the work.
10. Maintenance conditions may require that minor changes be made in the Maintenance
Work Method, location of the work, equipment and material to be furnished and other work
to be performed hereunder. The Contractor, when ordered by the Director of Public Works or
Designee, shall make such adjustments and changes in said locations, work method, equipment
and materials without additional cost to the Parks and Grounds Maintenance Department, provided
such adjustments and changes do not alter the charac ter, quantity, or cost of the work as a whole,
and provided further that at such adjustments and changes are furnished to the Contractor by the
Parks and Grounds Maintenance Department within a reasonable time before any work involving
such adjustment and changes is begun. The Director of Public Works or Designee shall be the
sole judge of what constitutes a minor change for which no additional compensation shall be
allowed.
14. CONTRACTORS’S RESPONSIBILITY: The Contractor shall do all the work and furnish, at his
or her own cost and expense, all labor, materials, equipment, except as herein otherwise
provided, as may be necessary and proper to perform and complete the work under his
specification. The Contractor shall be responsible for the entire work until completed including final
acceptance by the Director of Public Works or Designee.
The apparent silence of the Specifications as to any detail, or the apparent omission from the
Specifications of a detailed description concerning any point, shall be regarded as meaning that
only the best commercial practice to prevail and that only material and workmanship of the finest
quality are to be used.
The work shall be performed in accordance with the true intent and meaning of the Bid Documents.
Unless otherwise expressly provided, the work shall be performed in accordance with the
scope of work, technical specifications, and best commercial practices. Unless otherwise expressly
provided in the Bid Documents, the means and methods of maintenance shall be such as the
Contractor may choose, however, it will be subject to the approval of the Director of Public Works
or Designee. Only adequate and safe procedures, methods, structures, and equipment shall be
used. The Director of Public Works or Designee ’s approval or failure to exercise the methods
Page 66 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
of maintenance shall not relieve the Contractor of obligations to accomplish the result intended by
the Contractor in a saf e and efficient manner, nor shall such create a cause action for damages.
15. CONTRACTOR’S LICENSING: Contractor(s) is responsible to educate and provide all safety
training and personal protection equipment for all of their personnel including following O.S.H.A
Regulations and the Manual of Uniform Traffic Control Devices (M.U.T.C.D.).
Contractor(s) will be responsible for obtaining all necessary permits, licenses, and/or registration
cards, I-9 Forms (Department of Homeland Security’s Employment Eligibility Verification) in
compliance with all applicable federal, state, and local statues pertaining to services as specified.
This includes a current copy of the Contractor’s City of Boynton Beach Business Tax Receipt which
must be submitted as part of the Bid Proposal and must be updated accordingly.
Contractor(s) must provide a list of contacts with phone numbers who can be reached for
emergencies and/or resolving problems.
Prior to the commencement of services, the awarded Contractor(s) will be required to submit for
the City’s review and approval Safety Data Sheets (MSDS) for all herbicides, pesticides, and
fertilizers to be used in the performance of the services detailed herein. In the event that either the
City requires a change in any of the products used, or if a product is discontinued, replaced,
changed, or otherwise unavailable, the Contractor(s) will be required to submit a new MSDS sheet
for review and approval of that new product prior to use.
16. PROPERTY DAMAGE: If property (public or private) is damaged while Contractor is performing
work specified or is removed for the convenience of the work, it shall be repaired or replaced at the
expense of the Contractor in a manner acceptable to the City prior to the final acceptance of the
Work. Such property shall include but not be limited to: structures, parkways, sidewalks, curbs and
gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and
trees. The damaged work shall be repaired or replaced within 48 hours.
The Contractor shall preserve from damage, all property (public and/or private) along the line of
the work, or which is in the vicinity of or is in anywise affected by the work, the removal or
destruction of which is not called for by the specifications. This applies, but is not limited to
vehicles parked in such parking lots, parking garages, vehicles traversing public or private rights-
of-wa y, parks or otherwise, public utilities, trees, lawn areas, landscape plantings, irrigation
systems, building monuments, fences, all pipe and underground structures, the public streets
(except natural wear and tear of streets resulting from legitimate use thereof by the Contractor),
and wherever such property is damaged due to the activities of the Contractor. The city must be
notified immediately and the Contractor will be responsible for the expense of the damages.
In case of failure on the part of the Contractor to restore such property or make good such
damage or injury, the Director of Public Works or Designee may, upon 24 hours written notice,
proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary, and
t he cost thereof shall be deducted from any monies due or which may become due to the
Contractor under this award. Nothing in this clause shall prevent the Contractor from receiving
proper compensation for the removal, damage, or replacement of any public or private property
not shown by the bid documents and/or Specifications, when this is made necessary by alteration
of grade or alignment authorized by the Director of Public Works or Designee, provided that such
property has not been damaged through fault of the Contractor, its employees or agents.
17. WORK SITE TRAFFIC REGULATIONS: During the execution of the work, the Contractor shall put
up and maintain at all times such barriers, signs, and/or lights as shall effectively prevent accidents.
Page 67 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
The Contractor, at their expense, shall provide suitable barricades, cones, red lights, “danger” or
“caution” or “street closed” signs and watchmen at all places where the work is taking place next to
the edge of pavement. Such barriers and signs shall comply with the State of Florida Department of
Transportation’s guidelines for “Traffic Controls for Construction and Maintenance Operations”. All lane
closures shall be approved and permitted by the Florida Department of Transportation, or the City
of Boynton Beach Engineering Division, whichever is applicable.
Work shall be halted immediately if work operations are deemed unsafe per any city representative.
State certification for Maintenance of Traffic (MOT) is required for work on all City, County and
State road within the City limits of Boynton Beach. At least one crew member shall be
“Intermediate Maintenance of Traffic Certified”.
18. HAZARDOUS MATERIALS: The Contractor must follow OSHA, Regulation 29 Code of Federal
Regulation (C.F.R.) Part 1926.59, Rule 17 Florida Administrative Code, the product MSDS, plus
any and all other applicable Regulations when using substances containing hazardous
materials. These regulations apply to transporting, storing, mixing, application, clean-up and
disposal of excess materials and their containers. Any illegal disposal of hazardous materials
and/or containers shall place the Contractor in default.
The Contractor shall assume all cost arising from citations, clean up spills and/or overspray (if
applicable) and subsequent inspections due to non-compliance of the above-mentioned
regulation(s), or misuse of the product as specified by the manufacturer. The Contractor further
agrees to indemnify and hold harmless the City of Boynton Beach and its duly authorized agents
from any and all suits of law or actions of a ny nature for, or on account of, non-compliance of
the above stated regulations and/or product use guidelines as specified by manufacturer.
19. USE OF CHEMICALS: All chemicals used during maintenance must show approval of either the
EPA or USDA. Use of all chemicals and disposal of residues shall be in strict conformance with
EPA, USDA, and manufacturer instructions. Final approval for use of any and all chemicals on the
work site(s) shall rest solely with the Director of Public Works or Designee. Contractor's employees
shall be fully licensed by the State of Florida to apply pesticides. All chemicals shall be handled
in strict accordance with the Federal, State and County regulations. Contractor shall use sound
cultural practices that aid in minimizing the presence or proliferation of insect and disease.
All chemicals must be approved by the Parks and Recreation representative prior to use. No
application shall take place under windy conditions. Any and all applications of Herbicides
abutting or adjacent to waterways shall require prior written approval from Parks and Grounds
Maintenance Department designee. Any area of turf, plant(s) or tree(s) that is damaged or
destroyed through improper or incorrect herbicide application shall be immediately replaced at
the Contractor's expense. If glyphosate, or other weed hindering chemicals are used, a tracer
is required for ease of inspection. Spray six -inch wide strip when applying glyphosate around
bollards, poles, guy wires, fences, fire hydrants, signs, benches, trash receptacles, picnic tables,
curbs, gutters, decorative landscape ornaments, benches, etc. Use care when spraying tracer,
dye, markers, etc. Manufacturer’s safety guidelines and practical safety precautions must be
adhered to at all times.
20. ASSOCIATED COSTS: The Contractor shall be responsible for all costs associated with replacing
all dead, dying and/or damaged plants, shrubs and/or trees that have become deficient due to lack
of proper care and treatment and/or vehicle/equipment accidents and/or an y other damage caused
by the Contractor through routine maintenance. The Contractor shall notify the Director of Public
Page 68 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Works or Designee of said plants and must receive permission prior to purchasing and/or
installation. Substitute material shall be p ermitted only with prior written approval from the Director
of Public Works or Designee. The Director of Public Works or Designee shall be the sole judge as
to the status or state of the plants, shrubs, or trees to be replaced. Acts of God, traffic accidents
and vandalism will not be the responsibility of the Contractor.
21. WORK DAY S: All maintenance work shall be performed Monday through Friday. Contractor’s
workdays shall start at 7:00 a.m. Permission for times and workdays other than those approved
must be submitted via email to the Director of Public Works or Designee. All workdays must end
one hour prior to sunset and any deviation from these hours must be pre-approved by the Parks
and Grounds Maintenance Department.
22. ACTS OF GOD: In the event of inclement weather including: a tornado, wind storm, hurricane,
hail, lightning, flooding, vehicular accident, etc., all fallen or damaged material of eight inches or
less in diameter shall be piled near the roadside the at the Contractor’s expense. All other storm
damage including the removal of said piles shall be corrected/removed at the expense of the City
of Boynton Beach Parks and Grounds Maintenance Department. The Contractor shall be notified
of those sites picked up prior to their scheduled ser vice and any accumulated debris thereafter
shall be considered normal and the responsibility of the Contractor.
23. GRAFFITI: All graffiti shall be reported immediately to the Director of Public Works or Designee.
24. EMPLOYEE AND VEHICLE IDENTIFICATION: All Transport vehicles must be easily identified
by displaying the company name. Contractor employees must also be easily identified by
uniforms, safety vest or other apparel that displays the company name. If workers are not prepared
to work on high traffic areas without correct safety gear, you will be required to leave and return
when prepared.
25. DESIGNATED WORK AREAS: All designated work areas , listed on the
Contractor’s worksheets, shall be done in accordance with this specification unless otherwise
described herein.
26. UNAUTHORIZED WORK: Any deviations from this scope of the agreement may be subject to
termination of the agreement and will not be compensated. If you have questions as to what is
designated as Parks and/or Playgrounds Maintenance, contact the Director of Public Works or
Designee. If you perform work without proper authorization, the City will not pay for those services.
27. UNSCHEDULED MAINTENANCE: Any additional work not in keeping with these specifications,
such as those of vandalism and/or mischief shall involve additional cost. The Contractor shall notify
the Director of Public Works or Designee of any damage, so its designee can inspect the damage
prior to authorizing repair. If Designated by the Director of Public Works to perform additional
work, the Contractor shall notify the Director of Public Works or Designee after repairs have been
completed so final inspection can be made for compliance prior to authorizing payment.
28. REPORTS, RECORDS, D ATA AND COMMUNICATIONS: The Contractor shall furnish to the
Director of Public Works or Designee, such schedules of quantities and costs, progress schedules,
reports, invoices, delivery tickets, estimates, records, and other data when they may request
concerning work performed or to be performed, and the materials furnished or to be furnished
under the award. Monthly reports are to be produced, including wet check of irrigation systems,
detailing the work performed, listing any areas of concern including dead materials, leaning or fallen
trees or palms, broken equipment, safety hazards encountered, and any item that may put the
Page 69 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
general public at risk.
BIDDER’S QUALIFICATION STATEMENT
TO BE COMPLETED AND UPLOADED ONLINE
The undersigned certifies under oath the truth and correctness of all statements and of all answers
to questions made hereinafter:
Check One
Submitted By: Corporation
Name: ______________________________________________ Partnership
Address: ____________________________________________ Individual
CITY, State, Zip: _______________________________________ Other
Telephone No.: _______________________________________
Fax No.: ________________________
Email Address.: ______________________
1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious
name under which you do business and the address of the place of business.
The correct name of the Bidder is:
_____________________________________________________________
The address of the principal place of business is:
_____________________________________________________________
_____________________________________________________________
2. If Bidder is a corporation, answer the following:
a. Date of Incorporation: _________________________________________
b. State of Incorporation: _________________________________________
c. President's name: ____________________________________________
d. Vice President's name: ________________________________________
e. Secretary's name: ____________________________________________
f. Treasurer's name: ____________________________________________
Page 70 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
g. Name and address of Resident Agent: ____________________________
3. If Bidder is an individual or a partnership, answer the following:
a. Date of organization: ________________
b. Name, address and ownership units of all partners:
__________________________________________________________
__________________________________________________________
__________________________________________________________
c. State whether general or limited partnership: ________________________
4. If Bidder is other than an individual, corporation or partnership, describe the organization and give
the name and address of principals:
________________________________________________________________
________________________________________________________________
________________________________________________________________
5. If Bidder is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute.
________________________________________________________________
6. How many years has your organization been in business under its present business name?
_____________
Under what other former names has your organization operated?
________________________________________________________________
________________________________________________________________
________________________________________________________________
7. Indicate registration, license numbers or certificate numbers for the businesses or professions,
which are the subject of this Bid. Please attach certificate of competency and/or state registration.
________________________________________________________________
________________________________________________________________
________________________________________________________________
8. Did you attend the Pre-Bid Conference if any such conference was held?
YES NO
9. Have you ever failed to complete any work awarded to you? If so, state when, where and why:
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 71 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
10. List the pertinent experience of the key individuals of your organization (continue on insert
sheet, if necessary)
________________________________________________________________
________________________________________________________________
________________________________________________________________
11. State the name of the individual who will have personal supervision of the work:
________________________________________________________________
12. State the name and address of attorney, if any, for the business of the Bidder:
________________________________________________________________
________________________________________________________________
________________________________________________________________
13. State the names and addresses of all businesses and/or individuals who own an interest of more
than five percent (5%) of the Bidder’s business and indicate the percentage owned of each such
business and/or individual:
________________________________________________________________
________________________________________________________________
________________________________________________________________
14. State the names, addresses, and the type of business of all firms that are partially or wholly owned
by Bidder:
________________________________________________________________
________________________________________________________________
________________________________________________________________
15. State the name of Surety Company which will be providing the bond (if applicable), and name and
address of agent:
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 72 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
16. Annual Average Revenue of the Bidder for the last three years as follows:
Revenue Index Number
a. Government Related Work
b. Non-Governmental Related Work
Total Work (a +b):
Revenue Index Number
1. Less than $100,000
2. $100,000 to less than $250,000
3. $250,000 to less than $500,000
4. $500,000 to less than $1 million
5. $1 million to less than $2 million
6. $2 million to less than $5 million
7. $5 million to less than $10 million
8. $10 million to less than $25 million
9. $25 million to less than $50 million
10. $50 million or greater
17. Bank References:
Bank Address Telephone
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
18. Provide description of policies and methods for project monitoring and budgeting control as well
as adherence to project schedule (continue on insert sheet, if necessary).
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
19. Provide descriptions of quality assurance/quality control management methods (continue on
insert sheet, if necessary):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 73 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
20. Is the financial statement submitted with your bid (if applicable) for the identical organization
named on page one?
YES NO
21. If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
________________________________________________________________
________________________________________________________________
________________________________________________________________
22. What will be your turnaround time for written responses to City inquires?
________________________________________________________________
23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5)
years. Include in the description, the disposition of each such petition.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder
or its predecessor organization(s) during the last five (5) years. The list shall include all case
names, case arbitration or hearing identification numbers, the name of the project which the
dispute arose, and a description of the subject matter of the dispute.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
25. List and describe all criminal proceedings or hearings concerning business related offenses to
which the Bidder, its principals or officers or predecessors’ organization(s) were defendants.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 74 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
26. Has the Bidder, its principals, officers or predecessors’ organization(s) been Convicted of a Public
Entity Crime, debarred or suspended from bidding by any government during the last five (5)
years? If so, provide details.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
The Bidder acknowledges and understands that the information contained in response to this
Qualification Statement shall be relied upon by owner in awarding the contract and such
information is warranted by Bidder to be true. The discovery of any omission or misstatement that
materially affects the Bidder’s qualifications to perform under the contract shall cause the owner
to reject the bid, and if after the award, to cancel and terminate the award and/or contract.
(Signed)________________________________
(Title)__________________________________
Subscribed and sworn to before me
This ______ day of _____________________, 2020
________________________________
Notary Public (Signature)
My Commission Expires: ______________
Page 75 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI-KICKBACK AFFIDAVIT
TO BE COMPLETED AND UPLOADED ONLINE
STATE OF FLORIDA )
: SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift,
directly or indirectly by me or any member of my integrator or by an officer of the corporation.
By:
NAME - SIGNATURE
Sworn and subscribed before me
this day of , 2020
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large
COMPANY
“OFFICIAL NOTARY SEAL” STAMP
Page 76 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NON COLLUSION AFFIDAVIT OF BIDDER
TO BE COMPLETED AND UPLOADED ONLINE
State of _____________________________)
:
County of____________________________)
________________________________________, being first duly sworn, deposes and says that:
1) He is ______________________ of _____________________________, the proposer that
(Title) (Name of Corporation or Integrator)
has submitted the attached ITB:
2) He is fully informed respecting the preparation and contents of the attached submittal and of all
pertinent circumstances respecting such submittal;
3) Said ITB is genuine and is not a collusive or sham ITB;
4) Further, the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired, connived
or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or
sham ITB in connection with the Contract for which the attached ITB has been submitted or to
refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communications or conference with any other Bidder, integrator
or person to fix the price or prices in the attached ITB or of any other Bidder, or to fix any overhead,
profit or cost element of the ITB price or the ITB price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City of
Boynton Beach or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)________________________________
(Title)__________________________________
Subscribed and sworn to before me
This ______ day of _____________________, 20 _____
__________________________________________
Notary Public (Signature)
My Commission Expires: ______________
Page 77 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CERTIFICATION PURSUANT TO FLORIDA
STATUTE § 287.135
TO BE COMPLETED AND UPLOADED ONLINE
I, _______________________, on behalf of ________________________ certify
Print Name and Title Company Name
that ______________________________does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall
provide notice, in writing, to the Consultant of the City's determination concerning the false
certification. The Consultant 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
Consultant 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 Florida Statute § 287.135.
Section 287.135, Florida Statutes, prohibits the City from:
1) Contracting with companies for goods or services if at the time of bidding on, submitting a bid
for, or entering into or renewing a contract if the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel;
and
2) Contracting with companies, for goods or services that are on either the Scrutinized Companies
with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are
engaged in business operations in Syria.
Page 78 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
As the person authorized to sign on behalf of the Consultant, I hereby certify that the company
identified above in the section entitled "Consultant Name" does not participate in any boycott of
Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either
the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not
engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida
Statutes, the submission of a false certification may subject the company to civil penalties,
attorney's fees, and/or costs. I further understand that any contract with the City for goods or
services may be terminated at the option of the City if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies with Activities in Sudan list
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
_____________________________ _________________________
COMPANY NAME SIGNATURE
__________________________ _________________________
PRINT NAME TITLE
Page 79 of 1203
C-50
“DRAFT”
SUBJECT TO REVISIONS PRIOR TO SIGNING.
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the
City”, and TBD, hereinafter referred to as “Vendor”, in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide LANDSCAPE
MAINTENANCE SERVICES FOR LOTS AND ALLEYWAYS (LT) AND (AW).
2. SCOPE OF SERVICES. Vendor agrees to perform the services during the term of this Agreement
as more specifically set forth in Exhibit “A” Scope of Services and Exhibit “C” Invitation to Bid (ITB)
No.034-2730-20/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.
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 effective TBD.
4. 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.034-2730-20/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” Schedule of Prices attached hereto
and incorporated herein by reference, as follows:
a. The total contract price in the amount of __________ for an annual estimated amount of
_____________ for a period of ______ years (#), with an option to renew for _____ (#) one-year
terms for a total _______________ 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.
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.
Page 80 of 1203
C-51
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.
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.
Page 81 of 1203
C-52
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 t his
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:
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
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.
Page 82 of 1203
C-53
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
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
Page 83 of 1203
C-54
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 ________________________________________, 20____.
CITY OF BOYNTON BEACH
_________________________________ __________________________________
Lori LaVerriere, City Manager Signature of Authorized Official
__________________________________
Printed Name of Authorized Official
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
Crystal Gibson, City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
James A. Cherof, City Attorney Witness
Page 84 of 1203
C-55
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 of
insurance required of consultants, 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 & Consultant's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,000.00
Professional Liability Fire Damage (any one fire) $ 50,000.00
Employees & Officers Med. Expense (any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Consultants
Broad Form Property Damage
Fire Legal Liability
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Automobile Liability Combined Single Limit $ 300,000.00
Any Auto Bodily Injury (per person) to be determined
All Owned Autos Bodily Injury (per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Garage Liability Auto Only, Each Accident $ 1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $ 1,000,000.00
Aggregate $ 1,000,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease, Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Other - As Risk Identified to be determined
Page 85 of 1203
C-56
Exhibit “A”
Scope of Services
TO BE INSERTED
Page 86 of 1203
C-57
Exhibit “B”
Schedule of Prices
TO BE INSERTED
Page 87 of 1203
C-58
Exhibit “C”
Invitation to Bid
(ITB) No.034-2730-20/RW
Page 88 of 1203
1
CITY OF BOYNTON BEACH
INVITATION TO BID (ITB)
FOR
LANDSCAPE MAINTENANCE SERVICES
LOTS and ALLEYWAYS (LT) and (AW)
ITB No. 034-2730-20/RW
MANDATORY PRE-BID SITE VISIT
CITY OF BOYNTON BEACH
CITY HALL
100 EAST OCEAN AVENUE
BOYNTON BEACH, FL 33435
ONLINE SUBMISSIONS ONLY
BID CLOSING DATE: OCTOBER 27, 2020
NO LATER THAN 2:30 P. M.
Page 89 of 1203
2
INVITATION FOR BIDS
FOR
LANDSCAPE MAINTENANCE SERVICES – LOTS AND
ALLEYWAYS (LT) AND (AW)
TABLE OF CONTENTS
Scope of Services Information .......................................................................................... 3
Section 1 – Scope of Services and Project Information……………………………………….5
Section 2 – Instruction to Bidders ...................................................................................... 18
Section 3 – Bid Submission Requirements ........................................................................ 20
Section 4 – General Conditions ......................................................................................... 22
Section 5 - Special Conditions .......................................................................................... 33
Submittal of General Information, Procurement Forms and Documents
To be Completed and Uploaded Online
Proposer’s Qualification Statement .......................................................................
Anti-Kickback Affidavit ...........................................................................................
Non-Collusion Affidavit of Proposer .......................................................................
Certification Pursuant to Florida STATUTE § 287.135 ...........................................
Draft Contract
Draft Contract Agreement ……………………………………………………………….C1-C6
Insurance Advisory Form ………………………………………………………………..C-7
Exhibit ‘A’
Scope of Services ………………………………………………………………………...C-8
Exhibit ‘B’
Schedule of Prices ………………………………………………………………………..C-9
Exhibit ‘C’
Invitation to Bid (ITB) No.034-2730-20/RW…………………………………………….C-10
Page 90 of 1203
3
INVITATION TO BID (ITB)
034-2730-20/RW
FOR
LANDSCAPE MAINTENANCE SERVICES – LOTS AND ALLEYWAYS (LT) AND (AW)
Electronic Invitation To Bids (ITB’s) shall be received by the bidding system up until: October 27,
2020 No Later Than 2:30 PM (Local Time).
A MANDATORY Pre-Bid Conference is scheduled for October 08, 19 A.M., (local time), to be held
at City Hall 100 East Ocean Avenue, Boynton Beach, FL 33435.
Attendance is mandatory and proof of attendance will be evidence by the Bidder’s signature or
signature of Bidder’s designee on the attendance sheet provided at the site. The Public Works
Department will provide an escort to the site.
MANDATORY SITE INSPECTION
A MANDATORY SITE INSPECTION will take place starting immediately following the Pre -Bid
Meeting. After the pre-bid conference, the City shall provide transport to inspect various site locations
listed in the bid. The Site Inspection Bidder Registration form is included in this bid package and is
required for anyone attending the mandatory site inspections. Bidders that have not performed
the Mandatory Site Inspection at this designated time will be considered non-responsive.
Question Deadline: October 15, 2020, No Later Than 12:00 P.M.
All Bids will be publicly opened online at Boynton-beach.bidsandtenders.net. Bids received after the
assigned date and time are not permitted by the bidding system. For the above reasons, it is
recommended that sufficient time to complete your online Submission and to resolve any issues that
may arise. The closing time and date shall be determined by the Bidding System’s web clock.
ATTENTION, ALL INTERESTED RESPONDENTS:
To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not
provided in any other manner. Maps are available to be viewed online by visiting http://boynton-
beach.maps.arcgis.com/apps/View/index.html?appid=06a9a0bc17d74c479728cffb1feace77.
SCOPE OF ITB:
The City of Boynton Beach is seeking bids for landscape maintenance services for the City’s LOTS
AND ALLEYWAYS (LT) AND (AW). Miscellaneous lots and alleyways shall be mowed regularly once
a month minimum. The overhanging trees shall be maintained to a level of not less than 10’ from
ground for maintenance and pedestrian safety. Any minor debris shall be collected and disposed of.
Major debris piles shall be brought to the attention of the Parks Superintendent or Designee for
determination of how and who is to dispose of the debris.
TERM OF CONTRACT
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 (1)
Page 91 of 1203
4
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.
BONDING: When required by the specifications herein, the successful Bidder shall furnish
Performance and Payment Bonds, and/or Warranty Bond, as stated on in the Bid documents on the
City’s forms within ten (10) calendar days after notification of contract award. Failure to furnish the
required bonds within the time specified may be cause for rejection of the Bid and any Bid deposit
may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair
estimate of the amount of damages the City would sustain due to the Bidder’s failure to furnish said
bonds.
LOBBYING / CONE OF SILENCE
Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach
County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be
imposed upon each competitive solicitation from the time of advertisement and shall remain in effect
until Council awards or approves a contract, rejects all bids or responses, or otherwise takes action
that ends the solicitation process. While the cone of silence is in effect, no Bidder or its agent shall
directly or indirectly communicate with any member of City Commission or their staff, the Manager,
any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award
of a particular contract or member of the Selection Committee in reference to the solicitation, with the
exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code
of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award
of contract to the Bidder. Further, any contract entered into in violation of the cone of silence shall
render the transaction voidable.
The cone of silence shall not apply to oral communications at any public proceeding, including pre-
bid conferences, oral presentations before Selection Committees, and contract negotiations during
any public meeting, presentations made to the City Commission, and protest hearings. Further, the
cone of silence shall not apply to contract negotiations between any employee and the intended
awardee, any dispute resolution process following the filing of a protest between the person filing the
protest and any employee, or any written correspondence with Boynton Beach as may be permitted
by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made
in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual.
PUBLIC RECORDS DISCLOSURE:
Pursuant to Florida Statutes §119.071(1), sealed Bids, Proposal or Responses received by the City
in response to a Request for Qualification or Invitation to Bid are exempt from public records
disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening
of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for
Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to
reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure
until such time as the City provides notice of a decision or intended decision concerning the
competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid,
Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City
notice rejecting all Bids, Proposals, or replies.
Questions related to this ITB are to be submitted to the Purchasing representative through the Bidding
System only by clicking on the “Submit a Question” button for this specific Solicitation.
Page 92 of 1203
5
INVITATION TO BID (ITB)
No. 034-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – LOTS AND ALLEYWAYS (LT) AND (AW)”
SECTION 1 –SCOPE OF SERVICES AND GENERAL REQUIREMENTS
1.1 BID 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 (1) 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.
1.2 BASIS OF AWARD:
While it is the intent of the City to award the bid to one vendor who is the lowest responsive
and responsible Bidder as determined by the city, the City reserves the right to make multiple
awards. The City reserves the right to reject all bids, waive non-material errors in the bids, to
abandon the project and to solicit and re-advertise for other bids.
Once opened, the bids will be tabulated and evaluated by the City before recommendation
and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or
reject any or all bids for any reason whatsoever. The City further reserves the right to waive
irregularities and technicalities and/or to request resubmission. There is no obligation on the
part of the City to award the bid to the lowest Bidder, or any Bidder. The City reserves the
right to make the award to a responsible Bidder submitting a responsive bid most
advantageous and in the best interest of the City. The City shall be the sole judge of the bids
and the City’s decision shall be final.
1.3 SCOPE OF WORK TO BE PERFORMED:
1.3.1 PURPOSE
The purpose and intent of this invitation to bid is to establish a Contractor who provides
landscape maintenance services within the City of Boynton Beach. The Contractor shall
provide quality workmanship is expected to be superior and high level at all times, and
detailed service is expected in all areas serviced. The highest level of service will be provided
by the awardee, with care and compassion for the City’s residents and patrons.
Page 93 of 1203
6
The Contractor shall remove all litter, debris and trimmings during every service. Dead plants
will be removed and noted in the monthly report. Significant problems with safety, health of
plants, infestations should be brought to the attention of the Director of Public Works or
Designee immediately.
The city is expecting the awardee to be vigilant and ascertain preservation in the city’s behalf
when it pertains to the aesthetics of the awarded sites. The City is relying on the Awardee to
be responsible and accountable for the landscape materials left in their care. If neglect is
shown on the part of the Awardee, the City will hold the Awardee responsible for the
replacement of any and all of the plant materials that are shown to perish under their care.
The Awardee(s) must at all times adhere to the City of Boynton Beach’s Code of Ordinances,
Part III – Land Development Regulations, Chapter 4 – Site Development Standards, Section
4 - Standards.
1.3.2 TECHNICAL SPECIFICATIONS AND SCOPE OF WORK:
LOTS AND ALLEYWAYS (LT) AND (AW):
The Contractor shall maintain Miscellaneous lots and alleyways shall be mowed regularly
once a month minimum. The overhanging trees shall be maintained to a level of not less than
10’ from ground for maintenance and pedestrian safety. Any minor debris shall be collected
and disposed of. Major debris piles shall be brought to the attention of the Parks
Superintendent or Designee for determination of how and who is to dispose of the debris. All
general maintenance shall be provided with the provisions listed in section 4 of this contract.
The scope of work shall include but not be limited to the furnishing of all labor, materials,
equipment, and incidentals required for: mowing, trimming, edging and weeding of all
landscaped areas, including turf areas, flower beds, shrub beds, and ground cover beds, pest
control/herbicide treatment, fertilization, mulching, blowing sidewalks, and roads as needed,
and the removal of all litter and landscape debris, such as fallen palm fronds while on site.
All trees shall be trimmed to allow for a 10’ clearance at all times and is part of general
maintenance requirements.
Minor irrigation repairs are expected as part of the monthly service. Replacement parts
including heads, nozzles and rotors will be provided by the City upon receipt of request form
submitted with monthly wet check reports.
Before any repairs are to be made, the Director of Public Works or Designee will verify the
area of concern and make the determination as to whether the Awardee shall make the
repair or if the City will repair the system. If Awardee is selected to make the repair, the City
will furnish the parts, repairs will be completed and damaged or old parts will be returned to
the Director of Public Works or Designee for verification.
As part of contractors site inspection any areas that are not up to standards must be brought
into compliance within the first ninety (90) days of the contract and any costs associated with
this process shall be included as part of the per service cost and paid out as part of the
monthly payment over the contract term. These items will inc lude initial weed control,
removal of dead plants, trimming of trees, pruning of shrubs and ground cover, removal of
exotic and/or invasive trees and plants.
Page 94 of 1203
7
1.3.2.1 MAINTENANCE FREQUENCY:
The work shall commence upon Notice to Proceed. All maintenance sites shall be completed
according to the time frame set out in this Bid Specification.
The Awardee shall complete the work in the number of consecutive calendar days set forth in
this specification, unless the date of maintenance is extended pursuant to the approval of
the Director of Public Works or Designee. The Awardee shall provide to the Director of Public
Works or Designee a complete schedule of when work is to be performed on each site. Any
changes must have prior authorization and agreement between the City and the Awardee in
writing.
1.3.2.2 MAINTENANCE SCHEDULING
If the Awardee has an unf oreseen circumstance, the Contractor may service a site 24 hours
prior to the initial maintenance scheduled date or 24 hours thereafter with prior written
approval from the Director of Public Works or Designee. The Director of Public Works or
Designees shall be the sole judge of what constitutes an unforeseen circumstance.
During drought conditions or acts of God, the Parks and Grounds Maintenance Department
reserves the right to suspend any and/or all parts of this award and payment with a 24 -hour
notice to the Awardee. The Parks and Grounds Maintenance Department will provide a 24-
hour notice for re-institution of the award.
It is the Awardee’s responsibility to perform the requirements as set forth in this award. Any
delays in service due to adverse we ather shall only occur with prior written approval from
the Parks and Recreation representative, or within 48 hours to ensure scheduled service has
been performed. There shall be no provision provided for rain delays.
The section below (Section 4) shall be printed, given to the crew leader and kept with them
while service is performed so the crew is aware of all requirements while on site. In the future
the city will provide an application (app) usable on smartphones with a checklist to be
completed prior to leaving site.
1.3.2.3 MAINTENANCE AREA REQUIREMENTS:
Pre-inspection of the sites shall be done prior to performing maintenance. This shall include
de -littering the site, including any illegal dumping present on site. The trash, debris, signs,
etc., shall be disposed of properly at the expense of the Awardee. Mowing of all turf areas
within the site includes right of ways, perimeter roads, waterway banks (to mean high water
line), and excludes natural maintained areas. All material cleaned up must be removed
from the worksite and disposed of in a recognized landfill or incinerator at the expense
of the Awardee. Blowing or sweeping debris into the street or storm water inlets is prohibited.
Page 95 of 1203
8
On the Bid Sheets, the (Number of Applications) refers to the number of times the site will
receive a service. The number of services is as follows:
1 = 1 service per year
12 = 1 service per month
18 = 1 service per 3 weeks
26 = 1 service per 2 weeks
52 = 1 service per week
104 = 2 services per week
156 = 3 services per week
Basic Maintenance per service includes:
a. Mowing (weed eating and blow off included)
b. Shrub Trimming
c. Edging
d. Weed Control
e. Pruning up to 10 feet (from existing grade)
f. Monthly irrigation wet checks (including minor repairs)
g. Monthly reports
The additional bid sheet items are for services not included in Basic Maintenance, Mulching,
Fertilizers, or Pesticide applications, but may be required from time to time. Prices should
be provided so that the City deem necessary; the additional work can be assigned for the
predetermined price.
SIDEWALK(S) - Paths, trails , sidewalks, and other impervious improvements within site
perimeter shall be edged on both sides using mechanical edgers. All grass and weeds
growing in the cracks shall be removed. Any herbicide used to retard growth must include
a tracer and be approved by the Director of Public Works or Designee in writing prior to
use. Grass and weeds killed with herbicides must be removed after five to seven days.
Paths, trails, and sidewalks shall be blown free of all grass, weeds, dirt, sand and any foreign
material or debris. Limbs hanging over sidewalks must be trimmed to a height of 10 feet
from the ground. Blowing or sweeping debris into the street or storm water inlets is
prohibited. Any limbs impeding walking, playing, biking, or general maintenance shall be
removed to a height of no less than 10 feet ONLY AFTER visual review of the Director of
Public Works or Designee and authorization from the City.
CURBS, GUARDRAI LS, AND ROADWAYS - Shall be edged with mechanical edgers,
trimmed, swept or blown free of all grass, weeds, shrubs, groundcover, dirt or foreign
material and debris. All plant material shall be maintained a minimum of 18 inches
behind the back of the curb. At no time should plant material be allowed to cover or
Page 96 of 1203
9
obstruct the curb line. Curbs that abut with concrete or asphalt walks shall be cleaned of
grass, weeds, shrubs, sand, gravel, trash, debris or anything unsightly. All grass or weeds
growing in or through cracks or breaks, or through concrete or asphalt shall be removed
using the same guidelines as above. All materials cleaned up shall be removed and
disposed of at the expense of the Awardee. Blowing or sweeping debris into the street or
storm water inlets is prohibited. Maintain plant material 5 feet off guardrail.
NON-CURB AREAS - Any roadways where no curb or gutter exists shall be edged to the
edge of the pavement during each cycle. W here no curb exists, keep all plant material,
mulch, etc. a minimum of 36” off of roadway and/or shoulder. Any limbs impeding walking,
playing, biking, or general maintenance shall be removed to a height of no less than 10 feet
ONLY AFTER visual review of the Director of Public Works or Designee and authorization
from the City.
STORM SEWER/DRAINAGE GUTTERS, INGROUND UTILITY BOXES AND TREE
GRATES ON SITE OR DIRECTLY ABUTTING SITES - Shall be cleaned and left free of
all grass/weed clippings, sand, rocks, foreign material, or other unsightly material. Any
broken, damaged, or missing grates must be reported to the city representative immediately.
No sand, debris, or other item shall be blown into storm drains per City code.
LITTER - The Awardee shall remove trash from work area per scheduled maintenance visit
prior to mowing. All illegal dumping should be reported to the Parks Representative
upon arriving at the site. Do not relocate any trash, debris or junk from one area to an
adjacent lot or any unauthorized area as this is in violation of City of Boynton Beach
Ordinances and could jeopardize your position of being able to conduct business with the
City. Trash shall be disposed of at the County landfill, incinerator or other legal and
acceptab le means at the expense of the Awardee.
TURF MOWING - Mo wer blades shall be set at a mowing height of three inches (except Town
Square Bermuda grass which will be 1”), or as directed by the Director of Public Works or
Designee. All mowing decks should be cleaned prior to mowing to prevent contamination
from other locations. Blades must be kept sharp at all times during mowing of grass. All turf
areas shall be litter free prior to mowing. Pre-inspection of the site shall be done prior to
performing maintenance. This shall include de -littering the site and removal of all snipe signs
within the park or right of way area. The trash, debris, signs, etc. shall be properly disposed
of. Extreme caution shall be used when working around parked vehicles, exposed tree roots,
and visitors. The Awardee must use mulching mowers and/or mower shoots with a rear
discharge and all safety features, including blade guards, must be engaged and in use at all
times.
LINE TRIMMING - Line trimmers may be used to trim around telephone poles, sign posts,
buildings, play and ancillary equipment, and along and around fences (includes chain link,
post and rail, and bollards), etc. After areas have been sprayed with glyphosate and show
signs of being dead, the Awardee shall be responsible for removal within 7 days. No blades,
line only around trees, shrubbery, litter receptacles, fountains, and irrigation controllers. Line
trimmers must not be used within any three-foot tree ring. The awardee shall be held
responsible for all damage to tree trunks, coping, or other ornamental materials.
EDGING - All edging shall be done during each maintenance cycle and with a mechanical
edger. Line trimmers and trimmers with blades shall not be an acceptable practice.
Page 97 of 1203
10
LANDSCAPE BED MAINTENANCE - Beds shall be free of weeds. Maintenance of all b ed
areas shall be completed every visit. Plant materials within the beds shall be maintained
within the boundaries of beds, not allowed to encroach upon turf areas, sidewalks,
walkways, curbs, guardrails or roadways, etc. Plant materials shall be maintaine d at an
approved level of growth unless otherwise specifically identified by the Director of Public
Works or Designee. Plant material and shrubs installed at tips of medians that could interfere
with maintenance of traffic site lines shall be maintained year around at a height of no more
than 18” inches from the road surface or 18” from the curb elevation in any area identified
as being in a sight triangle. There shall be a clear line of definition between plant species in
all beds. Plants shall not be allowed to encroach or cover other plant species within the same
bed.
MULCH - The Director of Public Works or Designee shall be the only authorization, as to, if
mulch is to be applied, how, and where at each maintained area.
Mulch, shell or other ground covering should not be included in bidders per service price, but
as separate option pricing as indicated in ADDITION/DELETION COST BREAKDOW N
page of the Bid Response Pages. NOTE: The cost of materials and labor for mulch are a
separate line item on the Bid Response Page and should not be incorporated in the service
cost per location price. Bid shall consist of the installation of mulch in a uniformly applied
application of a minimum of 3” deep, except for play areas and around play equipment which
will be determined by the fall height guidelines in accordance with the International Play
Equipment Manufacturer’s Association (IPEMA).
Guidelines for Mulch Application (if applicable): A t no time shall a different mulch material(s)
be applied over an existing type of mulch unless approved by the Director of Public Works
or Designee. Mulch shall be installed during November and December of each award year
and must be installed within thirty (30) working day s. A minimum mulch depth of three
inches ( 3 ” ) shall be applied upon approval. Awardee shall supply all mulch, labor and
equipment. Mulching material shall be horticultural grade “shredded Grade A”. No cypress
mulch shall be used. Mulch shall be Florida Eco-Mulch, eucalyptus, or other Parks and
Grounds Maintenance Department approved material. Mulch color material shall be
determined by Director of Public Works or Designee.
Frequency: Annually per location or as directed by the Contract Administrator. It is the
awardee’s responsibility to maintain a consistent mulch area all year long. If areas are
damaged or washouts occur, the awardee will replace the mulch in that area as part of this
BID.
a. At no time will mulch be allowed to flow into a street or over curb lines.
b. Mulch must be free from any foreign matter, weeds, seeds, or insects and must not
contain large pieces of bark or more than 10% bark by volume.
c. All areas where mulch is to be installed must first be clear of all weeds.
d. Existing mulch that is 3 inch or thicker must be removed prior to the installation of new
mulch.
e. Mulch shall be placed 3 inches away from base of plant.
Page 98 of 1203
11
f. Mulch shall be placed 6 inches from tree trunks.
g. Mulch (for common areas/plant beddings) must meet requirements of FS Q-P 166E
Class B for coarseness classification and be horticultural grade “shredded Grade
A”. Mulch (for play areas) must be in compliance with the American with Disabilities
Act (ADA), the Architectural Barriers Act (ABA) Standard approved and
International Play Equipment Manufacturer’s Association (IPEMA) certified.
TREE RINGS - Three-foot diameter rings shall be maintained around those that have
established rings. The use of mechanical edger is preferred. These rings shall be maintained
with three to four inches of mulch unless prior approval by the Director of Public Works or
Designee. Line trimmers shall not be used within this three -foot ring. Glyphosphate or other
chemicals shall not be applied directly on the bark or foliage of any plants, trees, or shrubbery.
INSECT/PEST CONTROL - All plants, shrubs and tree materials shall be inspected at time
of work insects/pests and appropriate methods shall be taken to control insects/pests found
through t he use of approved insecticides/pesticides. Amdro is approved for fire ants. All
other chemicals shall be pre-approved by the Director of Public Works or Designee as
detailed in the technical specifications.
ALL TREES AND PALMS - Trees and Palms shall be trimmed annually or as needed for
public safety, in all median and parkway areas, and from walkways and vehicular traffic areas
within the medians and parkways to present an aesthetic appearance, to encourage healthy
vigorous growth, and to mainta in effective safety procedures. Crown Reduction,
Restructuring, uplifting, or Removal should not be included in bidders per cycle price, but as
separate option pricing as indicated in ADDITION/DELETION COST BREAKDOW N page of
the Bid Response Pages.
However , occasional pruning is required for any limbs or branches that block site distances,
impede pedestrian or automobile traffic as part of each service. Maintain a minimum of 10’
clearance over all pedestrian and 16’ over traffic areas. Cuts shall be made with sharp an d
proper tools. When cutting parts of branches, leave a living bud at the end of the stub. Make
cuts sufficiently close to parent stem so that healing can readily start under normal conditions.
Limb cuts shall be clean and at the collar of each limb. Pruning shall also be required from
time to time to remove branches damaged from storms, frost or when blocking site lines, etc.
Suckers and waterspouts shall be removed from the base of all trees during the maintenance
period.
All tree trimming will be completed by a certified as an ISA Certified Arborist from the
International Society of Arboriculture certification shall be on file with the City at all times. ISA
standards are expected in relation to collar cuts, restructuring, or crown reduction. Up-Lifting
is not allowed unless determined by the City Landscape Architect.
FERTILIZER - The Director of Public Works or Designee shall be the only authorization as
to if fertilizer is to be applied, how, and where at each maintained area. The City may
authorize one or several awardees to apply fertilizer to all maintained areas. Please
reference bid sheets and include price per square foot of fertilization. If awarded, the Awardee
shall give written notice to the Director of Public Works or Designee and provide fertilizer
labels for review, four weeks prior to servicing sites with fertilization. All Federal, local, state
and county regulations must be adhered to.
Page 99 of 1203
12
1.3.2.4 FERTILIZER SPECIFICATIONS
All landscape beds, trees and plant material, shall be fertilized (upon direction of Director of
Public Works or Designee) a maximum of twice (2X) per the below ratio and/or season
schedules. All fertilizer shall be applied with ratios stated below:
Turf, Plants, Trees & Palms - Mid-March to Mid-April & November Areas with Special
needs:
PF/SE/007 - Pence Park - Bermuda on the ballfield and St. Augustine in park.
PF/SW/003 - Congress Ave. Barrier Free Park - Bahia and St. Augustine turf
PF/NW/004 - Fire Station #5 - All Bahia
PF/NW/007 - Ezell Hester Center - Bermuda ball fields and St. Augustine
PF/NW/005 - Galaxy Park - Bermuda ball field and St. Augustine
PF/NW/017 - Carolyn Sims Center - Bermuda ball field and St. Augustine
St. Augustine & Bahia Turf 24-0-11 (approximately 50% slow release)
Nitrogen – 24% urea Nitrogen
Soluble Potash – 11%
Plus – Sulfur, Iron, Manganese, Chlorine
Bermuda & Zoysia Turf 15-0-15 (approximately 50% slow release)
Nitrogen – 4.5% Ammoniacal Mitrogen and 10.5% Urea Nitrogen
Soluble Potash – 15%
Trees – 7-1-7 (slow release)
Nitrogen - .39% Ammoniacal Nitrogen & 6.61% Urea Nitrogen
Available Phosphate – 1%
Soluble Potash - 7%
Plus – Sulfur, Iron, Manganese, Chlorine
Palms - 10-4-12 (slow release)
Nitrogen – 5% Ammnoniacal nitrogen & 5% Urea Nitrogen
Plus – Magnesium, Sulfur, Boron, Iron, Manganese, Chlorine
Flowering Shrubs – 14-14-14 (approximately 50% slow release)
Nitrogen – 5.45 % Ammoniacal Nitrogen & 8.55% Urea Nitrogen
Available Phosphate –14%
Soluble Potash - 14%
Plus – Sulfur, Iron, Manganese, Chlorine
Non-Flowering Shrubs - 13-3-13 (slow release)
Nitrogen –1.15% Ammoniacal Nitrogen &11.85% Urea Nitrogen
Available Phosphate –3%
Soluble Potash - 13%
Plus – Magnesium, Sulfur, Iron, Manganese, Chlorine
WEED CONTROL - Controlling weeds with chemicals in all lawns, bed areas, concrete
slopes, tree grate areas, planters, etc., shall be in compliance with product labeling and the
State of Florida Agriculture Department’s Extension Service. W eed control shall be
Page 100 of 1203
13
performed at the early signs of weed growth and shall be repeated as required. The
manufacturer’s written instructions shall be strictly adhered to for application rates, etc.
Chemical herbicides may be used along building edges, tree wells, bed areas, etc., as long as
the appearance of dead vegetation is not apparent. Any damage to existing turf or plant material
due to herbicidal over-spray shall be the responsibility of the Awardee, and will be replaced at
their cost. The Awardee shall use an approved herbicide with tracer, which is recommended
for the control of the types of weeds encountered. The manufacturer’s written instructions shall
be strictly adhered to for application rates, etc. All weeds and refuse shall be removed from
the site as the work is in progress. Weed control by hand and/or spraying shall be completed
at the time of service or as specified by the Director of Public Works or Designee.
1.3.2.5 MAINTENANCE REQUIREMENTS SUMMARY:
a. The Contractor shall mow, weed, edge, trim, prune and blow and/or sweep off hard
surfaces as per maintenance frequencies of service.
b. The Contractor shall conduct irrigation wet check, minor irrigation repairs including
nozzle, head or rotor replacement.
c. The Contractor shall apply weed control in turf per the frequency of service.
d. The Contractor shall r eport Graffiti and Illegal Dumping per the frequency of service.
e. The Contractor shall check trees/shrubs for disease and insects and report accordingly
as per maintenance frequencies of service.
f. The Contractor shall prune trees up to 14 foot as needed upon discretion of The
Director of Public Works or Designee.
g. The Contractor shall fertilize on a biannual basis and advise of monitoring thirty (30)
days before application.
h. The Contractor shall mulching annually upon discretion of The Director of Public Works
or Designee.
i. The Contractor shall conduct mangrove trimming on an as needed basis, upon the
discretion of The Director of Public Works or Designee.
j. The Contractor shall conduct fire ant control on an as needed basis, upon discretion
of The Director of Public Works or Designee.
k. The Contractor shall conduct bee removal on an as needed basis upon discretion of
The Director of Public Works or Designee.
NOTE: It is the Awardee’s responsibility to meet all specifications set forth above.
1.3.3 PERFORMANCE WARRANTY:
The vendor shall guarantee all work, equipment and materials included in the service against
any defects in workmanship; and shall satisfactorily correct, at no cost to City, any such defect
Page 101 of 1203
14
that may become apparent within a period of one year after completion of work. The warranty
period shall commence upon date of acceptance, inspection and approval by City
Representative only. If the vendor is notified in writing of a deficiency in the work provided,
within one year from completion of the work, the vendor shall, at City's option, re- perform the
work in question at no additional cost to City, or refund the original charges for the work in
question to City, including the difference in cost if any, to re-perform the work if completed by
another vendor.
1.4 GENERAL REQUIREMENTS
A. REFERENCES:
Bidders shall complete reference document submitted with their bid of at
least three (3) letters of reference from customers attesting to satisfactory
performance of awards performed within the past two years, each reference
must have been for contracted landscaping maintenance services on
properties consisting of at least 1 acre, and includes all of maintenance
request items listed herein. This reference list shall be complete with
contact person(s), telephone numbers, and email addresses. Please do not list
the City of Boynton as a reference.
NOTE: The information requested must include a current contact name, phone number and
email address for each reference.
B. COMMUNICATIONS:
The contractor or his/her representative will meet with the City’s contract administrator every
other Monday, to discuss schedules, problems, needs, and mutual areas of concern.
C. QUALIFICATIONS:
The bidder shall provide references on the accompanying sheets in this bid package. The
Bidder shall be qualified in the landscape maintenance service field for a minimum of 5 years.
The bidder shall show that they have provided similar service in accordance with the bid
documents, and a review of a sample area (street address) shall be provided for review of
previous work quality expected in the bid documents.
The bidder(s) must have adequate organization, facilities, equipment and personnel to insure
prompt and efficient service. The City of Boynton Beach (COBB) reserves the right, before
recommending any award, to inspect the facilities to determine ability to perform. The City of
Boynton Beach COBB reserves the right to reject bids where evidence submitted,
investigation and/or evaluation, is determined to indicate inability of the bidder to perform.
All questions submitted (along with their source) are subject to Public Records Laws and as
such will be available for inspection upon receipt of a Public Records Request.
D. SECURITY AND ACCESS:
All contract/sub-contract employees will display City issued photo identification badges while
working on City premises. No contract/sub-contract employee will be allowed access to any
City facilities area without displaying the required City issued photo identification badge,
Page 102 of 1203
15
wearing uniform shirts clearly identifying the company’s name, and wearing closed toe, rubber
soled shoes at all times. Also, while shorts are acceptable, they cannot be more the 3” above
the knee caps.
The contractor/sub-contractor will work in several areas which are:
1. Under secured access
a) Shall be maintained in a secured condition and will be locked immediately upon
the contractor completing their work.
2. Generally opened to the public for meetings, rentals, and other uses.
E. SUB-CONTRACTING:
If a vendor intends to sub-contract any portion of this bid for any reason, the name and address
of the subcontracting firm must be submitted with the bid or prior to use for approval. No sub-
contracting will take place prior to bid-awarded vendor furnishing this information and
receiving written approval from the COBB. Subcontractors will be required to conform to the
Jessica Lunsford Act as noted in the Instructions to Bidders document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed in
the proper performance of an award or failed to deliver on-time contracts of a similar nature, or
who is not in the position to perform this award. The Contract Administrator reserves the right
to inspect all facilities of any subcontractor in order to make determination as to the foregoing.
The subcontractor will be equally responsible for meeting all requirements specified in this
Invitation to Bid. Vendors are encouraged to seek minority and women business enterprises for
participation in sub-contracting opportunities. The sub-contractor shall be equally responsible
for meeting all requirements specified in this Invitation to Bid.
F. PAYMENT TERMS:
Payment will be made after the goods/services from the awarded vendor have been
received/completed; inspected and found to comply with award specifications, free of damage
or defect; and a properly billed invoice is received and processed in the Accounting Services
Department.
Payment will not be processed until the following occurs:
1. The complete and satisfactory receipt of all items ordered. All pricing in accordance
with the bid.
2. The receipt of a properly billed invoice sent to the Contractor Administrator.
3. The contract shall be paid in 12 equal monthly installments.
Invoices to the COBB MUST include the following to permit verification of prices and
expedite payment to vendors:
1. Name and Address of Vendor
2. A Unique Invoice Number
3. Date of Service(s)
4. Itemized pricing to include copy of vendor’s invoice for any equipment and parts used
(including mark-up as specified in Attachment “C”.
5. City of Boynton Beach Purchase Order Number
Failure to timely submit invoices(s) within 30 days to the Contract Administrator as set forth
above may significantly delay processing and payment of the invoice.
Page 103 of 1203
16
The above terms and conditions are agreed to by submitting an offer on this bid.
G. INCORRECT PRICING ON INVOICES:
Any pricing on invoices that are incorrect or freight charges that were not included on the
original Purchase Order, must be brought to the attention of the Contract Administrator and
corrected prior to the shipment(s) of goods or initiation of services. Additional costs that were
not brought to the Contract Administrator’s attention and did not receive written approval via a
Change Order issued by the Buyer may not be honored.
H. CHANGE ORDERS:
Any addition(s) to the Scope of W ork or to a Purchase Order as a result of the bid award that
adds additional costs must be brought to the Contract Administrator’s attention and approved
by the Purchasing Department prior to commencement of additional work, shipment of goods
or the addition of unauthorized freight charges. Once approved, a Change Order will be issued
to include the additional costs and work may commence and/or shipment of goods can begin.
Additional costs that were not brought to the Contract Administrator’s attention and did not result
in a Change Order approved by the Buyer may not be honored.
I. COMPLETION OF SERVICES AND LIQUIDATED DAMAGES:
The completion date for repairs or projects shall not exceed quoted or set project schedule,
unless written request for extension and the approved authorization has been granted. Should
the bidder to whom the repair work is awarded, fail to complete the work within the number of
days stated in the quote, the COBB reserves the right to:
1. The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount
of damages which the City will suffer in the event the Contractor does not timely complete
the scope of work and/or perform to the technical specifications as outlined in the bid
documents and contract. The Contractor and City agree these liquidated damages shall be
assessed as damages, as provided in the Contract, and that they are not, and shall never be
considered to be a penalty.
2. Liquidated damages due to the City may be deducted from payments due the Contractor, or
may be collected from the Contractor or his Surety. These provisions for liquidated damages
shall not prevent the City, in case of the Contractor’s default, from terminating the right of the
Contractor to proceed as provided in the Contract.
3. Upon the occurrence of any failure to perform, the City shall notify the Contractor in writing
of the nature of the failure and of City's intention to request corrective action(s), assess
liquidated damages or either terminate the Contract.
4. Upon receipt of any such notice, Contractor, unless the notice requires otherwise:
a. Shall promptly make every reasonable effort to correct all items listed in the notice
satisfactory to the City’s requirements within one (1) calendar day;
b. Failure to correct all items within three (3) calendar days will result in damages being
assessed as shown below under Section 1.5 – Liquidated Damages:
Page 104 of 1203
17
c. Failure to correct for the same item three (3) times in a ninety (90) day period will
automatically be grounds for termination of the contract.
5. Liquidated Damages – The Liquidate Damages shall be assessed as follows:
Service item % reduction in monthly payment
a. Missed/Noncompliant Mowing of Turf/Grass 12.5% per occurrence
b. Missed/Noncompliant Trimming/Pruning 20.0% per occurrence
c. Missed/Noncompliant Litter Control 1.25% per occurrence
d. Missed Wet Check 10.0% per occurrence
e. Missed/Noncompliant Edging/Line Trimming 1.25% per occurrence
f. Missed/Noncompliant Weed Control 10.0% per occurrence
If the COBB exercises one of these options, the COBB may at its option request payment from
the bidder through invoice or credit memo, for any additional costs over and beyond the original
quoted prices, which were incurred by the COBB as result of having to secure the services
elsewhere or for liquidated damages. If the bidder fails to honor this invoice or credit memo, the
COBB may remove that bidder from the contract.
J. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER:
The successful Bidder shall promptly correct all deficiencies and/or defects in work and/or any
work that fails to conform to the Contract Documents; whether or not fabricated, installed or
completed. All corrections shall be made within 24 hours after such rejected defects,
def iciencies, and/or non-conformances are reported in writing (email, memo, inspection
reports, etc.) to the Bidder by the Contract Administrator or designee. The Bidder shall bear
all costs of correcting such reject ed work. If the Bidder fails to correct the work within the period
specif ied; the COBB may, at its discretion, notify the Bidder, in writing, that the Bidder is
contractually def ault and obtain the services of another vendor to correct the deficiencies, and
charge the Bidder for these costs; either through a deduction from the final payment owed to
the Bidder or through invoicing.
Page 105 of 1203
18
INVITATION TO BID (ITB)
No. 034-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – LOTS AND ALLEYWAYS (LT) AND (AW)”
SECTION 2 – INSTRUCTIONS TO BIDDERS
2.1 Electronic Invitation to Bid (ITB’s) shall be received by the City’s e-Procurement bidding
system no later than: October 27, 2020 No Later Than 2:30 PM (Local Time).
2.2 Late responses are not permitted by the bidding system. It shall be the sole responsibility of
the Bidder to have their ITB submittal submitted online.
2.3 Bidders shall acknowledge receipt of any addenda through the Bidding System by checking
a box for each addenda and any applicable attachment.
2.4 It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders
should check online at Boynton-beach.bidsandtenders.net prior to submitting their bid and up
until the ITB closing time and date in the event additional addenda are issued.
2.5 To obtain documents online please visit Boynton-beach.bidsandtenders.net. You may preview
the ITB documents with a Preview Watermark prior to registering for the opportunity.
Documents are not provided in any other manner.
2.6 ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System.
Hardcopy submissions are not permitted.
2.7 Bidders are cautioned that the timing of their bid submission is based on when the bid is
RECEIVED by the bidding system, not when a bid is submitted, as the submittal transmission
can be delayed due to file transfer size, transmission speed, etc.
2.8 For the above reasons, it is recommended that sufficient time to complete your bid Submission
and to resolve any issues that may arise. The closing time and date shall be determined by
the Bidding System’s web clock.
2.9 Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior
to the closing time and date, if they encounter any problems. The Bidding System will send a
confirmation email to the Bidder advising that their submittal was submitted successfully. If
you do not receive a confirmation email, contact bids&tenders support at
support@bidsandtenders.net.
2.10 Late Submittal Responses are not permitted by the Bidding System.
Page 106 of 1203
19
2.11 To ensure receipt of the latest information and updates via email regarding this Invitation to
Bid, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the
Bidder to create a Bidding System Vendor account and register as a Plan Taker for the
Solicitation.
2.12 All expenses for making ITB responses to the City are to be borne by the Bidder.
2.13 A sample draft agreement that the City intends to execute with the successful firm(s) is
contained within this Invitation to Bid for review. The City reserves the right to modify the
contract language prior to execution.
2.14 Each Bidder, by submission of a bid response, acknowledges that in the event of any legal
action challenging the award of an ITB; damages, if any, shall be limited to the actual cost of
the preparation of the ITB.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
Page 107 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
INVITATION TO BID (ITB)
No. 034-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – LOTS AND ALLEYWAYS (LT) AND (AW)”
SECTION 3 – BIDDER SUBMISSION REQUIREMENTS
3.1 SUBMISSION OF INVITATION TO BID
A. The Contractor shall provide all services and necessary items of expense, including but not
limited to labor, material, trucking, transportation, equipment, power, supervision, and all other
services and items of expense required for the complete performance of all Work.
B. Pay legally required sales, consumer, and use taxes.
C. Pay all charges by all suppliers and subcontractors to the Contractor for such work as
supporting, replacing, moving or providing protection for their facilities as necessitated by the
Contractor's operation.
D. Pay all costs of restoration of pavements, landscaping, and structures damaged by the
Contractor's operation, including all staging areas solely to the satisfaction of the City
E. Give all required notices.
F. Comply with laws, codes, ordinances, rules, regulations, orders, and other legal requirements
of public or quasi-public authorities that bear on the performance of the work.
G. The Contractor shall be responsible for safely barricading open excavations which may
present hazards.
H. The Contractor shall be responsible for securing all tools, equipment and material at the job
site.
I. Ensure that all personnel are properly dressed with OSHA approved clothing and safety gear,
including but not limited to hard hats, work shoes, shirts and long pants, as appropriate for the
performance of the Work.
8. Submittal of General Information and Procurement Forms and Documents
Procurement forms must be completed, signed, notarized, uploaded and or
acknowledged when required and submitted. In addition, all other requests and
supporting documentation should be included.
A) Bidder Qualification Statement – Upload Online
B) Addenda Acknowledgement – Online Acknowledgement
C) Anti-Kickback Affidavit – Upload Online
D) Non-collusion Affidavit of Bidder – Upload Online
E) Confirmation of Minority Owned Business - Online Form
F) Certification Pursuant to Florida Statute § 287.135 - Upload Online
G) Confirmation of Drug Free Workplace - Online Acknowledgement
Page 108 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
H) Palm Beach Inspector General - Online Acknowledgement
I) Local Business Certification - Online Form
J) Statement of Non-Submittal (if applicable) - Online Form
K) Schedule of Sub-Consultants – Online Form
L) Submit current Florida Professional License, including evidence of
possession of required licenses or business permits – Attach and Upload
M) Submit proof of Professional Liability Insurance at the levels identified on the
Insurance Advisory Form – Attach and Upload
N) Submit any Supplemental information relative to this ITB – Attach and
Upload
O) Mandatory Pre-Proposal Conference and Site Visit will be held at 10 AM on
October 08, 2020 at CITY OF BOYNTON BEACH CITY HALL, 100 EAST
OCEAN AVENUE, BOYNTON BEACH, FL 33435. Attendance is mandatory.
O) Question Deadline: October 06, 2020, No Later Than 12:00 P.M.
3.1.1 PROOF OF LICENSING:
The Contractor shall submit proof of current licensing, ISA Arborist Certification, Professional
Mangrove Trimming Certification, herbicide and pesticide licenses, and MOT Certification and shall
maintain continuous licensing throughout the award period.
BID SHEET IS A
SEPARATE DOCUMENT
WHERE YOU WILL INPUT
PRICES WITHIN THE
SYSTEM
Page 109 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
INVITATION TO BID (ITB)
No. 034-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – LOTS AND ALLEYWAYS (LT) AND (AW)”
SECTION 4 – GENERAL CONDITIONS
DEFINITIONS AND TERMS:
The terms used in these specifications are defined as follows:
OWNER: CITY OF BOYNTON BEACH
OWNER’S
REPRESENTATIVE: GARY DUNMYER, PE, CITY ENGINEER
PROJECT MANAGER: MATTHEW DOYLE, RLA, CITY LANDSCAPE ARCHITECT
CONTRACTOR: The person, firm or corporation with whom this Contract is executed by
the Owner.
SUBCONTRACTOR: Any person, firm or corporation other than the Contractor supplying
material or labor for work at the site of the project. Such person or firm
has contractual relations with the Contractor, but not with the Owner.
CONTRACTOR LICENSE
REQUIREMENT: Registered Certified General Contractor, Registered Landscaping
Contractor, ISA Certified Arborist
SURETY: Any person, firm or corporation that has executed as Surety the
Contractor’s performance bond securing the performance of this Contract.
CONTRACT: The agreement executed by the Owner and the Contractor covering the
work to be performed and including all Contract Documents.
SPECIFICATIONS: The detailed written description of the work.
Page 110 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
DRAWING(S): The drawings listed and described in the Contract Documents.
PROJECT: The entire services or installation to be performed as set forth in the
Contract Documents.
CLAIMS AND NOTICES: A notice is defined to be information rendered by either party to the other
upon a condition becoming known pursuant to the following requirements.
All claims, requests, substitutions, changes, notice, delays and any and all
other forms of notices or claims by the Contractor to the Owner or Engineer
must be in writing and promptly presented. If none is so made, it is
irrefutably presumed not to have been given by the Contractor to the Owner
or Engineer.
1. FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance
with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect
the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way
relieve bidder of responsibility to adhere to such regulations.
2. ITB FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and
descriptive information must be legibly entered. The bidder must state the price and the time of
delivery for which they propose to deliver the equipment or service requested. The bidder IS required
to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place
all required bid forms in a sealed envelope that has the company’s name and address, Bidder title,
number, Bidder date and time on the outside of the sealed envelope. Bidders not submitted on
appropriate proposal forms may be rejected. All Bidders are subject to the conditions specified herein.
Bidders which do not comply with these conditions are subject to rejection.
3. EXECUTION OF ITB: ITB must contain a manual signature of an authorized representative in the
space provided on all affidavits and bid sheets.
4. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part
of the evaluation process in determining the award of bidder. Demonstrations of the merits of the
equipment/services that meet City requirements shall be requested by Procurement Services.
Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned
per the individual bid product or service application, will form the Bid Award Committee to evaluate
and submit a group award recommendation. The City reserves the right to make separate and
independent awards based on its needs and the combined evaluation results.
5. PRICE ESCALATION/DE-ESCALATION: The City of Boynton Beach will allow a price escalation/de-
escalation provision within this award after the first year of service.
The original bid prices shall be firm for a one (1) year minimum period. A price escalation/de-
escalation will be allowed one (1) year after the beginning of the award period and at one (1) year
intervals thereafter, provided the Contractor notifies the City of Boynton Beach, in writing, of the
pending price escalation/de-escalation a minimum of 60 days prior to the effective date of the price
escalation/de-escalation. The price escalation percentage change shall not exceed the previous one
(1) year’s percentage change of the Consumer Price Index (CPI) published by the U.S. Department of
Labor’s Bureau of Labor Statistics. The City of Boynton Beach obtains this CPI Index from The
Municipal Cost Index, developed exclusively by American City and County Magazine and can be found
Page 111 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
at http://americancityandcounty.com/mciarchive/. Failure to comply with these instructions shall
be grounds for disallowance of a price escalation as allowed herein.
6. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may
invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically
noted in the bidder’s submittal on a separate sheet marked “EXCEPTIONS TO THE
SPECIFICATIONS” and this sheet shall be attached to the bid. The use of bidder’s standard forms,
or the inclusion of manufacturer’s printed documents shall not be construed as constituting an
exception within the intent of the Contract documents.
7. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed
which would necessitate alteration of the material, quality, workmanship or performance of the items
offered on this submittal prior to their delivery, it shall be the responsibility of the successful bidder to
notify the City at once, indicating in a letter the specific regulation which required an alteration. The
City reserves the right to accept any such alterations, including any price adjustments occasioned
thereby, or to cancel the Contract at no expense to the City
8. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with
specifications under the direction of appropriate testing laboratories. The data derived from any tests
for compliance with specifications are public records and open to examination thereto in accordance
with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected
and returned at vendor’s expense. These items and items not delivered as per delivery date in the
bid and or Purchase Order may result in the bidder being found in default in which event any and all
procurement costs may be charged against the defaulted Contractor. Any violation of these
stipulations may also result in the vendor’s name being removed from the City of Boynton Beach’s
vendor mailing list.
9. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder,
the decision of the City Manager shall be final and binding on both parties.
10. NO SUBMITTAL: A no submittal response can be submitted online through the e-Procurement
bidding system.
11. ITB DEADLINE: It is the Bidder’s responsibility to assure that the ITB is submitted electronic by or
at the proper time and date prior to the ITB deadline. Late submittal responses are not permitted by
the Bidding System.
12. RIGHTS OF THE CITY: The City expressly reserves the right to:
A. Waive as an informality, minor deviations from specifications at a lower price than the most
responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is
determined that total cost is lower and the overall function is improved or not impaired;
B. Reject or cancel any or all ITB’s;
C. Reissue an Invitation to ITB;
D. Extend the ITB deadline time and date;
E. Consider and accept an alternate bid as provided herein when most advantageous to the City.
F. Increase or decrease the quantity specified in the Invitation to Bid;
13. STANDARDS: Factors to be considered in determining whether the standard of responsibility has
been met include whether a prospective Bidder has:
Page 112 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
A. Available the appropriate financial, material, equipment, facility, and personnel resources and
expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual
requirements;
B. A satisfactory record of performance;
C. A satisfactory record of integrity;
D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach;
E. Supplied all necessary information in connection with the inquiry concerning responsibility.
14. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to
the Purchasing representative through the Bidding System only by clicking on the “Submit a Question”
button for this specific ITB no later than ten (10) days prior to the ITB deadline. Inquiries must
reference the date by which the ITB is to be received.
15. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded
a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide
to other governmental agencies, so requesting, the products or services awarded in accordance with
the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination
to the requesting agency.
16. AWARD OF CONTRACT: The low monetary bid will not in all cases be awarded the Contract or
Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive,
responsible bidder whose bid represents the most advantageous bid to the City, price and other
factors considered. Evaluation of bids will be made based upon the evaluation factors and standards
set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as
set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting
from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In
no case will the award be made until all necessary investigations have been made into the
responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is
qualified to do the work and has the necessary organization, capital and equipment to carry out the
required work within the time specified.
17. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding
that all items/services delivered must meet the specifications herein. Items/services delivered not as
specified, will be returned at no expense or penalty to the City of Boynton Beach.
18. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that
the seller is responsible for the shipment until it reaches its destination. Any and all freight charges
are to be included in the bid total. The bidder’s invoice payment terms must be shown.
19. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories
and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship.
This warranty shall be for a period of 365 days or the time designated in the standard factory warranty,
whichever is longer. The warranty will be the same as that offered to the commercial trade and shall
be honored by any of the manufacturer’s authorized dealers. Warranty will cover parts, labor and any
necessary shipping. Warranty repairs may be accomplished on City property, if space is available;
this will be at the sole discretion of the City. Contact Procurement Services for permission to perform
warranty service on City property. Warranty to start at the time of acceptance by the City; however,
in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a
delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement
Services.
Page 113 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
20. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include
all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is
requested to offer a cash discount for prompt invoice payment. Discount time will be computed from
the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office
specified, whichever is later.
Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service
has been delivered/performed in a satisfactory manner in accordance with the specifications, the City
shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made
by the using department and merits of performance evaluated. This total acceptance will be done in
a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any
equipment/service has to be rejected for any reason, the bidder shall be required to pick up the
equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs
may be accomplished on City property if space is available; this will be at the discretion of the City.
Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or
damages have been proven to be the result of negligence by the City.
A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities.
B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices,
extensions and all instructions pertaining to supplies and services. Failure to do so will be at
bidder’s risk.
C. DISCOUNTS: Will be considered in determining the lowest net cost.
D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as
a result of this bid shall be new (current production model at the time of this bid). All containers
shall be suitable for storage or shipment, and all prices shall include standard commercial
packaging.
E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and
fabricated assemblies shall carry U.L. approval and reexamination listing where such has been
established.
21. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is
of importance to the City and the bidder is hereby notified that the date of delivery will be considered
as a factor in the evaluation of the bids
22. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses
and permits, if required, to complete this service at no additional cost to the City. Licenses and permits
shall be readily available for review by the Buyer and City Inspectors.
23. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material,
equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if
awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found
to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring
the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne
by the bidder.
Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and
State safety regulations and requirements.
Page 114 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
24. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of
the City of Boynton Beach, Palm Beach County, of the State of Florida.
25. SUBCONTRACTING: If a Bidder subcontracts any portion of a Contract for any reason, the Bidder
must state the name and address of the subconsultant and the name of the person to be contacted
on the attached “Schedule of Subconsultants”. The City of Boynton Beach reserves the right to
accept or reject any or all bids wherein a subconsultant is named and to make the award to the bid,
who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City.
The City also reserves the right to reject a bid of any Bidder if the bid names a subconsultant who
has previously failed in the proper performance of an award or failed to deliver on time Contracts of
a similar nature, or who is not in a position to perform properly under this award. The City reserves
all rights in order to make a determination as to the foregoing.
26. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the
meaning of the Contract documents. Since all addenda are available to the Bidder through the City’s
e-Procurement system Boynton-beach.bidsandtenders.net, it is each Bidder’s responsibility of each
bid to have receive all addenda that are issued. Bidders should check online at Boynton-
beach.bidsandtenders.net prior to submitting their bid and up until the ITB closing time and date in
the event additional addenda are issued. If a Bidder submits their bid prior to the ITB closing time and
date and any addenda have been issued, the Bidding System shall withdraw the Bidder’s submission
and the submittal status will change to an incomplete status and withdraw the bid submittal. The
Bidder can view this status change in the “MY BIDS” section of the Bidding System.
The Bidder is solely responsible to:
• make any required adjustments to their Bid; and
• acknowledge the addenda; and
• Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated
bid closing time and date
27. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the Bidder offers
and agrees that if the bid is accepted, the Bidder will convey, sell, assign or transfer to the City of
Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire
under the antitrust laws of the United States and State of Florida for price fixing relating to the
particular commodities or services purchased or acquired by the City of Boynton Beach. At the City
of Boynton Beach’s discretion, such assignment shall be made and become effective at the time the
Purchasing Division tenders final payment to the Bidder.
28. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations
that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder will in no
way be a cause for relief from responsibility.
29. ON PUBLIC ENTITY CRIMES –provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a
contract with a public entity for the construction or repair of a public building or public work, may not
submit Bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not
transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
Page 115 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
30. SCRUTINIZED COMPANIES - 287.135 and 215.473 By submission of this Bid, Bidder certifies that
Bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder 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 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.
Solicitation responses of $1 million or more must include the attached Scrutinized Companies form
to certify that the Bidder is not on either of those lists.
31. NON-COLLUSION AFFIDAVIT: Each Bidder shall complete the Non-Collusion Affidavit Form and
shall submit the form with their bid. The City considers the failure of the Bidder to submit this
document to be a major irregularity, and may be cause for rejection of the bid.
32. ANTI-KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti-Kickback Affidavit Form and shall
submit this form with their bid. The City considers the failure of the Bidder to submit this document to
be a major irregularity, and may be cause for rejection of the bid.
33. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach
to increase the participation of minority-owned businesses in its contracting and procurement
programs. While the City does not have any preference or set-aside programs in place, it is
committed to a policy of equitable participation for these firms. Therefore, each bidder shall complete
the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal.
34. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any
commercial advertising. Violation of this stipulation may be subject to action covered under
“NONCONFORMANCE WITH CONTRACT CONDITIONS”.
35. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may
be come due hereunder are not assignable except with the prior written approval of the City.
36. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Flor ida
its officers, agents, volunteers and employees from liability of any kind in the performance of this
Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense
of the City, its City Commissioners, agents, servants an employees from and against any and all
claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any
personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder’s
operation pursuant to this Contract and from and against all costs, counsel fees, expenses and
liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action
or proceedings brought thereon, and from and against any orders or judgments which may be entered
therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or
Page 116 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
action against the City arising directly or indirectly from the operations of the bidder hereunder, for
which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this
Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The
bidder shall also be liable to the City for all costs, expenses, attorneys’ fees and damages which may
be incurred or sustained by the City by reason of the bidder’s breach of any of the provision of the
contract. Bidder shall not be responsible for negligent acts of the City or its employees.
37. 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
E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONSULTANT’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
38. FUNDING OUT:
Page 117 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
The resultant 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 for 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.
39. PALM BEACH COUNTY INSPECTOR GENERAL:
The contractor is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of any contracts resulting
from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from
the contractor and its subcontractors and lower tier subcontractors. The contractor understands and
agrees that in addition to all other remedies and consequences provided by law, the failure of the
contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector
General when requested, may be deemed by the municipality to be a material breach of this contract
justifying its termination.
40. LOCAL BUSINESS PREFERENCE:
The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business
preference.
“For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City
shall give preference to a Local Business if the Local Business’ bid is determined to be within five
percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and
responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder
returning the highest amount to the City, the same preference set forth herein shall be applied with
respect to the highest bid.”
In order to be considered for a local business preference, a bidder must include the Local Business
Status Certification Form at the time of bid submittal.
Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible
for the local business preference for this solicitation.
41. BRAND NAMES:
Use of a brand name, trade name, make, model, manufacturer, or vendor catalog number in
specifications is for the purpose of establishing a grade or quality of material only. It is not the COBB's
intent to rule out other competition, therefore, the phrase
OR ACCEPTABLE EQUAL is added. However, if a product other than that specified is bid, it is the
vendor's responsibility to submit with the bid brochures, samples and/or detailed specifications on
items bid. The COBB shall be the sole judge concerning the merits of bid submitted.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the
specified brands, and shall indicate ANY deviation from the specifications as listed. Other than
specified items offered requires complete descriptive technical literature marked to indicate detail(s)
conformance with specific COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been
no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or
ordered as a result of this bid. Seller agrees to hold the purchaser harmless from any and all liability,
loss or expense occasioned by any such violation.
Page 118 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
42. PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extend total. Prices must
be stated in units of quantity specified in bid specifications. In case of discrepancy in computing the
amount of the bid, the UNIT PRICE quoted will govern. All prices FOB destination, freight prepaid
(unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will
be in accordance with terms and conditions stated herein. Each item must be bid separately and no
attempt is to be made to tie any item or items in with any other item or items. Cash or quantity
discounts offered will not be a consideration in determination of award of bid(s). If a bidder offers a
discount, it is understood that a minimum of 30 days will be required for payment, and the discount
time will be computed from the date of satisfactory delivery at place of acceptance and receipt of
correct invoice at the office specified.
43. CONDITIONS AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current
production model at the time of the bid). All containers shall be suitable for storage or shipment, and all
prices shall include standard commercial packaging.
44. DELIVERY:
Unless actual date of delivery is specified, show number of days required to make delivery after receipt
of purchase order in space provided. Delivery time may become a basis for making an award (See
Special Conditions). Delivery shall be within the normal working hours of the user, Monday through
Friday, excluding holidays unless otherwise specified on the purchase order.
45. QUALITY:
The items bid must be new and equal to or exceed specifications. The manufacturer's standard guarantee
shall apply. During the guarantee period the successful bidder must repair and/or replace the unit without
cost to the COBB with the understanding that all replacements shall carry the same guarantee as the
original equipment. The successful bidder shall make any such repairs and/or replacements immediately
upon receiving notice from the COBB.
46. SAMPLES, DEMONSTRATIONS AND TESTING:
Samples of items, when required, must be furnished free of expense and if not destroyed, will upon
request, be returned at the bidder's expense. Request for the return of the samples must be indicated on
his or her bid. Each individual sample must be labeled with bidder's name, bid number and item number.
Failure of bidder to either deliver required samples or to clearly identify samples as indicated may be
reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Contr act
Administrator.
When required, the COBB may request full demonstrations of any units bid prior to the award of any
contract.
Page 119 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Items may be tested for compliance with specifications under the direction of the Florida Department of
Agriculture and Consumer Services, or an independent testing laboratory. Bidders shall assume full
responsibility for payment for any and all charges for testing and analysis of any materials offered or
delivered that do not conform to the minimum required specifications. Bidder's disposition of all items
delivered in this category must be at no expense to the COBB.
47. INSPECTION AND ACCEPTANCE OF GOODS:
The awarded bidder shall be responsible for delivery of items in good condition at point destination. Bidder
shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted
from invoices. The COBB will note, for the benefit of successful bidder, when packages are not received
in good condition. In the event the material and/or services supplied to the COBB is found to be defective
or does not conform to specifications, the COBB reserves the right to cancel the order upon written notice
to the seller and return the product to seller at the seller's expense.
48. PRODUCT RECALL:
In the event the awarded bidder receives notice that a product delivered to the COBB has been recalled,
seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit
for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by any State or
Federal regulatory agency, the awarded bidder shall notify the COBB’s Bid Buyer within two business
days of receiving such notice. The COBB’s acceptance or failure to reject the affected product as non-
conforming shall not in any way impact, negate, or diminish the awarded bidder’s duty to notify the
COBB’s Buyer that the affected product has been recalled, seized or embargoed, and/or has been
determined to be misbranded, adulterated, or found to be unfit for human consumption. The form and
content of such notice to the COBB shall include the name and description of the affected product; the
approximate date the affected product was delivered to the COBB; the bid number; and relevant
information relating to the proper handling of the affected product and/or proper disposition of the affected
product by the COBB, if necessary to protect the health, welfare, and safety of COBB students or
employees; and any health hazards known to the awarded bidder which may be caused or created by
the affected product. The awarded bidder shall, at the option of the Purchasing Department and/or
Purchasing Agent, either reimburse the purchase price or provide an equivalent replacement product at
no additional cost to the COBB. Unless it was absolutely necessary for the COBB to dispose of the
affected product, the awarded bidder shall be responsible for removal and/or replacement of the affected
product within a reasonable time, as determined by the COBB, without causing significant inconvenience
to the COBB.
At the option of the COBB, the awarded vendor may be required to reimburse storage and/or handling
fees to be calculated from time of delivery and acceptance to actual removal or disposal. The awarded
vendor will bear all costs associated with the removal and proper disposal of the affected product. The
failure to reimburse the purchase price and storage and/or handling fees or to remove and/or replace the
affected product with an equivalent replacement within a reasonable time without significant
inconvenience to the COBB will be considered a default.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
Page 120 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
INVITATION TO BID (ITB)
No. 034-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – LOTS AND ALLEYWAYS (LT) AND (AW)”
SECTION 5 – SPECIAL CONDITIONS
1. It will be the responsibility of the successful Bidder to supply necessary labor for completion of
services if requested by the City of Boynton Beach.
2. The City by written notice may terminate in whole or in part any Contract resulting from this ITB
when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall
be liable for only payment for services rendered prior to the effective date of termination. Services
rendered will be interpreted to include costs of items already delivered plus reasonable costs of
supply actions short of delivery.
3. It shall be the responsibility of the successful Bidder to maintain workers’ compensation insurance,
professional liability, property damage liability insurance and vehicular liability insurance; during the
time any of his personnel are working on City of Boynton Beach property. Loss by fire or any other
cause shall be the responsibility of the vendor until such time as the items and/or work has been
accepted by the City. The successful Bidder shall furnish the City with a certificate of insurance
after award has been made prior to the start of any work on City property. Said insured companies
must be authorized to do business in the State of Florida and the City will not accept any company
that has a rating less than B+ in accordance to A.M. Best’s Key Rating Guide, latest edition.
4. The City of Boynton Beach reserves the right, before awarding a Contract to require a Bidder to
submit such evidence of qualifications as it may deem necessary, and may consider any evidence
available to it of the financial, technical and other qualifications and abilities of a Proposer, including
past performance (experience) with the City in making the award in the best interest of the City.
5. The successful Bidder shall at all times guard from damage or loss of property of the City or of other
vendors and shall replace and/or repair any loss or damage unless such has been proven to have
been caused by the City, or other vendors. The City may withhold payment or make such deductions
as it may deem necessary to insure reimbursement for loss or damage to property through
negligence of the successful Bidder or his agent.
6. PAYMENT AND PERFORMANCE BONDS:
ANNUAL CONTRACT OF $100,000 AND LESS
No payment and performance bonds will be required for annual contracts valued at $100,000 and
less per year.
Page 121 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANNUAL CONTRACT OF $100,001 - $300,000
For each annual contract in an amount from $101,000 to $300,000, furnish to the City and maintain
in effect throughout the duration of the contract, Payment and Performance Bonds in the amount of
$25,000, as security for faithful performance of work and for the payment of all persons performing
labor and furnishing materials in connection therewith. In the event that the annual contract amount
exceeds $300,000, the Contractor shall furnish additional Payment and Performance Bonds in the
amount of $25,000.
ANNUAL CONTRACT OF $300,001 AND ABOVE
For each annual contract in an amount of $301,000 and above, furnish to the City and maintain in
effect throughout the duration of the contract, Payment and Performance Bonds in the amount of
$50,000, as security for faithful performance of work and for the payment of all persons performing
labor and furnishing materials in connection therewith.
7. RECORDING OF CONTRACT BOND: Before commencing the work, Contractor(s) shall provide
to City a certified copy of the recorded bond(s). City may not make any payment to Contractor until
Contractor has complied with this requirement.
8. POWER OF ATTORNEY: Attorneys-in-fact who sign Bid Bonds or Contract Bonds shall
file with each bond an original, certified and dated copy of their power of attorney.
9. QUALIFICATION OF SURETY: The Payment and Performance Bonds shall be executed by a
surety company of recognized standing authorized to do business in the State of Florida and having
a resident agent in the State of Florida for purposes of service of process . The surety company
shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance
with U.S. Department of Treasury Circular 570, current revision, or meet the criteria established as
to acceptable surety companies by the Board of Commissioners of State Institutions, March 18,
1958, or the equivalent thereof. A surety shall be deemed not qualified if the surety shall have a
receiver appointed for it, or if it shall declare or file or has filed for bankruptcy.
10. PERFORMANCE: The Contractor may be required to furnish evidence in writing that he or she
maintains a permanent place of business and has adequate equipment, finances, personnel, and
inventory to furnish the items offered satisfactorily and expeditiously, and can provide necessary
services.
11. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that,
during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton
Beach shall be given "first priority" for all goods and services under this contract (if applicable).
Bidder agrees to provide all goods and services to City of Boynton Beach throughout the
emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a
priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone
number and address to the City in the event of such an emergency. Failure to provide the stated
priority/preference during an emergency/disaster shall constitute breach of contract and make the
bidder subject to sanctions from further business with the City.
12. CONTRACTOR RESPONSIVENESS: The Contractor representative will be available to meet the
Director of Public Works or Designee upon request to discuss schedules, performance issues,
problems, needs, and mutual areas of concern. The use of the Landscape Maintenance Report
will establish a system whereby notice is given by the City to the Contractor indicating any
performance issues.
Page 122 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Contractor will be required to maintain a local office during the duration of the contract term to
provide support, oversite, and/or respond to requests by the City. Local office means an office
within Palm Beach County, Broward County, or Martin/St. Lucie County. An office within Palm
Beach County is preferred.
At all times while the contractor’s crews are working, if requested by the City, the contractor’s
representative is required to respond to a request for a meeting within forty- five (45) minutes.
Any other time during the City’s business hours, the contractor’s representative is required
respond to the City’s request for a meeting within 2 hours upon being notified.
WORK INSPECTIONS: The Contractor shall, at all times, allow the Director of Public Works or
Designee the opportunity to inspect the work done, or being done, under this Award.
All maintenance work shall be monitored by the representative(s) of the City of Boynton Beach
Parks and Grounds Maintenance Department. Work performed by the Contractor on Saturdays
and Sundays must be requested in writing (via email) 24 hours in advance and approved by the
Director of Public Works or Designee prior to execution. Work not approved will be require d to be
re-done, and must be re-done and completed within 24 hours after notice that the work was
rejected. Notice will be returned to the Contractor within 24 hours of inspection of any work
rejected. Re -done work cannot be combined with next cycle and must be completed and approved
before next cycle can commence.
13. AUTHORITY OF THE CITY REPRESENTATIVES: The authority of the Director of Public Works
or Designee shall not be limited to the fo llowing enumeration, for it is the intent of this award that
all of the work shall be subject to the Director of Public Works or Designee determinations and
approval, except where the determination or approval of someone other than the Director of Public
Works or Designee is expressly called for herein.
1. To monitor the performance of the work. To determine the amount, kind, quality,
sequence, frequency, and location of the work to be paid for in this award and, when completed,
to measure such work for payment.
2. To answer all maintenance questions and to interpret the Maintenance Work Method
and schedules.
3. To determine how the work of this Award shall be coordinated with the work of others
engaged simultaneously on or adjacent to the area(s) identified by these specifications.
4. To make minor changes in the work, as he/she deems necessary, provided such
changes do not result in a net increase in the cost to the City or to the Contractor of the work to
be done under the award.
5. To amplify the Maintenance Work Method, add explanatory information, and furnish
additional specifications and drawings consistent with the intent of the bid documents.
6. The Director of Public Works or Designee may be present at the initial start of the award
work and inspect all work until the award is complete. If at any time it is determined by the
Director of Public Works or Designee that the terms of the award are not being followed, said
Page 123 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
representative can stop the work until the corrections are initiated. Failure to correct violations
(within 24 hours after notification) may result in penalty or termination of the Award.
7. To review any and all questions in relation to the Award and its performance, except
as herein otherwise specifically provided, and the Director of Public Works or Designee
determination upon such review shall be final and conclusive upon the Award.
8. To suspend the whole or any part of the work whenever Director of Public Works or
Designee deems such suspension is required: (1) in the interest of the City generally, (2) to
coordinate the work of others engaged in work on or around the area(s) described in this
specification, or (3) to expedite the completion of the work described in this specification.
9. If deemed necessary to take over, use, occupy, or operate any part of the completed or
partially completed work, the Director of Public Works or Designee shall have the right to do
so and the Contractor shall not, in any way, interfere with or object to the use, occupation, or
operation of such work by the City after receipt of notice in writing from the Director of Public
Works or Designee that such work or part thereof will be used by the City on and after the date
specified in such no tice. Such taking over, use occupancy or operation of any such part of the
completed or partially completed work shall not constitute final acceptance or approval of any
such part of the work.
10. Maintenance conditions may require that minor changes be made in the Maintenance
Work Method, location of the work, equipment and material to be furnished and other work
to be performed hereunder. The Contractor, when ordered by the Director of Public Works or
Designee, shall make such adjustments and changes in said locations, work method, equipment
and materials without additional cost to the Parks and Grounds Maintenance Department, provided
such adjustments and changes do not alter the charac ter, quantity, or cost of the work as a whole,
and provided further that at such adjustments and changes are furnished to the Contractor by the
Parks and Grounds Maintenance Department within a reasonable time before any work involving
such adjustment and changes is begun. The Director of Public Works or Designee shall be the
sole judge of what constitutes a minor change for which no additional compensation shall be
allowed.
14. CONTRACTORS’S RESPONSIBILITY: The Contractor shall do all the work and furnish, at his
or her own cost and expense, all labor, materials, equipment, except as herein otherwise
provided, as may be necessary and proper to perform and complete the work under his
specification. The Contractor shall be responsible for the entire work until completed including final
acceptance by the Director of Public Works or Designee.
The apparent silence of the Specifications as to any detail, or the apparent omission from the
Specifications of a detailed description concerning any point, shall be regarded as meaning that
only the best commercial practice to prevail and that only material and workmanship of the finest
quality are to be used.
The work shall be performed in accordance with the true intent and meaning of the Bid Documents.
Unless otherwise expressly provided, the work shall be performed in accordance with the
scope of work, technical specifications, and best commercial practices. Unless otherwise expressly
provided in the Bid Documents, the means and methods of maintenance shall be such as the
Contractor may choose, however, it will be subject to the approval of the Director of Public Works
or Designee. Only adequate and safe procedures, methods, structures, and equipment shall be
used. The Director of Public Works or Designee ’s approval or failure to exercise the methods
Page 124 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
of maintenance shall not relieve the Contractor of obligations to accomplish the result intended by
the Contractor in a saf e and efficient manner, nor shall such create a cause action for damages.
15. CONTRACTOR’S LICENSING: Contractor(s) is responsible to educate and provide all safety
training and personal protection equipment for all of their personnel including following O.S.H.A
Regulations and the Manual of Uniform Traffic Control Devices (M.U.T.C.D.).
Contractor(s) will be responsible for obtaining all necessary permits, licenses, and/or registration
cards, I-9 Forms (Department of Homeland Security’s Employment Eligibility Verification) in
compliance with all applicable federal, state, and local statues pertaining to services as specified.
This includes a current copy of the Contractor’s City of Boynton Beach Business Tax Receipt which
must be submitted as part of the Bid Proposal and must be updated accordingly.
Contractor(s) must provide a list of contacts with phone numbers who can be reached for
emergencies and/or resolving problems.
Prior to the commencement of services, the awarded Contractor(s) will be required to submit for
the City’s review and approval Safety Data Sheets (MSDS) for all herbicides, pesticides, and
fertilizers to be used in the performance of the services detailed herein. In the event that either the
City requires a change in any of the products used, or if a product is discontinued, replaced,
changed, or otherwise unavailable, the Contractor(s) will be required to submit a new MSDS sheet
for review and approval of that new product prior to use.
16. PROPERTY DAMAGE: If property (public or private) is damaged while Contractor is performing
work specified or is removed for the convenience of the work, it shall be repaired or replaced at the
expense of the Contractor in a manner acceptable to the City prior to the final acceptance of the
Work. Such property shall include but not be limited to: structures, parkways, sidewalks, curbs and
gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and
trees. The damaged work shall be repaired or replaced within 48 hours.
The Contractor shall preserve from damage, all property (public and/or private) along the line of
the work, or which is in the vicinity of or is in anywise affected by the work, the removal or
destruction of which is not called for by the specifications. This applies, but is not limited to
vehicles parked in such parking lots, parking garages, vehicles traversing public or private rights-
of-wa y, parks or otherwise, public utilities, trees, lawn areas, landscape plantings, irrigation
systems, building monuments, fences, all pipe and underground structures, the public streets
(except natural wear and tear of streets resulting from legitimate use thereof by the Contractor),
and wherever such property is damaged due to the activities of the Contractor. The city must be
notified immediately and the Contractor will be responsible for the expense of the damages.
In case of failure on the part of the Contractor to restore such property or make good such
damage or injury, the Director of Public Works or Designee may, upon 24 hours written notice,
proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary, and
t he cost thereof shall be deducted from any monies due or which may become due to the
Contractor under this award. Nothing in this clause shall prevent the Contractor from receiving
proper compensation for the removal, damage, or replacement of any public or private property
not shown by the bid documents and/or Specifications, when this is made necessary by alteration
of grade or alignment authorized by the Director of Public Works or Designee, provided that such
property has not been damaged through fault of the Contractor, its employees or agents.
17. WORK SITE TRAFFIC REGULATIONS: During the execution of the work, the Contractor shall put
up and maintain at all times such barriers, signs, and/or lights as shall effectively prevent accidents.
Page 125 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
The Contractor, at their expense, shall provide suitable barricades, cones, red lights, “danger” or
“caution” or “street closed” signs and watchmen at all places where the work is taking place next to
the edge of pavement. Such barriers and signs shall comply with the State of Florida Department of
Transportation’s guidelines for “Traffic Controls for Construction and Maintenance Operations”. All lane
closures shall be approved and permitted by the Florida Department of Transportation, or the City
of Boynton Beach Engineering Division, whichever is applicable.
Work shall be halted immediately if work operations are deemed unsafe per any city representative.
State certification for Maintenance of Traffic (MOT) is required for work on all City, County and
State road within the City limits of Boynton Beach. At least one crew member shall be
“Intermediate Maintenance of Traffic Certified”.
18. HAZARDOUS MATERIALS: The Contractor must follow OSHA, Regulation 29 Code of Federal
Regulation (C.F.R.) Part 1926.59, Rule 17 Florida Administrative Code, the product MSDS, plus
any and all other applicable Regulations when using substances containing hazardous
materials. These regulations apply to transporting, storing, mixing, application, clean-up and
disposal of excess materials and their containers. Any illegal disposal of hazardous materials
and/or containers shall place the Contractor in default.
The Contractor shall assume all cost arising from citations, clean up spills and/or overspray (if
applicable) and subsequent inspections due to non-compliance of the above-mentioned
regulation(s), or misuse of the product as specified by the manufacturer. The Contractor further
agrees to indemnify and hold harmless the City of Boynton Beach and its duly authorized agents
from any and all suits of law or actions of a ny nature for, or on account of, non-compliance of
the above stated regulations and/or product use guidelines as specified by manufacturer.
19. USE OF CHEMICALS: All chemicals used during maintenance must show approval of either the
EPA or USDA. Use of all chemicals and disposal of residues shall be in strict conformance with
EPA, USDA, and manufacturer instructions. Final approval for use of any and all chemicals on the
work site(s) shall rest solely with the Director of Public Works or Designee. Contractor's employees
shall be fully licensed by the State of Florida to apply pesticides. All chemicals shall be handled
in strict accordance with the Federal, State and County regulations. Contractor shall use sound
cultural practices that aid in minimizing the presence or proliferation of insect and disease.
All chemicals must be approved by the Parks and Recreation representative prior to use. No
application shall take place under windy conditions. Any and all applications of Herbicides
abutting or adjacent to waterways shall require prior written approval from Parks and Grounds
Maintenance Department designee. Any area of turf, plant(s) or tree(s) that is damaged or
destroyed through improper or incorrect herbicide application shall be immediately replaced at
the Contractor's expense. If glyphosate, or other weed hindering chemicals are used, a tracer
is required for ease of inspection. Spray six -inch wide strip when applying glyphosate around
bollards, poles, guy wires, fences, fire hydrants, signs, benches, trash receptacles, picnic tables,
curbs, gutters, decorative landscape ornaments, benches, etc. Use care when spraying tracer,
dye, markers, etc. Manufacturer’s safety guidelines and practical safety precautions must be
adhered to at all times.
20. ASSOCIATED COSTS: The Contractor shall be responsible for all costs associated with replacing
all dead, dying and/or damaged plants, shrubs and/or trees that have become deficient due to lack
of proper care and treatment and/or vehicle/equipment accidents and/or an y other damage caused
by the Contractor through routine maintenance. The Contractor shall notify the Director of Public
Page 126 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Works or Designee of said plants and must receive permission prior to purchasing and/or
installation. Substitute material shall be p ermitted only with prior written approval from the Director
of Public Works or Designee. The Director of Public Works or Designee shall be the sole judge as
to the status or state of the plants, shrubs, or trees to be replaced. Acts of God, traffic accidents
and vandalism will not be the responsibility of the Contractor.
21. WORK DAY S: All maintenance work shall be performed Monday through Friday. Contractor’s
workdays shall start at 7:00 a.m. Permission for times and workdays other than those approved
must be submitted via email to the Director of Public Works or Designee. All workdays must end
one hour prior to sunset and any deviation from these hours must be pre-approved by the Parks
and Grounds Maintenance Department.
22. ACTS OF GOD: In the event of inclement weather including: a tornado, wind storm, hurricane,
hail, lightning, flooding, vehicular accident, etc., all fallen or damaged material of eight inches or
less in diameter shall be piled near the roadside the at the Contractor’s expense. All other storm
damage including the removal of said piles shall be corrected/removed at the expense of the City
of Boynton Beach Parks and Grounds Maintenance Department. The Contractor shall be notified
of those sites picked up prior to their scheduled ser vice and any accumulated debris thereafter
shall be considered normal and the responsibility of the Contractor.
23. GRAFFITI: All graffiti shall be reported immediately to the Director of Public Works or Designee.
24. EMPLOYEE AND VEHICLE IDENTIFICATION: All Transport vehicles must be easily identified
by displaying the company name. Contractor employees must also be easily identified by
uniforms, safety vest or other apparel that displays the company name. If workers are not prepared
to work on high traffic areas without correct safety gear, you will be required to leave and return
when prepared.
25. DESIGNATED WORK AREAS: All designated work areas , listed on the
Contractor’s worksheets, shall be done in accordance with this specification unless otherwise
described herein.
26. UNAUTHORIZED WORK: Any deviations from this scope of the agreement may be subject to
termination of the agreement and will not be compensated. If you have questions as to what is
designated as Parks and/or Playgrounds Maintenance, contact the Director of Public Works or
Designee. If you perform work without proper authorization, the City will not pay for those services.
27. UNSCHEDULED MAINTENANCE: Any additional work not in keeping with these specifications,
such as those of vandalism and/or mischief shall involve additional cost. The Contractor shall notify
the Director of Public Works or Designee of any damage, so its designee can inspect the damage
prior to authorizing repair. If Designated by the Director of Public Works to perform additional
work, the Contractor shall notify the Director of Public Works or Designee after repairs have been
completed so final inspection can be made for compliance prior to authorizing payment.
28. REPORTS, RECORDS, D ATA AND COMMUNICATIONS: The Contractor shall furnish to the
Director of Public Works or Designee, such schedules of quantities and costs, progress schedules,
reports, invoices, delivery tickets, estimates, records, and other data when they may request
concerning work performed or to be performed, and the materials furnished or to be furnished
under the award. Monthly reports are to be produced, including wet check of irrigation systems,
detailing the work performed, listing any areas of concern including dead materials, leaning or fallen
trees or palms, broken equipment, safety hazards encountered, and any item that may put the
Page 127 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
general public at risk.
BIDDER’S QUALIFICATION STATEMENT
TO BE COMPLETED AND UPLOADED ONLINE
The undersigned certifies under oath the truth and correctness of all statements and of all answers
to questions made hereinafter:
Check One
Submitted By: Corporation
Name: ______________________________________________ Partnership
Address: ____________________________________________ Individual
CITY, State, Zip: _______________________________________ Other
Telephone No.: _______________________________________
Fax No.: ________________________
Email Address.: ______________________
1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious
name under which you do business and the address of the place of business.
The correct name of the Bidder is:
_____________________________________________________________
The address of the principal place of business is:
_____________________________________________________________
_____________________________________________________________
2. If Bidder is a corporation, answer the following:
a. Date of Incorporation: _________________________________________
b. State of Incorporation: _________________________________________
c. President's name: ____________________________________________
d. Vice President's name: ________________________________________
e. Secretary's name: ____________________________________________
f. Treasurer's name: ____________________________________________
Page 128 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
g. Name and address of Resident Agent: ____________________________
3. If Bidder is an individual or a partnership, answer the following:
a. Date of organization: ________________
b. Name, address and ownership units of all partners:
__________________________________________________________
__________________________________________________________
__________________________________________________________
c. State whether general or limited partnership: ________________________
4. If Bidder is other than an individual, corporation or partnership, describe the organization and give
the name and address of principals:
________________________________________________________________
________________________________________________________________
________________________________________________________________
5. If Bidder is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute.
________________________________________________________________
6. How many years has your organization been in business under its present business name?
_____________
Under what other former names has your organization operated?
________________________________________________________________
________________________________________________________________
________________________________________________________________
7. Indicate registration, license numbers or certificate numbers for the businesses or professions,
which are the subject of this Bid. Please attach certificate of competency and/or state registration.
________________________________________________________________
________________________________________________________________
________________________________________________________________
8. Did you attend the Pre-Bid Conference if any such conference was held?
YES NO
9. Have you ever failed to complete any work awarded to you? If so, state when, where and why:
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 129 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
10. List the pertinent experience of the key individuals of your organization (continue on insert
sheet, if necessary)
________________________________________________________________
________________________________________________________________
________________________________________________________________
11. State the name of the individual who will have personal supervision of the work:
________________________________________________________________
12. State the name and address of attorney, if any, for the business of the Bidder:
________________________________________________________________
________________________________________________________________
________________________________________________________________
13. State the names and addresses of all businesses and/or individuals who own an interest of more
than five percent (5%) of the Bidder’s business and indicate the percentage owned of each such
business and/or individual:
________________________________________________________________
________________________________________________________________
________________________________________________________________
14. State the names, addresses, and the type of business of all firms that are partially or wholly owned
by Bidder:
________________________________________________________________
________________________________________________________________
________________________________________________________________
15. State the name of Surety Company which will be providing the bond (if applicable), and name and
address of agent:
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 130 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
16. Annual Average Revenue of the Bidder for the last three years as follows:
Revenue Index Number
a. Government Related Work
b. Non-Governmental Related Work
Total Work (a +b):
Revenue Index Number
1. Less than $100,000
2. $100,000 to less than $250,000
3. $250,000 to less than $500,000
4. $500,000 to less than $1 million
5. $1 million to less than $2 million
6. $2 million to less than $5 million
7. $5 million to less than $10 million
8. $10 million to less than $25 million
9. $25 million to less than $50 million
10. $50 million or greater
17. Bank References:
Bank Address Telephone
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
18. Provide description of policies and methods for project monitoring and budgeting control as well
as adherence to project schedule (continue on insert sheet, if necessary).
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
19. Provide descriptions of quality assurance/quality control management methods (continue on
insert sheet, if necessary):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 131 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
20. Is the financial statement submitted with your bid (if applicable) for the identical organization
named on page one?
YES NO
21. If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
________________________________________________________________
________________________________________________________________
________________________________________________________________
22. What will be your turnaround time for written responses to City inquires?
________________________________________________________________
23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5)
years. Include in the description, the disposition of each such petition.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder
or its predecessor organization(s) during the last five (5) years. The list shall include all case
names, case arbitration or hearing identification numbers, the name of the project which the
dispute arose, and a description of the subject matter of the dispute.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
25. List and describe all criminal proceedings or hearings concerning business related offenses to
which the Bidder, its principals or officers or predecessors’ organization(s) were defendants.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 132 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
26. Has the Bidder, its principals, officers or predecessors’ organization(s) been Convicted of a Public
Entity Crime, debarred or suspended from bidding by any government during the last five (5)
years? If so, provide details.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
The Bidder acknowledges and understands that the information contained in response to this
Qualification Statement shall be relied upon by owner in awarding the contract and such
information is warranted by Bidder to be true. The discovery of any omission or misstatement that
materially affects the Bidder’s qualifications to perform under the contract shall cause the owner
to reject the bid, and if after the award, to cancel and terminate the award and/or contract.
(Signed)________________________________
(Title)__________________________________
Subscribed and sworn to before me
This ______ day of _____________________, 2020
________________________________
Notary Public (Signature)
My Commission Expires: ______________
Page 133 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI-KICKBACK AFFIDAVIT
TO BE COMPLETED AND UPLOADED ONLINE
STATE OF FLORIDA )
: SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift,
directly or indirectly by me or any member of my integrator or by an officer of the corporation.
By:
NAME - SIGNATURE
Sworn and subscribed before me
this day of , 2020
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large
COMPANY
“OFFICIAL NOTARY SEAL” STAMP
Page 134 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NON COLLUSION AFFIDAVIT OF BIDDER
TO BE COMPLETED AND UPLOADED ONLINE
State of _____________________________)
:
County of____________________________)
________________________________________, being first duly sworn, deposes and says that:
1) He is ______________________ of _____________________________, the proposer that
(Title) (Name of Corporation or Integrator)
has submitted the attached ITB:
2) He is fully informed respecting the preparation and contents of the attached submittal and of all
pertinent circumstances respecting such submittal;
3) Said ITB is genuine and is not a collusive or sham ITB;
4) Further, the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired, connived
or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or
sham ITB in connection with the Contract for which the attached ITB has been submitted or to
refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communications or conference with any other Bidder, integrator
or person to fix the price or prices in the attached ITB or of any other Bidder, or to fix any overhead,
profit or cost element of the ITB price or the ITB price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City of
Boynton Beach or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)________________________________
(Title)__________________________________
Subscribed and sworn to before me
This ______ day of _____________________, 20 _____
__________________________________________
Notary Public (Signature)
My Commission Expires: ______________
Page 135 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CERTIFICATION PURSUANT TO FLORIDA
STATUTE § 287.135
TO BE COMPLETED AND UPLOADED ONLINE
I, _______________________, on behalf of ________________________ certify
Print Name and Title Company Name
that ______________________________does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall
provide notice, in writing, to the Consultant of the City's determination concerning the false
certification. The Consultant 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
Consultant 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 Florida Statute § 287.135.
Section 287.135, Florida Statutes, prohibits the City from:
1) Contracting with companies for goods or services if at the time of bidding on, submitting a bid
for, or entering into or renewing a contract if the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel;
and
2) Contracting with companies, for goods or services that are on either the Scrutinized Companies
with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are
engaged in business operations in Syria.
Page 136 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
As the person authorized to sign on behalf of the Consultant, I hereby certify that the company
identified above in the section entitled "Consultant Name" does not participate in any boycott of
Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either
the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not
engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida
Statutes, the submission of a false certification may subject the company to civil penalties,
attorney's fees, and/or costs. I further understand that any contract with the City for goods or
services may be terminated at the option of the City if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies with Activities in Sudan list
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
_____________________________ _________________________
COMPANY NAME SIGNATURE
__________________________ _________________________
PRINT NAME TITLE
Page 137 of 1203
C-50
“DRAFT”
SUBJECT TO REVISIONS PRIOR TO SIGNING.
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the
City”, and TBD, hereinafter referred to as “Vendor”, in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide LANDSCAPE
MAINTENANCE SERVICES FOR LOTS AND ALLEYWAYS (LT) AND (AW).
2. SCOPE OF SERVICES. Vendor agrees to perform the services during the term of this Agreement
as more specifically set forth in Exhibit “A” Scope of Services and Exhibit “C” Invitation to Bid (ITB)
No.034-2730-20/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.
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 effective TBD.
4. 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.034-2730-20/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” Schedule of Prices attached hereto
and incorporated herein by reference, as follows:
a. The total contract price in the amount of __________ for an annual estimated amount of
_____________ for a period of ______ years (#), with an option to renew for _____ (#) one-year
terms for a total _______________ 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.
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.
Page 138 of 1203
C-51
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.
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.
Page 139 of 1203
C-52
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 t his
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:
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
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.
Page 140 of 1203
C-53
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
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
Page 141 of 1203
C-54
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 ________________________________________, 20____.
CITY OF BOYNTON BEACH
_________________________________ __________________________________
Lori LaVerriere, City Manager Signature of Authorized Official
__________________________________
Printed Name of Authorized Official
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
Crystal Gibson, City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
James A. Cherof, City Attorney Witness
Page 142 of 1203
C-55
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 of
insurance required of consultants, 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 & Consultant's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,000.00
Professional Liability Fire Damage (any one fire) $ 50,000.00
Employees & Officers Med. Expense (any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Consultants
Broad Form Property Damage
Fire Legal Liability
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Automobile Liability Combined Single Limit $ 300,000.00
Any Auto Bodily Injury (per person) to be determined
All Owned Autos Bodily Injury (per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Garage Liability Auto Only, Each Accident $ 1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $ 1,000,000.00
Aggregate $ 1,000,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease, Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Other - As Risk Identified to be determined
Page 143 of 1203
C-56
Exhibit “A”
Scope of Services
TO BE INSERTED
Page 144 of 1203
C-57
Exhibit “B”
Schedule of Prices
TO BE INSERTED
Page 145 of 1203
C-58
Exhibit “C”
Invitation to Bid
(ITB) No.034-2730-20/RW
Page 146 of 1203
ITB 034-2730-20RW - LANDSCAPE MAINTENANCE SERVICES –
LOTS and ALLEYWAYS (LT) and (AW)
Opening Date: October 3, 2020 12:00 PM
Closing Date: October 27, 2020 2:30 PM
Vendor Details
Company Name:L.V. Superior Landscaping, Inc.
Does your company conduct
business under any other name? If
yes, please state:
Florida
Address:
16059 Okeechobee Blvd
Loxahatchee, Florida 33470
Contact:Lucilo Vasquez
Email:lvsuperiorlandscaping@hotmail.com
Phone:561-439-8577
Fax:561-439-8577
HST#:20-4941314
Submission Details
Created On:Friday October 23, 2020 14:38:01
Submitted On:Tuesday October 27, 2020 10:51:35
Submitted By:Lucilo Vasquez
Email:lvsuperiorlandscaping@hotmail.com
Transaction #:0c2a4ad5-00ab-4bde-9e7f-959c0a08ca6d
Submitter's IP Address:76.108.117.114
Bid Number: ITB 034-2730-20RW Vendor Name: L.V. Superior Landscaping, Inc.Page 147 of 1203
Schedule of Prices
The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for
in this Bid, at the unit prices, and/or lump sums, hereinafter stated.
*Denotes a "MANDATORY" field
Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified).
If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar
value.
Bid Number: ITB 034-2730-20RW Vendor Name: L.V. Superior Landscaping, Inc.Page 148 of 1203
Additional Service Items
Line
Item Additional Service Items Unit Price *
1 BASIC MAINTENANCE FOR ADDITIONAL AREAS - Labor with all necessary
Tools & Equipment (per hour/per crew)
$150.0000 *
2 PRUNING AND PLANT MAINTENANCE for Additional Areas - Labor with all
necessary Tools & Equipment (per hour/per crew)
$150.0000 *
3 MULCHING for Additional Areas - Labor with all necessary Tools & Equipment
(per hour/per crew)
$35.0000 *
4 MULCH - Cost Mark-up (%)$30.0000 *
5 Turf Fertilization (per 1/4 acre)$35.0000 *
6 Tree Fertilization (each)$4.0000 *
7 Palm Fertilization (each)$4.0000 *
8 Shrub Fertilization (per 50 linear feet)$50.0000 *
9 Turf Pesticide (per square foot)$0.0200 *
10 Shrub Pesticide (per 50 linear feet)$35.0000 *
11 Tree Pesticide (each)$5.0000 *
12 Palm Pesticide (each)$5.0000 *
13 Fire Ant Control (AMDRO)$0.0200 *
14 Turf Fertilization - Per hour per person / Material Cost Mark-up (%)$35.0000 *
15 Tree Fertilization - Per hour per person / Material Cost Mark-up (%)$35.0000 *
16 Palm Fertilization - Per hour per person / Material Cost Mark-up (%)$35.0000 *
17 Shrub Fertilization - Per hour per person / Material Cost Mark-up (%)$35.0000 *
18 Turf Pesticide - Per hour per person / Material Cost Mark-up (%)$35.0000 *
19 Shrub Pesticide - Per hour per person / Material Cost Mark-up (%)$35.0000 *
20 Tree Pesticide - Per hour per person / Material Cost Mark-up (%)$35.0000 *
21 Palm Pesticide - Per hour per person / Material Cost Mark-up (%)$35.0000 *
22 Fire Ant Control - Per hour per person / Material Cost Mark-up (%)$35.0000 *
23 CHEMICAL APPLICATION for Additional Areas (per hour/per person)$35.0000 *
24 CHEMICAL - Cost Mark-up (%)$50.0000 *
25 Bee Control or Removal (Specialized Equipment)$250.0000 *
26 Bee Control or Removal (Foreman per hour/per person)$50.0000 *
27 Bee Control or Removal (Technician per hour/per person)$50.0000 *
28 Bee Control or Removal Material Cost Mark-up (%)$50.0000 *
29 IRRIGATION REPAIRS (Foreman per hour/per person)$35.0000 *
30 IRRIGATION REPAIRS (Technician per hour/per person)$50.0000 *
31 IRRIGATION REPAIRS - Material Cost Mark-up (%)$50.0000 *
32 PLANT/TREE/PALM INSTALLATION - Labor (per hour/per person)$35.0000 *
33 PLANT/TREE/PALM INSTALLATION - Equipment/Loader (per hour)$75.0000 *
34 PLANT/TREE/PALM INSTALLATION - Material Cost Mark-up (%)$50.0000 *
35 LOT MAINTENANCE - Lot under 1/4 acre with a dwelling for Basic Maintenance
(per service)
$35.0000 *
36 LOT MAINTENANCE - Lot under 1/4 acre without a dwelling for Basic
Maintenance (per service)
$35.0000 *
37 LOT MAINTENANCE - Lot from 1/4 to 1/2 acre with a dwelling for Basic
Maintenance (per service)
$75.0000 *
38 LOT MAINTENANCE - Lot from 1/4 to 1/2 acre without a dwelling for Basic
Maintenance (per service)
$45.0000 *
39 LOT MAINTENANCE - Lot from 1/2 to 3/4 acre with a dwelling for Basic
Maintenance (per service)
$65.0000 *
40 LOT MAINTENANCE - Lot from 1/2 to 3/4 acre without a dwelling for Basic
Maintenance (per service)
$75.0000 *
41 LOT MAINTENANCE - Lot from 3/4 to 1 acre with a dwelling for Basic
Maintenance (per service)
$85.0000 *
42 LOT MAINTENANCE - Lot from 3/4 to 1 acre without a dwelling for Basic
Maintenance (per service)
$95.0000 *
Alleyways
Line
Item
SITE IDENTIFICATION
FOR BIDS LOCATION SERVICES
PER YEAR
BASIC
MAINTENANCE
PER SERVICE *
TOTAL
ANNUAL COST
Bid Number: ITB 034-2730-20RW Vendor Name: L.V. Superior Landscaping, Inc.Page 149 of 1203
0 AW/NE/001 NE 26th Avenue at End of Road from NE 4th Street to Federal
Highway
18 $42.0000 $ 756.00 *
1 AW/NE/002 NE 3rd Street at End of Road from NE 11th Avenue to Mid-Alley
before NE 12th Avenue
18 $102.0000 $ 1,836.00 *
2 AW/NE/003 Between 291 & 311 NE 16th Avenue 18 $54.0000 $ 972.00 *
3 AW/NE/004 Between NE 4th Avenue & NE 3rd Avenue and NE 1st Street &
North Seacrest Blvd.
18 $42.0000 $ 756.00 *
4 AW/NE/005 Between NE 3rd Street & North Railroad Avenue east of PCN 08-43-
45-21-18-000-1540, 1550, & 1560; see map.
18 $42.0000 $ 756.00 *
5 AW/NE/006 Between NE 3rd Street & North Railroad Avenue west of PCN 08-43-
45-21-18-000-1540, 1550, & 1560; see map.
18 $54.0000 $ 972.00 *
6 AW/NE/007 Between NE 2nd Street & North Railroad Avenue just west of 402 NE
13th Ave & west 401 NE 12th Ave
18 $60.0000 $ 1,080.00 *
7 AW/NE/008 Between NE 3rd Street & NE 1st Street and East Ocean Avenue &
NE 1st Avenue
18 $66.0000 $ 1,188.00 *
8 AW/NE/009 East end of NE 1st Avenue between NE 3rd Avenue & Railroad
Property
18 $78.0000 $ 1,404.00 *
9 AW/NE/010 East of 339 NE 11th Avenue going North & South; see map.18 $36.0000 $ 648.00 *
10 AW/NE/011 Between NE 11th Avenue & East Martin Luther King Jr Blvd and
North Seacrest Blvd & Railroad Avenue - approximately 5 feet wide.
18 $30.0000 $ 540.00 *
11 AW/NE/012 NE 4th Avenue at End of Road west of NE 3rd Street 18 $42.0000 $ 756.00 *
12 AW/NE/013 Between NE 1st Avenue & East Ocean Avenue and NE 1st Street &
Railroad Property
18 $42.0000 $ 756.00 *
13 AW/NE/014 Between Boynton Beach Blvd & NE 1st Avenue and NE 2nd Street &
NE 1st Street ("V" shaped)
18 $60.0000 $ 1,080.00 *
14 AW/NW/001 Between NW 1st Avenue & West Ocean Avenue from behind 131
West Ocean Avenue to NW 3rd Street
18 $72.0000 $ 1,296.00 *
15 AW/NW/002 Between NW 4th Avenue & NW 3rd Avenue and NW 4th Street &
NW 3rd Street
18 $42.0000 $ 756.00 *
16 AW/NW/003 Between NW 5th Avenue & NW 4th Avenue and NW 4th Street &
NW 3rd Street
18 $48.0000 $ 864.00 *
17 AW/NW/004 Between NW 6th Avenue & NW 5th Avenue and NW 4th Street &
NW 3rd Street
18 $48.0000 $ 864.00 *
18 AW/NW/005 Between NW 7th Avenue & NW 6th Avenue and NW 4th Street &
NW 3rd Street
18 $48.0000 $ 864.00
19 AW/NW/006 Between NW 8th Avenue & NW 7th Avenue and NW 4th Street &
NW 3rd Street
18 $48.0000 $ 864.00
20 AW/NW/007 Southwest Corner of NW 5th Street & NW 8th Avenue 18 $48.0000 $ 864.00
21 AW/NW/008 Between NW 9th Avenue & NW 8th Avenue and NW 5th Street &
NW 3rd Street
18 $102.0000 $ 1,836.00
22 AW/NW/009 Between West Martin Luther King Jr Blvd & NW 9th Avenue and NW
5th Street & NW 3rd Street
18 $102.0000 $ 1,836.00
23 AW/NW/010 Between NW 11th Avenue & West Martin Luther King Jr Blvd and NW
5th Street & NW 3rd Street
18 $102.0000 $ 1,836.00
24 AW/NW/011 Between NW 11th Avenue & West Martin Luther King Jr just west of
North Seacrest Blvd and ends before NW 1st Street; only 5 feet wide
18 $108.0000 $ 1,944.00
25 AW/NW/012 Between NW 5th Street & NW 4th Street and NW 8th Avenue & NW
4th Avenue
18 $108.0000 $ 1,944.00
26 AW/NW/013 Between NW 3rd Street & NW 2nd Street and NW 8th Avenue &
Boynton Beach Blvd. (Note: There is an access issue one parcel north
of NW 6th Avenue the length of 2 homes.)
18 $90.0000 $ 1,620.00
27 AW/NW/014 From NW 1st Street to North Seacrest Blvd between NW 9th Court &
NW 8th Avenue; see map.
18 $66.0000 $ 1,188.00
28 AW/NW/015 U-Shaped R.O.W. @ NW 10th Street & LeGrace Court; See Map.18 $72.0000 $ 1,296.00
29 AW/NW/016 Between CI-9 & North Seacrest Blvd along NW 9th Court 18 $150.0000 $ 2,700.00
30 AW/SE/001 Between SE 1st Avenue & SE 2nd Avenue from SE 1st Street to
Railroad Property
18 $30.0000 $ 540.00
31 AW/SE/002 SE 31st Avenue between 128 & 134 SE 31st Avenue; backs up to
the South Seacrest Scrub. No PCN; See Map.
18 $42.0000 $ 756.00
32 AW/SW/001 Between West Ocean Avenue & SW 1st Avenue and SW 2nd Street
& 127 SW 1st Avenue
18 $42.0000 $ 756.00
33 AW/SW/002 Between 636 & 638 SW 4th Avenue 18 $42.0000 $ 756.00
34 AW/SW/003 West of 730 SW 3rd Avenue at SW 8th Street 18 $60.0000 $ 1,080.00
Subtotal:$ 39,960.00
Lots
Bid Number: ITB 034-2730-20RW Vendor Name: L.V. Superior Landscaping, Inc.Page 150 of 1203
Line
Item
SITE IDENTIFICATION
FOR BIDS LOCATION SERVICES
PER YEAR
BASIC
MAINTENANCE
PER SERVICE *
TOTAL
ANNUAL COST
0 LT/NE/001 LOT on NE 3rd Street just south of 404 E. MLK Jr. Blvd.
(PCN 08-43-45-21-18-000-1540)
12 $36.0000 $ 432.00 *
1 LT/NE/002 LOT on NE 3rd Street the 2nd lot south of 404 E. MLK Jr. Blvd.
(PCN 0-43-45-21-18-000-1550)
12 $36.0000 $ 432.00 *
2 LT/NE/003 LOT between 238 & 250 NE 7th Avenue
(PCN 08-43-45-21-36-000-0400)
12 $36.0000 $ 432.00 *
3 LT/NE/004 LOT east of 339 East Martin Luther King Jr. Blvd./NE 10th Avenue
(PCN 08-43-45-21-27-001-0090)
12 $42.0000 $ 504.00 *
4 LT/NE/005 LOT on SW Corner of NE 11th Ave
& NE 2nd Street
(PCN 08-43-45-21-22-003-0011)
12 $36.0000 $ 432.00
*
5 LT/NE/006 LOT @ 319 NE 12th Avenue between
317 & 323 NE 12th Avenue
(PCN 08-43-45-21-20-002-0182)
12 $36.0000 $ 432.00
*
6 LT/NW/001 LOT on NW 1st Street just north of
2221 NW 1st Street
(PCN 08-43-45-16-01-022-0381)
12 $36.0000 $ 432.00
*
7 LT/NW/002 LOT on NW 1st Street, the triangle just
south of 2221 NW 1st Street
(PCN 08-43-45-16-01-022-0400)
12 $24.0000 $ 288.00
*
8 LT/NW/003 LOT on NW 4th Avenue just east of
219 NW 4th Avenue
(PCN 08-43-45-21-07-002-1600)
12 $36.0000 $ 432.00
*
9 LT/NW/004 LOT on NW 4th Avenue just west
of 219 NW 4th Avenue
(PCN 08-43-45-21-07-002-1620)
12 $24.0000 $ 288.00
*
10 LT/NW/005 LOT on NW 5th Street on SE corner of
NW 11th Avenue
(PCN 08-43-45-21-14-000-2690)
12 $24.0000 $ 288.00
*
11 LT/NW/006 LOT @ 103 NW 8th Avenue
(PCN 08-43-45-21-07-004-1470)
12 $24.0000 $ 288.00 *
12 LT/NW/007 LOT @ W. Martin Luther King Jr.
Blvd./NW 10th Avenue
(PCN 08-43-45-21-09-000-0012)
12 $24.0000 $ 288.00
*
13 LT/NW/008 LOT @ 116 NW 11th Avenue
(PCN 08-43-45-21-19-000-0150)
12 $42.0000 $ 504.00 *
14 LT/NW/009 LOT @ 134 NW 11th Avenue
(PCN 08-43-45-21-19-000-0100)
12 $36.0000 $ 432.00 *
15 LT/NW/010 LOT @ 144 NW 11th Avenue
(PCN 08-43-45-21-19-000-0080)
12 $36.0000 $ 432.00 *
16 LT/NW/011 LOT @ 134 NW 11th Avenue
(PCN 08-43-45-21-19-000-0070)
12 $36.0000 $ 432.00 *
17 LT/NW/012 LOT @ 154 NW 11th Avenue
(PCN 08-43-45-21-19-000-0090)
12 $36.0000 $ 432.00 *
18 LT/NW/013 LOT on NW 11th Avenue on SW corner of Seacrest Blvd.
(PCN 08-43-45-21-24-000-0101)
12 $36.0000 $ 432.00
19 LT/NW/014 LOT on Seacrest Blvd. just south of lot on NW 11th Avenue (PCN 08-
43-45-21-24-000-0103)
12 $36.0000 $ 432.00
20 LT/NW/015 Lot @ 905 N. Seacrest Blvd. (PCN 08-43-45-21-07-004-1460)12 $36.0000 $ 432.00
21 LT/NW/016 LOT on NW 5th Street between 1621 & 1611 NW 5th Street (PCN 08-
43-45-16-01-044-0052)
Note: PAPA has address as NE.
12 $36.0000 $ 432.00
22 LT/NW/017 LOT between 403 NW 1st Street
and 206 NW 5th Avenue
(PCN 08434521070021582)
12 $36.0000 $ 432.00
23 LT/NW/018 LOT on NW 146 NW 11th Ave
(PCN 08-43-45-21-19-000-0050)
12 $36.0000 $ 432.00
24 LT/NW/019 Lot on NW 128 NW 11th Ave
(PCN 08-43-45-21-19-000-0120)
12 $24.0000 $ 288.00
25 LT/NW/020 Lot on NW 124 NW 11th Ave
(PCN 08-43-45-21-19-000-0130)
12 $24.0000 $ 288.00
26 LT/NW/021 Lot on NW 120 NW 11th Ave
(PCN 08-43-45-21-19-000-0140)
12 $42.0000 $ 504.00
27 LT/NW/022 Lot on NW 1st St 1204 NW 1st St
(PCN 08-43-45-21-17-003-0050)
12 $36.0000 $ 432.00
28 LT/NW/023 Lot on N Seacrest 909 N. Seacrest Blvd
(PCN 08-43-45-21-07-004-1450)
12 $42.0000 $ 504.00
Bid Number: ITB 034-2730-20RW Vendor Name: L.V. Superior Landscaping, Inc.Page 151 of 1203
29 LT/NW/024 Lot on N Seacrest 913 N. Seacrest Blvd
(PCN 08-43-45-21-07-004-1330)
12 $42.0000 $ 504.00
30 LT/SW/001 LOT on SW 3rd Avenue just west of 730 SW 3rd Avenue
(PCN 08-43-45-29-01-020-0071)
12 $36.0000 $ 432.00
31 LT/SW/002 LOT on SW 24th Avenue including along the wall.
(PCN 08-43-45-32-01-002-0110)
12 $102.0000 $ 1,224.00
32 LT/SW/003 LOTs North & South of of Mission Hill Road and just East of LWDD-
E4 Canal
(PCN 08-43-46-05-00-000-1020)
12 $72.0000 $ 864.00
33 LT/SW/004 Woolbright Place (L-shaped Lot on SW 1st Court off of SW 8th
Street); see map
12 $72.0000 $ 864.00
34 LT/SW/005 Lot East of 566 W. Ocean Ave.12 $42.0000 $ 504.00
Subtotal:$ 16,200.00
Summary Table
Bid Form Amount
Alleyways $ 39,960.00
Lots $ 16,200.00
Subtotal Contract Amount:$ 56,160.00
Bid Questions
Number of Days for Delivery FOB Destination:0
Confirmation of Minority Owned Business
A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which
category best describes your company. Return this form to make it an official part of with your RFQ responses
Description Response *Comments
Is your company a Minority Owned business?No
Please select the appropriate response Not Applicable
Do you possess a certification qualifying your business
as a Minority Owned business?
No
Issuing organization name Input response in comments box to the right not applicable *
Date of Issuance Input response in comments box to the right not applicable *
Letter of interest
The Letter of Interest shall summarizes the Proposer’s primary qualifications and a firm commitment to provide the proposed services.
Line
Item Description Response *
1 The Letter of Interest shall summarizes the Proposer’s
primary qualifications and a firm commitment to
provide the proposed services.
To whom it may concern,
We are confident that with 14+ years of experience, we are the vendor for you Lots &
Alleyways contract. Our supervisors and crew chiefs work well independently as well as
being well versed in safety guidelines.
We hope to join your team in keeping the City of Boynton Beach neat, clean and
beautiful
Bid Number: ITB 034-2730-20RW Vendor Name: L.V. Superior Landscaping, Inc.Page 152 of 1203
Local Business Status Certification
I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of
the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2
below will qualify the business as a local business. In support of this request, I certify the following to be true and correct:
I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also
agree that the business is required to notify the City in writing should it cease to qualify as a local business.
By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of
Boynton Beach.
We will not be submitting for Local Business Status Certification
Is the business
located within
the City limits of
Boynton Beach,
Florida? *
Does the business have a
business tax receipt issued
in the current year? *
Is the business registered
with the Florida Division
of Corporations? *
Number of years in business *Business license number *
Yes
No
Yes
No
Yes
No
14 years 200710104
References - Past Performance
Bidders shall complete reference document submitted with their bid of at least three (3) letters of reference from customers attesting to satisfactory performance of awards
performed within the past two years, each reference must have been for contracted landscaping maintenance services on properties consisting of at least 1 acre, and includes
all of maintenance request items listed herein. This reference list shall be complete with contact person(s), telephone numbers, and email addresses. Please do not list the City
of Boynton as a reference.
NOTE: The information requested must include a current contact name, phone number and email address for each reference.
The City is interested in learning of other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as
a reference.
Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information.
Selection Committee Members or designee will email or call each reference up to three (3) times.
Name of Agency *Name of Project *Contact Name *Email Address *Telephone Number *
Palm Beach County Fire
Rescue Stations
Landscape & Lawn Maintenance
for 15 Fire Rescue Stations
Jim McNamara JMcnamar@pbcgov.org 561-233-0884
The City of Greenacres Landscape & Lawn Maintenance
for 7 Parks, 3 Fire Rescue/PB
Sheriffs Office & Health
Department
Bill Pazansky wpazanski@greenacresfl.gov 561-642-2076
Village of Royal Palm
Beach
Landscape & Lawn Maintenance
for 8 Parks
Armando Puentes apuentes@royalpalmbeach.com 561-790-3406
Bid Number: ITB 034-2730-20RW Vendor Name: L.V. Superior Landscaping, Inc.Page 153 of 1203
Subcontractors
The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be
Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor
category in their list of Subcontractors.
Sub-Consultant(s)
If a vendor intends to sub-contract any portion of this bid for any reason, the name and address of the subcontracting firm must be submitted with the bid or prior to use for
approval. No sub-contracting will take place prior to bid-awarded vendor furnishing this information and receiving written approval from the COBB. Subcontractors will be
required to conform to the Jessica Lunsford Act as noted in the Instructions to Bidders document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed in the proper performance of an award or failed to deliver on-time contracts of a
similar nature, or who is not in the position to perform this award. The Contract Administrator reserves the right to inspect all facilities of any subcontractor in order to make
determination as to the foregoing. The subcontractor will be equally responsible for meeting all requirements specified in this Invitation to Bid. Vendors are encouraged to seek
minority and women business enterprises for participation in sub-contracting opportunities. The sub-contractor shall be equally responsible for meeting all requirements
specified in this Invitation to Bid.
By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their “OWN FORCES”.
Name *Address Scope of work license No Contract Amount Percentage (%) of Contract
*
Documents
Ensure your submission document(s) conforms to the following:
Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure
that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton
Beach.
If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains
more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to
the Marketing Plan category save the document as “Marketing Plan.”
If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected.
THESE DOCUMENTS MUST BE UPLOADED ONLINE WITH THE PROPOSAL IN ORDER FOR THE PROPOSAL TO BE CONSIDERED
COMPLETE AND ACCEPTABLE.
PROPOSER'S QUALIFICATION STATEMENT - Qualification Statement.pdf - Monday October 26, 2020 17:16:53
ANTI-KICKBACK AFFIDAVIT - Anti Kickback Affidavit.pdf - Monday October 26, 2020 17:17:13
NON COLLUSION AFFIDAVIT OF PROPOSER - Anti Kickback Affidavit.pdf - Monday October 26, 2020 17:17:37
MINORITY OWNED BUSINESS CERTIFICATION - Minority Certification Information Completed.pdf - Monday October 26, 2020 17:18:06
CERTIFICATION PURSUANT TO FLORIDA STATUTE 287.135 - Certification Pursuant to Florida Statue 287.135.pdf - Monday October 26,
2020 17:18:45
Florida Professional License, including evidence of possession of required licenses or business permits - LVSL_LBTR.pdf - Monday October 26,
2020 17:19:45
Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form - COI for BB Liab & Auto 10.21.20.pdf -
Monday October 26, 2020 17:20:18
Supplemental Information - Supplemental Information City of BB.docx - Monday October 26, 2020 17:20:45
Additional Information to be Provided (Delivery, Discount on Accessories, & Option for 5-Year Maintenance Agreement) - Additional
Information.docx - Monday October 26, 2020 17:21:21
Bid Number: ITB 034-2730-20RW Vendor Name: L.V. Superior Landscaping, Inc.Page 154 of 1203
Addenda & Acknowledgements
The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the
negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the
Consultant and its sub-consultants and lower tier sub-consultants.
The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its
subconsultants or lower tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a
material breach of this contract justifying its termination.
Confirmation of Drug Free Workplace
Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price,
quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the
award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program.
In order to have a drug-free workplace program, a business shall:
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in
subsection (1).
In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are
under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo
contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than 5 days after such conviction.
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the
employee’s community by, any employee who is so convicted.
Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Lucilo Vasquez, President, L.V. Superior
Landscaping, Inc.
The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest?
Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document
Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum 1 for ITB NO. 034-2730-20RW Lots & Alleyways
Thu October 22 2020 05:11 PM --
Bid Number: ITB 034-2730-20RW Vendor Name: L.V. Superior Landscaping, Inc.Page 155 of 1203
Bid Number: ITB 034-2730-20RW Vendor Name: L.V. Superior Landscaping, Inc.Page 156 of 1203
Page 157 of 1203
Potter's Professional
Lawn Care LLC RG LANDSCAPING INC
L.V. Superior
Landscaping, Inc.
C. MARTIN
LANDSCAPING
Submission 1 Submission 1 Submission 1 Submission 1
Schedule/Specification Total Total Total Total
Additional Service Items Not included in total Not included in total Not included in total Not included in total
Alleyways $180,900.00 $63,000.00 $39,960.00 $89,100.00
Lots $105,600.00 $42,000.00 $16,200.00 $10,860.00
Confirmation of Minority Owned Business Not included in total Not included in total Not included in total Not included in total
Letter of interest Not included in total Not included in total Not included in total Not included in total
Local Business Status Certification Not included in total Not included in total Not included in total Not included in total
References - Past Performance Not included in total Not included in total Not included in total Not included in total
Sub-Consultant(s) Not included in total Not included in total Not included in total Not included in total
Subtotal Contract Amount:$286,500.00 $105,000.00 $56,160.00 $99,960.00
ITB 034-2730-20RW - LANDSCAPE MAINTENANCE SERVICES – LOTS and ALLEY
Page 158 of 1203
YWAYS (LT) and (AW) - Overview of Specifications a
Page 159 of 1203
Page 160 of 1203
Page 161 of 1203
Page 162 of 1203
Page 163 of 1203
Page 164 of 1203
Page 165 of 1203
Page 166 of 1203
Page 167 of 1203
Page 168 of 1203
Page 169 of 1203
Page 170 of 1203
Page 171 of 1203
Page 172 of 1203
Page 173 of 1203
Page 174 of 1203
Page 175 of 1203
Page 176 of 1203
Page 177 of 1203
Page 178 of 1203
Page 179 of 1203
Page 180 of 1203
Page 181 of 1203
Page 182 of 1203
Page 183 of 1203
Page 184 of 1203
Page 185 of 1203
Page 186 of 1203
Page 187 of 1203
Page 188 of 1203
Page 189 of 1203
Page 190 of 1203
Page 191 of 1203
Page 192 of 1203
Page 193 of 1203
Page 194 of 1203
Page 195 of 1203
Page 196 of 1203
Page 197 of 1203
Page 198 of 1203
Page 199 of 1203
Page 200 of 1203
Page 201 of 1203
Page 202 of 1203
Page 203 of 1203
Page 204 of 1203
Page 205 of 1203
Page 206 of 1203
Page 207 of 1203
Page 208 of 1203
Page 209 of 1203
Page 210 of 1203
Page 211 of 1203
Page 212 of 1203
Page 213 of 1203
Page 214 of 1203
Page 215 of 1203
Page 216 of 1203
Page 217 of 1203
Page 218 of 1203
Page 219 of 1203
Page 220 of 1203
Page 221 of 1203
Page 222 of 1203
Page 223 of 1203
Page 224 of 1203
Page 225 of 1203
Page 226 of 1203
Page 227 of 1203
Page 228 of 1203
Page 229 of 1203
Page 230 of 1203
Page 231 of 1203
Page 232 of 1203
Page 233 of 1203
Page 234 of 1203
Page 235 of 1203
Page 236 of 1203
Page 237 of 1203
Page 238 of 1203
Page 239 of 1203
Page 240 of 1203
Page 241 of 1203
Page 242 of 1203
Page 243 of 1203
Page 244 of 1203
Page 245 of 1203
Page 246 of 1203
Page 247 of 1203
Page 248 of 1203
Page 249 of 1203
Page 250 of 1203
Page 251 of 1203
Page 252 of 1203
Page 253 of 1203
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 20-014
TO: Kristeena Pinto, Purchasing Manager
Financial Services Department
FROM: Gary Dunmyer, City Engineer
Public Works Department/Engineering Division
DATE: November 19, 2020, revised December 4, 2020
SUBJECT: ITB 031-2730-20/RW - Parks
ITB 032-2730-20/RW - Facilities
ITB 033-2730-20/RW - Medians & Right of Ways
ITB 034-2730-20/RW - Lots & Alleys
RECOMMENDATION OF AWARD
Bids were received and publicly opened for the above noted projects on Bid and Tender. All
submitted bids were reviewed by staff; I offer the following recommendations of Award:
• ITB 031-2730-20/RW - Parks – Cayco – Award Basic Maintenance for parks and future
park sites - (Not award Kapok, Joseph Crowder, & Town Square Parks & not award
Mulch Option) for $122,661.00
• ITB 032-2730-20/RW - Facilities – Cayco – Basic Maintenance Only for $143,944.00
• ITB 033-2730-20/RW - Medians & Right of Ways – Property Works – Both Basic
Maintenance & Mulch for $403,147.92
• ITB 034-2730-20/RW - Lots & Alleys – LV Superior – Basic Maintenance Only for
$56,160
Please present this recommendation to the City Commission for their approval.
S:\Engineering\ Memorandums\Memos 2020\20-014 Recommendation Landscaping Bid.docx
Page 254 of 1203
6.B.
C ONS E NT A GE ND A
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Proposed Resolution No. R20-136 - Approve and authorize City
Manager to sign Agreement between United Behavioral Health ("Optum") to provide Employee Assistance
Program (E A P) services at the rate of $15.00 per employee, per year (estimated annualized cost of $12,750)
from J anuary 1, 2021 through December 31, 2021, with one additional one year renewal option.
Explanation of Request:
On November 4, 2020 Counseling Services Associates, the City's contracted provider for E A P services,
informed the City that they were exercising the termination clause of their contract with us. This unanticipated
notice dated October 30, 2020 (attached) necessitated Human Resources and Gehring Group, the City's
Benefits Consultants, to secure a new provider for our E A P services.
On November 12, 2020, Gehring Group provided the City with six potential provider options (evaluation
comparisons attached), from which the City is recommending selecting Option 2 - Optum, which exceeds the
minimum benefit requirements and can be timely implemented. Additionally, Optum is affiliated with our
existing group health insurance provider United Healthcare, which will allow for a seamless transition of any
referral for service from the E A P provider.
How will this affect city programs or services? As part of the employee benefits program, the City
provides a full range of E A P services to assist in the identification of and counseling for issues related to
personal matters such as marital, family, financial, substance dependency, legal, emotional, and stress-related
concerns, which may potentially have a negative effect on an employee's job performance and overall health
and well-being. This program provides a valuable resource and referral for employees and their dependents
who may require assistance with life challenges.
Fiscal Impact: Budgeted The costs associated with these services are budgeted in line item 34-30 -
Employee Assistance Program in the Human Resources department's budget, and the rate of $15.00 per
employee, per year is guaranteed through December 31, 2023.
Alternatives: N/A
Strategic Plan:
Strategic Plan Application: High Performing Organization
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Page 255 of 1203
Grant Amount:
AT TAC H ME N TS:
Type Description
Resolution Resolution approving Administrative Services
Agreement for E A P
Addendum Agreement - Optum E A P Services
Addendum Termination Notice - Counseling Services
Associates
Addendum Evaluation Comparisons - E A P Services
Page 256 of 1203
S:\CA\RESO\Administrative Services Agreement (EAP) - Reso.Docx
RESOLUTION R20- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, APPROVING AND AUTHORIZING THE CITY 4
MANAGER TO SIGN AN ADMINISTRATIVE SERVICES 5
AGREEMENT BETWEEN UNITED BEHAVIORAL HEALTH 6
("OPTUM") TO PROVIDE EMPLOYEE ASSISTANCE 7
PROGRAM (EAP) SERVICES AT THE RATE OF $15.00 PER 8
EMPLOYEE, PER YEAR (ESTIMATED ANNUALIZED COST 9
OF $12,750) FROM JANUARY 1, 2021 THROUGH DECEMBER 10
31, 2021, WITH ONE ADDITIONAL ONE YEAR RENEWAL 11
OPTION; AND PROVIDING AN EFFECTIVE DATE. 12
13
WHEREAS, Counseling Services Associates, the City's contracted provider for 14
EAP services, informed the City that they were exercising the termination clause of their 15
contract which necessitated Human Resources and Gehring Group, the City's Benefits 16
Consultants, to secure a new provider for our EAP services; and 17
WHEREAS, Gehring Group provided the City with six potential provider options 18
from which the City is recommending selecting Option 2 - Optum, which exceeds the 19
minimum benefit requirements and can be timely implement; and 20
WHEREAS, Optum is affiliated with our existing group health insurance provider 21
United Healthcare, which will allow for a seamless transition of any referral for service 22
from the EAP provider. 23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26
being true and correct and are hereby made a specific part of this Resolution upon adoption 27
hereof. 28
Section 2. The City Commission of the City of Boynton Beach, Florida does 29
hereby approve and authorize the City Manager to sign an Administrative Services Agreement 30
Page 257 of 1203
S:\CA\RESO\Administrative Services Agreement (EAP) - Reso.Docx
between United Behavioral Health ("Optum") to provide Employee Assistance Program (EAP) 31
services at the rate of $15.00 per employee, per year (estimated annualized cost of $12,750) 32
from January 1, 2021 through December 31, 2021, with one additional one year renewal 33
option, a copy of the Administrative Services Agreement is attached hereto as Exhibit “A”. 34
Section 3. This Resolution will become effective immediately upon passage. 35
PASSED AND ADOPTED this _____ day of December, 2020 36
CITY OF BOYNTON BEACH, FLORIDA 37
YES NO 38
39
Mayor – Steven B. Grant _____ _____ 40
41
Vice-Mayor – Ty Penserga _____ _____ 42
43
Commissioner – Justin Katz _____ _____ 44
45
Commissioner – Woodrow L. Hay _____ _____ 46
47
Commissioner – Christina L. Romelus _____ _____ 48
49
VOTE ______ 50
ATTEST: 51
52
53
_____________________________ 54
Crystal Gibson, MMC 55
City Clerk 56
57
58
(Corporate Seal) 59
60
61
Page 258 of 1203
1
ADMINISTRATIVE SERVICES AGREEMENT
This Administrative Services Agreement ("Agreement") between United Behavioral Health (“Optum”), a California
corporation, and City of Boynton Beach (“Customer”) is effective January 1, 2021 (“Effective Date”). This Agreement
covers the services Optum is providing to Customer, either directly or in conjunction with one of Optum’s affiliates.
Section 1 – Definitions
When these terms are capitalized in the Agreement they have the meanings set f orth below. Defined terms may be
used in the singular or plural.
Employee: A current or former employee of Customer or an affiliated employer.
Employee Assistance Program or EAP: Services designed to assist Customer’s Employees, their dependents, and
Customer in finding solutions for personal and workplace problems.
ERISA: Employee Retirement Income Security Act of 1974, as amended from time to time, including all rules and
regulations promulgated thereunder.
Network: The group of Network Providers who entered into, or are governed by, contractual arrangements with
Optum to provide health care services to Plan Participants.
Network Provider: The physician, or medical professional or facility which participates in a Network and accepts
negotiated fees for providing health care services. A provider is only a Network Provider if they are participating in
a Network at the time services are rendered to the Plan Participant.
Participant: Employee beneficiary or dependent who is covered by the Plan.
PHI: Any information Optum receives or provides on behalf of the Plan which is considered Protected Health
Information as the term is defined in the privacy regulations of the Health Insurance Portability and Accountability
Act of 1996 and its implementing regulations (collectively, “HIPAA”) and American Recovery and Reinvestment Act
(“ARRA”), as each is amended from time to time.
Plan: The provisions of the plan of benefits to which this Agreement applies, as described in the Summary Plan
Description.
Plan Administrator: The current or succeeding person, committee, partnership, or other entity designated by the
terms of the instrument under which the Plan is operated as defined by ERISA and who is responsible for the Plan’s
operation.
Plan Document(s): The documents provided to Participants that are required by ERISA and are prepared or provided
by the Plan Administrator that describe either: the Services covered by this Agreement; eligibility requirements for
participation and benefits offered under the Plan; or any othe r similar information. Examples of Plan Documents
include but are not limited to the following: Summary Plan Description, evidence or certificate of coverage,
description of Services or a trust agreement.
Services: Collectively, the products and services Optum provides and performs pursuant to this Agreement as set
forth in Exhibit A attached hereto.
Summary Plan Description or SPD: The document(s) ERISA requires provided to Plan Participants describing the
terms and conditions of coverage offered under the Plan.
Section 2 – Benefit Plan
Page 259 of 1203
2
2.1 Responsibility for the Plan and Plan Assets. Optum is not the Plan Administrator of the Plan. Any references in
this Agreement, or elsewhere, to Optum “administering the Plan” are descriptive only and do not confer upon Optum
anything beyond certain agreed upon claim administration duties. Except to the extent this Agreement specifically
requires Optum to have the fiduciary responsibility for a Plan administrative function, Customer has the sole
responsibility for all obligations of the Plan, the Plan Sponsor, and the Plan Administrator under ERISA and any other
applicable laws and regulations, including but not limited to benefit design and preparation, distribution of Plan
Documents, content and regulatory compliance of the Plan Documents.
2.2 Plan Consistent with the Agreement. Customer represents that Plan Documents are consistent with this
Agreement. Customer will provide Optum with copies of Plan Documents or any communications describing Plan
Documents prior to distributing these materials to Participants, Employees or third parties. Customer will amend
Plan Documents or communications related thereto if Optum reasonably determines that references to Optum are
not accurate, or a Plan provision is not consistent with this Agreement or the Services. Customer shall be responsible
for printing, maintaining a supply of and distributing to Participants, within a reasonable period of time before
coverage begins, the Plan Documents and all other information and forms necessary for Participants’ enrollment
and continued eligibility for Services under the Plan.
2.3 Plan Changes. Customer will provide Optum with notice of any changes to the Plan and/or Plan Documents
within a reasonable period of time prior to the effective date of the change to allow Optum to determine if the
change will impact the Services. Any change by Customer that impacts the Services must be mutually agreed to in
writing prior to implementation of such change. Optum will notify Customer if: (i) the change increases Optum’s cost
of providing Services which would result in an increase in fees; or (ii) if in Optum’s reasonable discretion it is unable
to implement or administer the change. If the parties cannot agree to a new fee within thirty (30) days of the notice
of the new fee, or if Optum notifies Customer that Optum is unable to reasonably implement or administer the
change, Optum shall have no obligation to implement or administer the change, and Customer may terminate this
Agreement upon sixty (60) days written notice.
2.4 Affiliated Employers. Customer represents that together, Customer and any of Customer’s affiliates covered
under the Plan make up a single “controlled group” as defined by ERISA. Upon request by Optum, Customer agrees
to provide Optum with a list of Customer’s affiliates covered under the Plan.
Section 3 – Customer Responsibilities
3.1 Reliance on Data. Optum is not liable for any acts or omissions it makes in reliance on the direction or consent
from an authorized representative of Cu stomer. Optum is not responsible or liable for any acts or omissions made
in reliance on erroneous data provided by Customer or agents, or the failure of Customer to perform its obligations
under this Agreement. Customer understands that Optum cannot timely or accurately perform its duties under this
Agreement without complete, accurate, and timely information and that Optum shall have no liability to Customer
or any Participant as a consequence of incomplete, inaccurate, or untimely information provided t o Optum by
Customer or its agents. Customer understands that an additional fee may be required if Optum is required to take
corrective action as a result of such incomplete, inaccurate, or untimely information.
3.2 Authorizations, Data Integrity, and Disc losures. Customer is responsible for obtaining, prior to furnishing any
data or information to Optum (either directly or through a third party), any necessary permissions, consents, or
releases, including entering into business associate agreements if required by applicable federal, state or local laws
and/or regulations, to allow Customer to deliver Customer data to Optum and Optum to use and disclose such
Customer data as set forth under this Agreement or required by law. Optum shall not be responsible o r liable for
(a) errors in Customer data or data entry done by Customer or Customer’s designated data sources, or (b) errors in
services, programs, hardware, data files, or output Optum provides to or maintains for Customer pursuant to this
Agreement, if the Optum errors resulted from errors in Customer's or Customer’s data sources’ input data, or from
Customer's failure to comply with this Agreement. During and after the Term of this Agreement, Optum may use,
reproduce, transfer and combine Customer data and any derivatives of that data for preparing commercially
Page 260 of 1203
3
available normative and benchmark data and databases, and for internal and external research and analysis
purposes.
3.3 Notices to Participants. In the event this Agreement terminates, Customer will notify all Participants that the
Services Optum is providing under this Agreement are discontinued.
3.4 Providing Funds for Benefits. Optum is solely responsible for providing funds for all EAP benefits payable to
Network Providers.
Section 4 – Services
4.1 Administrative Services. Optum will provide the administrative services described in Exhibit A.
4.2 Network Access, Management and Administration. To the extent applicable to the Services, Optum will provide
Customer and Participants with access to Networks and Network Providers, as well as related administrative services
including physician (and other health care professional) relations, clinical profiling, contracting and credentialing,
and network analysis and system development. The make-up of the Network can change at any time. Notice will be
given in advance or as soon as reasonably possible. Optum does not employ Network Providers and they are not
agents or partners of Optum. Network Providers participate in Networks only as independent contractors. Network
Providers and the Participants are solely responsible for any health care services rendered to Participants. Optum is
not responsible for the medical outcomes or the quality or competence of any Network Provider rendering health
care services, health care services provided through an Optum affiliate network, or payment for services rendered
by a Network Provider through other network.
4.3 Customer Reporting Services. Optum will provide standard summaries of program activities to Customer as part
of the Services. Optum reserves the right, from time to time, to change the content, format and/or type of its
reports. Ad-hoc and non-standard reporting shall be mutually agreed upon by the parties and may be subject to
additional fees.
Section 5 – Service Fees
5.1 Service Fees. Customer will pay Optum fees for the Services as set forth in Exhibit A of this Agreement. In
addition to the Service fees specified in Exhibit A, Customer must also pay Optum any additional fee that is
authorized by a provision elsewhere in this Agreement or is otherwise agreed to by the parties. If Customer delegates
payment of Services fees to a broker or agent, it remains Customer’s obligation to pay Optum, and payment to a
broker or agent will not relieve Customer of that obligation in the event a broker or agent fails to pay Optum or a
payment is untimely.
5.2 Changes in Service Fees. Optum will provide Customer with at least sixty (60) days prior written notice of revised
Service fees. Service fee changes will be effective at the end of the notice period. If applicable, Optum will provide
Customer with a notice reflecting the revised Service fees that will replace the existing Exhibit A. If Customer objects
to a change in Service fees, Customer may terminate this Agreement by providing written notice to Optum within
ninety (90) days after Customer receives written notice of the new fees. Customer must still pay any amounts due
for the periods during which the Agreement is in effect and during post-termination transition services.
5.3 Payments. Customer will remit Service fees to Optum on or before the twentieth (20th) calendar day of the
current month of Services. Customer shall use the “self bill template” provided during implementation to calculate
Service fees owed Optum based on the number of eligible Employees as of the first day of the current month of
Services. With each payment of Service fees, Customer shall provide the self bill template and such other HIPAA
compliant remittance detail that includes counts of all applicable Employees and any adjustments made to the
Service fees, together with any supporting documentation of the adjustments involving the current month and/or
up to the previous two months of Services provided.
Page 261 of 1203
4
5.4 Penalties. If monthly Service fees are not paid within ten (10) days after their due date (“Grace Period”),
Customer will pay Optum interest on the fees owed at the interest rate of one percent (1%) for each thirty (30) day
period or portion thereof for any outstanding balance. Optum b illed Customers will be charged accrued interest in
their next month’s bill. Self-billing Customers must pay accrued interest for a late payment with their next monthly
payment. If a self-billing Customer fails to pay accrued interest for a late payment, Optum reserves the right to
revoke permission to self-bill or terminate the Agreement. Optum’s decision to provide Customer with a Grace
Period will be based on Optum’s assessment of Customer’s financial condition, as of the Effective Date, and
Customer’s compliance with material financial obligations. If Optum determines, based on reasonable information
and belief, that Customer’s financial condition has deteriorated, or Customer fails to comply with the material
financial obligations specified in this Agreement, Optum may remove the Grace Period upon notice to Customer and
either charge interest on payments not received after the due date or terminate the Agreement. Customer agrees
to promptly reimburse Optum for any collection costs Optum incurs.
5.5 Reconciliation. Optum may periodically reconcile the total amounts Customer has paid Optum with the total
amounts Customer owes Optum. If the reconciliation indicates that Optum owes Customer money, Customer’s next
payment will be credited. If the reconciliation indicates that Customer owes Optum money, Optum will invoice
Customer for the amount due. All adjustments to over and under payments, except when arising from
misrepresentation or fraud by the other party, must be reconciled no later than 180 days after the month in question
and any reconciliation greater than 180 days shall be deemed waived. Any such variances occurring during the last
four months of the Term will be reconciled within 180 days after the Agreement's termination.
Section 6 – Term of the Agreement
6.1 Term. This Agreement will commence on the Effective Date and continue for a period of one (1) year (Initial
Term”). Within ninety (90) days of expiration of the Initial Term, the Agreement may be extended for additional one
(1) year period (each such renewal, a “Renewal Term”) by the written agreement of the Customer’s City Manager
and authorized representative of Optum. The Initial Term and each subsequent Renewal Term are referred to herein
as (the “Term”).
6.2 Services End. Services under this Agreement stop on the date this Agreement terminates, regardless of the date
claims are incurred. If Optum agrees to continue providing certain services beyond the termination date, those
services will be governed by the terms of this Agreement.
Section 7 – Termination
7.1 Termination Events. This Agreement will terminate under the following circumstances: (i) the Plan terminates;
(ii) after the Initial Term, either party gives the other party at least ninety (90 ) days prior written notice; (iii) Optum
gives Customer notice of termination because Customer did not pay the fees or other amounts Customer owed
Optum when due under the terms of this Agreement; (iv) Customer fails to provide the required funds for payme nt
of benefits under the terms of this Agreement; (v) a party elects to terminate because the other party is in material
breach of this Agreement, other than by non-payment or late payment of fees owed by Customer or the funding of
Plan benefits, and does not correct the breach within thirty (30) days after being notified in writing; (vi) any state or
other jurisdiction prohibits a party from administering the Plan under the terms of this Agreement, or imposes a
penalty on the Plan or Optum and such penalty is based on the Services specified in this Agreement, or (vii) as
otherwise specified in this Agreement. In a Section 7.1(vi) event, the impacted party may immediately discontinue
the Agreement’s application in such state or jurisdiction and the Agreement will continue to apply in all other states.
In all circumstances, notice shall be given to the other party when reasonably practical.
7.2 Post-Termination Transition Services. When the Agreement is terminated:
7.2.1 Customer and Optum may mutually agree upon any transition services required and fees to Optum for
such transition services;
Page 262 of 1203
5
7.2.2 Optum will use commercially reasonable efforts to cause Network Providers to continue to provide
services to any Participants undergoing treatment through the end of the Term.
Section 8 – Records, Information, Audits
8.1 Records. Optum will keep records relating to the Services provided under this Agreement (“Records”) for the
later of Optum’s record retention policy or requirements under applicable law.
8.1.1 Public Records. Sealed documents received by the Customer in response to an invitation are exempt from
public records disclosure until thirty (30) days after the opening of the Bid unless the Customer announces intent
to award sooner, in accordance with Florida Statutes 119.07.
Customer is a public agency subject to Chapter 119, Florida Statutes. Optum shall comply with Florida’s Public
Records Law. Specifically, Optum shall:
A. Keep and maintain public records required by the Customer to perform the Service;
B. Upon written request from the Customer’s custodian of public records, provide the Customer 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 applicable law for the duration of the
Term of this Agreement and, following completion of the Services, Contractor shall, if feasible, destroy all
copies of such confidential and exempt records remaining in its possession once Optum transfers the
records in its possession to the Customer; and
D. Upon completion of the Agreement, Optum shall transfer to the Customer, at no cost to the Customer, all
public records in Optum’s possession. All records stored electronically by Optum must be provided to the
Customer, upon written request from the Customer’s custodian of public records, in a format that is
compatible with the information technology systems of the Customer.
E. IF [OPTUM] THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO [OPTUM’S] THE
CONTRACTOR’S] DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
[AGREEMENT] 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
Page 263 of 1203
6
8.2 Access to Information.
8.2.1 Customer Access. If Customer needs Records in order to administer the Plan, Optum will provide Customer
access to those Records, if (a) it is legally permissible (b) the Records relate to Services under this
Agreement, and (c) Customer gives Optum reasonable advance notice and an explanation of the need for
such Records. Optum will provide Records to Customer, only while this Agreement is in effect and for a
period of six (6) months after the Agreement terminates, unless Customer demonstrates that the Records
requested are required by law or for Plan administration purposes in which case such Records will continue
to be available until the later of Optum’s record retention policy or requirements under applicable law.
Upon request by Customer, Optum will provide reasonable access to Records to an entity providing Plan
administrative services to Customer other than an entity providing audit services, which will be governed
by Section 8.3. Before Optum provides any Records, including PHI, to that entity, the parties must sign a
mutually agreed-upon confidentiality agreement, and the parties must agree as to what information is
minimally necessary to accomplish the Plan administrative service.
8.2.2 Government Access. The federal, state and local government and accrediting agencies including, but not
limited to, the National Committee for Quality Assurance (the “NCQA”) or to The American Accreditation
HealthCare Commission/URAC, and any of their authorized representatives, shall have access to Optum
Records and Customer authorizes Optum to release to these agencies all Records within its possession.
8.3 Audits. During the term of the Agreement, and at any time within six (6) months following its termination,
Customer or a mutually agreeable independent auditor may audit Optum Records once each calendar year.
Customer must provide sixty (60) days prior written notice to Optum of Customer’s intent to audit. The scope, place,
time, duration, and frequency of each audit must be reasonable and agreed to by Optum. All auditors shall agree to
sign confidentiality agreements prior to conducting such audits. Audits will be limited to Records relating to the
calendar year in which the audit is conducted, and/or the immediately preceding calendar year a nd be performed
during normal business hours in accordance with generally accepted auditing procedures.
In addition to Customer’s expenses and any applicable fees, Customer will also pay any extraordinary expenses
Optum incurs in connection with the audit. For any audit initiated after this Agreement is terminated, Customer will
pay all expenses incurred by Optum. Customer will provide Optum with a copy of all audit reports within ten (10)
days after Customer receives the audit report(s) from the auditor.
8.4 Confidential Information. Each party acknowledges that in the course of performing under this Agreement, or
in the course of discussing or negotiating this Agreement it may learn confidential, trade secret, or proprietary
information concerning the other party or third parties to whom the other party has an obligation of confidentiality
(“Confidential Information”). Without limiting the foregoing, Optum’s Confidential Information shall include,
without limitation, the terms of this Agreement, financial information, employee information, information regarding
products, marketing plans, business plans, customer names and lists, software and associated algorithms,
developments, improvements, know-how, code (object and source), programs, software architectu re, technology
and trade secrets, reports generated by or for Optum, Optum's methods of database creation, and Optum's
translation, standardization, enhancement, and health data analysis techniques, health data reporting and profiling
methods and formats. Without limiting the foregoing, Customer’s Confidential Information shall include information
regarding Customer’s business, and information regarding Customer's premiums and claims data. Confidential
Information shall not include PHI, which is subject to the Business Associate Addendum attached hereto. This
provision shall survive the termination of this Agreement. Each party agrees that: (a) it will use the other party’s
Confidential Information only as may be necessary in the course of performing duti es, receiving services or exercising
rights under this Agreement; (b) it will treat such information as confidential and proprietary; (c) it will not disclose
such information orally or in writing to any third party without the prior written consent of the other party; and (d)
it will not otherwise appropriate such information to its own use or to the use of any other person or entity. Without
limiting the foregoing, each party agrees to take at least such precautions to protect the other party’s Confiden tial
Information as it takes to protect its own Confidential Information. Each party is solely responsible for all use of the
other party’s Confidential Information by anyone who gains access to the Confidential Information under such
Page 264 of 1203
7
party’s authorization. Upon termination or expiration (without renewal) of this Agreement, each party will return
to the other party, or certify as destroyed, all tangible items containing any of the other party’s Confidential
Information that are held by that party or its employees, agents or contractors, other than one archival copy. Each
party agrees to notify the other party if it becomes aware of any unauthorized use or disclosure of the other party’s
Confidential Information. If either party believes it is required by law or by a subpoena or court order to disclose any
of the other party’s Confidential Information, it shall, if legally permissible, promptly notify the other party and shall
make all reasonable efforts to allow the other party an opportunity to seek a pro tective order or other judicial relief
prior to any disclosure. Nothing in this Agreement shall be construed to restrict disclosure or use of information that
was in the possession of or rightfully known by the recipient, without an obligation to maintain its confidentiality,
prior to receipt from the other party; is or becomes generally known to the public without violation of this
Agreement; is obtained by the recipient in good faith from a third party having the right to disclose it without an
obligation of confidentiality; or is independently developed by the receiving party without reference to the other
party’s Confidential Information.
8.5 PHI. The parties agree will comply with all applicable requirements set forth in HIPAA and ARRA. The parties'
obligations with respect to the use and disclosure of PHI are outlined in the Business Associate Addendum attached
to this Agreement as Exhibit B.
Section 9 – Indemnification and Insurance
9.1 Indemnification by Optum. Optum will indemnify Customer and hold Customer, its officers, directors,
employees, agents, successors and assigns harmless from and against any and all losses, liabilities, penalties, fines,
costs, damages (including taxes), and related costs and expenses, including reasonable attorneys’ fee s and costs
(collectively “Losses”), due to or arising from a third-party claim against Customer to the extent such Losses arise
out of or are related to: (i) the gross negligence or willful misconduct of Optum or its agents, subcontractors, and
representatives acting on Optum’s behalf in the performance of Optum’s obligations under this Agreement; or (ii)
Optum’s material breach of this Agreement. Notwithstanding the foregoing, Customer will remain solely responsible
for payment of all Plan benefits and Optum’s indemnification will not extend to indemnification of Customer or the
Plan against any claims, liabilities, damages, judgments or expenses that constitute payment of Plan benefits when
Optum is only performing administrative services and Customer is funding the Plan benefits.
9.2 Indemnification by Customer. Customer will indemnify Optum and hold Optum, its officers, directors,
employees, agents, successors and assigns harmless from and against any and all Losses , due to or arising from a
third-party claim against Optum to the extent such Losses arise out of are related to: (i) the gross negligence or
willful misconduct of Customer or its agents, subcontractors, and representatives acting on Customer’s behalf in
the performance of Customer’s obligations under this Agreement; or (ii) Customer’s material breach of this
Agreement.
9.3 Indemnification Procedures. The indemnification obligations in Sections 9.1, and 9.2 herein are subject to the
indemnified party (Indemnified Party): (a) notifying the indemnifying party (Indemnifying Party) promptly and in
writing of the Loss, although the failure or delay to so notify by the Indemnified Party will not relieve the
Indemnifying Party of its obligations under Section 9 of this Agreement so long as the failure or delay does not
prejudice the defense of such claim; (b) providing reasonable assistance in defending the claim; and (c) consenting
to the Indemnifying Party’s sole authority to defend or settle such claim, provided that the Indemnifying Party w ill
not agree to any stipulation, admission, or acknowledgement of fault, guilt, wrongdoing or liability on the part of the
Indemnified Party without the Indemnified Party's prior written consent. An indemnified party may not assert any
claims against the Indemnifying Party more than two (2) years after the expiration or termination of this Agreement.
9.4 Insurance. During the term of this Agreement, Optum shall maintain in effect commercial general liability
insurance in the amount of $1,000,000 per occurr ence and $3,000,000 aggregate and professional liability insurance
coverage in the amount of $5,000,000 per occurrence and $5,000,000 aggregate.
Page 265 of 1203
8
Section 10 – Disputes
In the event that any dispute, claim, or controversy of any kind or nature relating to t his Agreement arises between
the parties, the parties agree to meet and make a good faith effort to resolve the dispute. Nothing herein is intended
to prevent either party from seeking any other remedy available at law including seeking redress in a court of
competent jurisdiction. This provision shall survive the termination of this Agreement.
Section 11 – Service Specific Terms
11.1 Plan Benefits Litigation.
11.1.1 Litigation against Optum. Optum will select and retain defense counsel to represent Optum’s and the Plan’s
interest, if a demand is asserted, or litigation or administrative proceedings are begun by a Participant or
Network Provider against Optum, or against the Plan and Optum jointly, to recover Plan benefits, related
to Optum’s duties under this Agreement (“Plan Benefits Litigation”). In actions against both Customer and
Optum, and provided no conflict of interest arises between the parties, the parties will use joint defense
counsel. Reasonable legal fees and costs Optum incurs will be paid by Customer if Optum gives Customer
reasonable advance notice of Optum’s intent to charge Customer for such fees and costs, and Optum
consults with Customer in a manner consistent with Optum’s fiduciary obligations under ERISA on Optum’s
litigation strategy. Both parties will cooperate fully with each other in the defense of Plan Benefits Litigation.
Optum is responsible for the full amount of any Plan benefits paid as a result of such litigation except when
one or more of the following exist: (i) Optum is performing only administrative services; or (ii) Customer’s
acts or omissions caused Plan benefits to be paid in error; or (iii) Customer has an indemnification
obligation, then Customer will be responsible for the full costs of such Plan benefits paid. This provision
shall survive the termination of this Agreement.
11.1.2 Litigation against Customer. If litigation or administrative proceedings are begun against Customer and/or
the Plan, Customer will select and retain counsel, and Customer will be responsible for all legal fees and
costs in connection with such litigation. Optum will cooperate fully in the defense of litigation arising out of
matters relating to this Agreement. This provision shall survive the termination of this Agreement.
11.2 EAP Services in California. This Agreement does not cover any Participant within California and Customer
represents there are no Participants in California.
Section 12 – Miscellaneous
12.1 Subcontractors. Optum can use subcontractors, including affiliates, to perform Services under this Agreement.
Optum will be responsible for their services to the same extent that Optum would have been had Optum performed
the Services without the use of an affiliate or subcontractor.
12.2 Assignment. Neither party may assign any of its rights or obligations under this Agreement without the written
consent of the other party, provided, however, that Optum may assign or transfer this Agreement to an entity
controlling, controlled by, or under common control with Optum, or a purchaser of all or substantially all of Optum’s
assets, subject to notice to Customer of the assignment.
12.3 Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of
Florida, except as to any applicable federal laws, without giving effect to the principles of conflicts of law thereof.
12.4 Entire Agreement. This Agreement, with its exhibits and all other attachments, constitutes the entire
agreement between the parties governing the subject matter of this Agreement. This Agreement replaces any prior
written or oral communications or agreements between the parties relating to the subject matter of this Agreement.
Any article, paragraph, section, title, or other heading contained in this Agreement are for convenience of reference
Page 266 of 1203
9
only, and are not to be deemed a part of this Agreement nor do they in any way define, limit, construe the terms,
scope, intent, and/or meaning of this Agreement or any provision therein.
12.5 Amendment. The Agreement (including its Exhibits) may be amended only by both parties agreeing to the
amendment in writing, executed by a duly authorized person of each party.
12.6 No Third Party Beneficiaries. This Agreement is solely between Optum and Customer. Nothing in this
Agreement is intended to (i) confer or create any rights, remedies, obligations, duties, claims, interests, warranties,
or representations whatsoever under or by reason of this Agr eement on or to any person other than Customer and
Optum and their respective successors and assigns; (ii) relieve, discharge, or shift any obligation or liability of any
third party to Optum or Customer; or (iii) give any third party any right of subroga tion or action over or against
Customer or Optum. This provision shall survive termination of this Agreement.
12.7 Regulatory Filing. In the event that Customer is required to file this Agreement with federal, state and local
governmental authorities, Customer shall be responsible for filing the Agreement with such authorities as required
by any applicable law or regulation. If, following any such filing, the governmental authority requests changes to
this Agreement, Optum and Customer shall jointly discus s Customer’s response to the governmental authority. In
the event any federal, state or local governmental authority requires a change to this Agreement that either Optum
or Customer deems to be material, either party may request renegotiation of the affe cted provisions of this
Agreement.
12.8 Waiver/Estoppel. Nothing in this Agreement is considered to be waived by any party, unless the party claiming
the waiver receives the waiver in writing. No breach of the Agreement is considered to be waived unless th e non-
breaching party waives it in writing. A waiver of one provision does not constitute a waiver of any other. A failure of
either party to enforce at any time any of the provisions of this Agreement, or to exercise any option which is herein
provided in this Agreement, will in no way be construed to be a waiver of such provision of this Agreement.
12.9 Notices. Any notice, demand, or communication required under this Agreement shall be hand delivered or sent
by commercial overnight delivery service, or if mailed, by pre-paid, first class mail to the contact names and
addresses listed in the signature block with a copy sent to Optum’s General Counsel. The addresses to which notices
are sent may be changed by proper notice.
12.10 Use of Names. The parties agree not to use each other's name, logo, service marks, trademarks or other
identifying information without the written permission of the other; provided, however, Customer grants Optum
permission to use Customer’s name, logo, service marks, trademarks or other identifying information (“Customer
Marks”) to the extent necessary for Optum to carry out its obligations under this Agreement. Customer represents
that Customer Marks do not infringe the rights of others or inaccurately portray the Services or mis lead Participants
and are used by Customer in accordance with all applicable laws.
12.11 Force Majeure. When any obligation(s) of a party is/are prevented, frustrated, hindered or delayed as a result
of a Force Majeure Event, then all such obligations (ex cluding payments due Optum due under this Agreement)
impacted by the Force Majeure Event will be suspended for the duration of that Force Majeure Event and such party
shall not be deemed to be in breach of fulfilling such obligation or any other provision of this Agreement or any
Exhibit or attachment to the Agreement affected by the Force Majeure Event. Neither party shall be liable for any
effect or failure to perform or meet any of its obligations, performance, service levels, or for any damages or
penalties caused or occasioned by the Force Majeure Event. The time of performance for such obligations shall be
extended for a period of time equal to the time lost by reason of the Force Majeure Event, provided the party is
exercising diligent efforts to resume its obligations. The term "Force Majeure Event" means any event or cause not
reasonably within the control of the party claiming suspension, including, without limitation, nuclear or natural
catastrophe, an act of God, weather-related disaster, hurricane, tornado, flood, fire, earthquake, accident, industrial
disturbance, interruptions or malfunctions of computer facilities, disruption or outage of communications or
computer (software or hardware) services, connectivity, internet, power, or other util ity, any disruption, inability or
shortage of supplies or delivery chains, labor dispute resulting in a strike, any labor, workforce, material, equipment
Page 267 of 1203
10
or transportation, military, civil or regulatory disturbance, governmental action, war, riot, terroris m, sabotage,
insurrection, disease, quarantine, epidemic, pandemic, embargos, and breakdown of equipment, whether similar or
dissimilar to any of the foregoing. A party claiming a Force Majeure Event shall take reasonable steps to resume
performance as soon as possible. Each party will maintain commercially reasonable business continuity and disaster
recovery plans.
12.12 LIABILITY. EACH PARTIES’ AGGREGATE LIABILITY TO EACH OTHER IN ACTIONS BETWEEN THE PARTIES
BROUGHT UNDER THIS AGREEMENT OR ANY ATTACHMENT HERETO SHALL NOT EXCEED THE TOTAL MONTHLY FEE
CUSTOMER HAS PAID OR OWES OPTUM PURSUANT TO THIS AGREEMENT OR EACH RESPECTIVE SCHEDULE AS
APPLICABLE TO WHICH THE INCIDENT PERTAINS FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE
INCIDENT GIVING RISE TO THE CAUSE OF ACTION. NEITHER PARTY, REGARDLESS OF THE CAUSE, SHALL BE LIABLE
TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM PERFORMANCE OR
FAILURE TO PERFORM UNDER THIS AGREEMENT. CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED
TO, LOST PROFITS, LOST REVENUES, AND LOST BUSINESS OPPORTUNITIES, WHETHER OR NOT THE OTHER PARTY
WAS OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE,
THE LIMITATIONS STATED ABOVE DO NOT APPLY TO THE EXTENT SUCH LIABILITY IS DIRECTLY ARISING FROM: (A)
A BREACH OF CONFIDENTIALITY OBLIGATIONS; (B) AN OBLIGATION OF INDEMNIFICATION; (C) ANY
INFRINGEMENT CLAIM OR ACTION; (D) VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO A HIPAA BREACH;
AND/OR (E) CUSTOMER’S LIABILITY TO OPTUM FOR FAILURE TO PAY AMOUNTS DUE UNDER THIS AGREEMENT
OR ANY ATTACHMENT HERETO.
12.13 Compliance with Laws. Customer shall substantially comply with and ensure the Plan substantially complies
with all applicable laws and regulations. Except as provided below, Optum shall obtain and maintain any applicable
licenses or regulatory approvals necessary for it to perform its services under this Agreement and shall substantially
comply with all applicable laws and regulations.
12.14 Independent Medical Judgment. Customer and Optum both acknowledge and agree that Participants’
treating physician(s) and other health care providers, including but not limited to Network Providers, shall be solely
responsible to provide treatment and/or services to Participants and to make all decisions related to patient care
and shall exercise their independent medical judgment as to all such matters. Nothing in this Agreeme nt shall be
deemed to create any rights of Optum, Customer, or any other person or entity to intervene in any manner with or
otherwise interfere with the independent medical judgment of Participants’ health care providers with regard to
treatment or utilization issues, nor shall it render Optum, Customer, or any other person or entity responsible for
the method or means by which any health care provider renders treatment or service to a Participant.
12.15 No Incentive Payments. Optum receives no incentive payment based on reduction of services or the charges
thereof, reduction of length of stay, or utilization of alternative treatment settings to reduce amounts of necessary
or appropriate medical care.
12.16 Counterparts. This Agreement may be signed electronically or in multiple counterparts, each of which shall be
deemed an original, and all of which, when taken together, shall constitute one instrument.
12.17 Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent
jurisdiction, then the remaining portions of the Agreement shall be construed as if not containing such provision,
and all other rights and obligations of the parties shall be construed and enforced accordingly.
12.18 Survival of Terms. Any provisions of this Agreement, or any attachments, and exhibits, which by their nature,
extend beyond the expiration, or termination of this Agreement, and those provisions that are expressly stated to
survive termination, shall survive the termination of this Agreement, and shall remain in effect until all such
obligations are satisfied.
Page 268 of 1203
11
12.19 Legal Advice. It is understood and agreed that the Services do not include and Optum will not provide,
investment, tax or legal advice. If the Customer requires legal or other expert advice, the Customer should consult
its own legal counsel.
12.20 Improvements and Modification of Services. Optum reserves the right to upgrade, improve, modify or
discontinue any Services provided or made available to Customer under th is Agreement.
12.21 Scrutinized Companies – F.S. 287.135 and 215.473. By execution of this Agreement, Optum certifies that
Optum is not participating in a boycott of Israel. Optum further certifies that Optum 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 Optum been engaged in
business operations in Syria. Subject to limited exceptions provided in state law, the C ustomer 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 this Agreement. The Customer shall provide notice, in writing, to Optum of the
Customer’s determination concerning the false certification. Vendor shall have ten (10) business days from receipt
of notice to refute the false certification allegation. If such false certification is discovered during the active
Agreement Term, Optum 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 Optum does not demonstrate that
the Customer’s determination of false certification was made in error then the C ustomer shall have the right to
terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
ACCEPTED AND AGREED:
United Behavioral Health City of Boynton Beach
425 Market Street, 14th Floor 100 East Ocean Avenue
San Francisco, CA 94105-2426 Boynton Beach, FL 33435
Signature:
\si2\
Signature:
\si1\
Print Name:
\na2\
Print Name:
\na1\
Print Title:
\ti2\
Print Title:
\ti1\
Date:
\ds2\
Date:
\ds1\
Internal Control No.: 00756757.0
Page 269 of 1203
12
EXHIBIT A – SERVICES AND FEES
The following are the administrative services Optum has agreed to provide to Customer at the rates set forth
herein.
Product Hours Rate Type Rate Period $ Fee
Employee Assistance Program - EAP - EMPLOYER
EAP 5 Sessions
N/A Per
Employee
Per Month $1.25
Bank of Hours for Training & Critical Incident
(CIRS)
5 Per
Employee
Per Month N/A
Additional On-Site Support Service hours are available on a fee-for-service basis. Services are billed at an
hourly rate plus travel time. Any onsite or training hours can be purchased according to the rates in the grid
below.
On-Site Support Service Fee for Service
Management Development Programs $175/on-site hour
Employee Development Programs $175/on-site hour
Wellness Seminars $175/on-site hour
Information Resource Events $175/on-site hour
Critical Incident Response Services $225/on-site hour
Travel Time & Trainer Downtime $100/hour
Rate Effective Period: 1/1/2021 - 12/31/2023.
These rates are based on an enrolled population of 797. If enrollment changes by more than 10%, then Optum
reserves the right to revise the rates.
Page 270 of 1203
13
EXHIBIT B – BUSINESS ASSOCIATE ADDENDUM
This Business Associate Addendum (“BAA”) is incorporated into and made part of the services agreements
(collectively, the “Agreement”), by and between United Behavioral Health, on behalf of itself and its subsidiaries
and affiliates (“Business Associate”), and City of Boynton Beach (“Covered Entity”), that involve the use or
disclosure of PHI (as defined below). The parties agree as follows.
1. DEFINITIONS
1.1 All capitalized terms used in this BAA not otherwise defined herein have the meanings established for
purposes of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as
amended and supplemented (collectively, “HIPAA”).
1.2 “Breach” means the acquisition, access, use or disclosure of PHI in a manner not permitted by the Privacy
Rule that compromises the security or privacy of the PHI, subject to the exclusions in 45 C.F.R. § 164.402.
1.3 “PHI” means Protected Health Information, as defined in 45 C.F.R. § 160.103, and is limited to the
Protected Health Information received from, or received, created, maintained or transmitted on behalf of, Covered
Entity.
1.4 “Privacy Rule” means the federal privacy regulations, and “Security Rule” means the federal security
regulations, as amended, issued pursuant to HIPAA and codified at 45 C.F.R. Parts 160 and 164 (Subparts A, C & E).
1.5 “Services” means the services provided by Business Associate to Covered Entity to the extent they in volve
the receipt, creation, maintenance, transmission, use or disclosure of PHI.
2. RESPONSIBILITIES OF BUSINESS ASSOCIATE. With regard to its use and/or disclosure of PHI, Business
Associate agrees to:
2.1 not use and/or further disclose PHI except as necessary to provide the Services, as permitted or required
by this BAA and in compliance with the applicable requirements of 45 C.F.R. § 164.504(e), or as Required by Law;
provided that, to the extent Business Associate is to carry out Covered Entity’s obligations under the Privacy Rule,
Business Associate will comply with the requirements of the Privacy Rule that apply to Covered Entity in the
performance of those obligations.
2.2 implement and use appropriate administrative, physical and technical safeguards and comply with
applicable Security Rule requirements with respect to ePHI, to prevent use or disclosure of PHI other than as
provided for by this BAA.
2.3 without unreasonable delay, report to Covered Entity (i) any use or disclosure of PHI not provided for in
this BAA and/or (ii) any Security Incident of which Business Associate becomes aware in accordance with 45 C.F.R.
§ 164.314(a)(2)(i)(C). For the purposes of reporting under this BAA, a reportable “Security Incident” shall not
include unsuccessful or inconsequential incidents that do not represent a material threat to confidentiality,
integrity or availability of PHI (such as scans, pings, or unsuccessful attempts to penetrate computer networks).
2.4 report to Covered Entity within ten business days: (i) any Breach of Unsecured PHI of which it becomes
aware in accordance with 45 C.F.R. § 164.504(e)(2)(ii)(C). Business Associate shall provide to Covered Entity a
description of the Breach and a list of Individuals affected (unless Covered E ntity is a plan sponsor ineligible to
receive PHI). Business Associate shall provide required notifications to Individuals and the Media and Secretary,
where appropriate, in accordance with the Privacy Rule and with Covered Entity’s approval of the notification text.
Business Associate shall pay for the reasonable and actual costs associated with those notifications and with credit
monitoring, if appropriate.
Page 271 of 1203
14
2.5 in accordance with 45 C.F.R. § 164.502(e)(1)(ii) and 45 C.F.R. § 164.308(b)(2), ensure that any
subcontractors of Business Associate that create, receive, maintain or transmit PHI on behalf of Business Associate
agree, in writing, to the same restrictions on the use and/or disclosure of PHI that apply to Business Associate with
respect to that PHI, including complying with the applicable Security Rule requirements with respect to ePHI.
2.6 make available its internal practices, books and records relating to the use and disclosure of PHI to the
Secretary for purposes of determining Covered Entity’s compliance with the Privacy Rule, in accordance with 45
C.F.R. § 164.504(e)(2)(ii)(l).
2.7(a) after receiving a written request from Covered Entity, make available within ten business days to Covered
Entity information necessary for an accounting of disclosures of PHI about an Individual, in accordance with 45
C.F.R. § 164.528.
2.7(b) after receiving a written request from an Individual, promptly make available to the Individual information
necessary for an accounting of disclosures of PHI about the Individual, in accordance with 45 C.F.R. § 164.528.
2.8(a) provide access to Covered Entity, within ten business days after receiving a written request from Covered
Entity, to PHI in a Designated Record Set about an Individual, sufficient for compliance with 45 C.F.R. § 164.524.
2.8(b) provide prompt access to an Individual after receiving a written request from such Individual, to PHI in a
Designated Record Set about an Individual, sufficient for compliance with 45 C.F.R. § 164.524.
2.9(a) to the extent that the PHI in Business Associate’s possession constitutes a Designated Record Set, make
available, within ten business days after a written request by Covered Entity, PHI for amendment and incorporate
any amendments to the PHI as requested in accordan ce with 45 C.F.R. § 164.526.
2.9(b) to the extent that the PHI in Business Associate’s possession constitutes a Designated Record Set, promptly
make available, after a written request by an Individual, PHI for amendment and incorporate any amendments to
the PHI as requested in accordance with 45 C.F.R. § 164.526.
3. RESPONSIBILITIES OF COVERED ENTITY. Covered Entity:
3.1 shall identify the records it furnishes to Business Associate that it considers to be PHI for purposes of the
Agreement, and provide to Business Associate only the minimum PHI necessary to accomplish the Services.
3.2 in the event that the Covered Entity honors a request to restrict the use or disclosure of PHI pursuant to
45 C.F.R. § 164.522(a) or makes revisions to its notice of privacy practices of Covered Entity in accordance with 45
C.F.R. § 164.520 that increase the limitations on uses or disclosures of PHI or agrees to a request by an Individual
for confidential communications under 45 C.F.R. § 164.522(b), Covered Entity agrees no t to provide Business
Associate any PHI that is subject to any of those restrictions or limitations, unless Covered Entity notifies Business
Associate of the restriction or limitation and Business Associate agrees in writing to honor the restriction or
limitation.
3.3 shall be responsible for using administrative, physical and technical safeguards to maintain and ensure the
confidentiality, privacy and security of PHI transmitted to Business Associate pursuant to the Agreement, in
accordance with the requirements of HIPAA.
3.4 shall obtain any consent or authorization that may be required by applicable federal or state laws prior to
furnishing Business Associate the PHI for use and disclosure in accordance with this BAA.
3.5 if Covered Entity is an employer sponsored health plan, Covered Entity represents that to the extent
applicable, it has ensured and has received certification from the applicable Plan Sponsor that the Plan Sponsor
has taken the appropriate steps in accordance with 45 C.F.R. § 164.504(f) and 45 C.F.R. § 164.314(b) to enable
Page 272 of 1203
15
Business Associate on behalf of Covered Entity to disclose PHI to Plan Sponsor, including but not limited to
amending its plan documents to incorporate the requirements set forth in 45 C.F.R. § 164.504(f)(2) and 45 C.F.R. §
164.314(b). Covered Entity shall ensure that only employees authorized under 45 C.F.R. § 164.504(f) shall have
access to the PHI disclosed by Business Associate to Plan Sponsor.
4. PERMITTED USES AND DISCLOSURES OF PHI. Business Associate may:
4.1 use and disclose PHI as necessary to provide the Services to Covered Entity.
4.2 use and disclose PHI for the proper management and administration of Business Associate or to carry out
the legal responsibilities of Business Associate, provided that any disclosures are Required by Law or any third
party to which Business Associate discloses PHI provides written assurances that: (i) the information will be held
confidentially and used or further disclosed only for the purpose for which it was disclose d to the third party or as
Required by Law; and (ii) the third party promptly will notify Business Associate of any instances of which it
becomes aware in which the confidentiality of the information has been breached, in accordance with 45 C.F.R. §
164.504(e)(4).
4.3 De-identify any PHI received or created by Business Associate under this BAA in accordance with the
Privacy Rule.
4.4 provide Data Aggregation services relating to the Health Care Operations of the Covered Entity in
accordance with the Privacy Rule.
4.5 use PHI for Research projects conducted by Business Associate, its Affiliates or third parties, in a manner
permitted by the Privacy Rule, by obtaining documentation of individual authorizations, an Institutional Review
Board, or a privacy board waiver that meets the requirements of 45 C.F.R. § 164.512(i)(1), and providing Covered
Entity with copies of such authorizations or waivers upon request.
4.6 make PHI available for reviews preparatory to Research in accordance with the Privacy Rule at 45 C.F.R. §
164.512(i)(1)(ii).
4.7 use the PHI to create a Limited Data Set (“LDS”) and use or disclose the LDS for the health care operations
of the Covered Entity or for Research or Public Health purposes as provided in the Privacy Rule.
5. TERMINATION
5.1 Covered Entity may terminate this BAA and the Agreement if Business Associate materially breaches this
BAA, Covered Entity provides written notice of the breach to Business Associate, and Business Associate fails to
cure the breach within the reasonable time period set by Covered Entity.
5.2 Within thirty (30) days after the expiration or termination for any reason of the Agreement and/or this
BAA, Business Associate shall return or destroy all PHI, if feasible to do so, including all PHI in possessio n of
Business Associate’s subcontractors. In the event that return or destruction of the PHI is not feasible, Business
Associate may retain the PHI subject to this Section 5.2. Business Associate shall extend any and all protections,
limitations and restrictions contained in this BAA to Business Associate’s use and/or disclosure of any PHI retained
after the expiration or termination of the Agreement and/or this BAA, and shall limit any further uses and/or
disclosures solely to the purposes that make return or destruction of the PHI infeasible.
6. MISCELLANEOUS The terms of this BAA shall be construed to allow Covered Entity and Business Associate to
comply with HIPAA. Nothing in this Addendum shall confer upon any person other than the parties and t heir
respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. Sections 2, 3, 4 and 5.2
shall survive the expiration or termination of this BAA for any reason.
Page 273 of 1203
Page 274 of 1203
City of Boynton Beach
Employee Assistance Program Evaluation
Current Option 1 Option 2
Employee Assistance Program Counseling Services Associates Soul Ambition UnitedHealthcare/Optum
Proposed Effective Date
Effective Date N/A 11/18/2020 1/1/2021
Eligibility
Eligibility Criteria All Employees and their Family Members All Employees and their Family Members All Employees and their Family Members
Services Included in Pricing
Number of Sessions per Employee 5 Sessions per issue, per employee, per year 5 Sessions per issue, per employee, per year 5 Sessions per issue, per employee, per year
Number of Sessions per Dependent 1 Session, per dependent, per issue, per year 1 Session, per dependent, per issue, per year 5 Sessions per issue, per employee, per year
Unlimited Telephonic Support Included Included Included
Onsite/Virtual Training Hours As Needed As Needed 5 Hours Included
Wellness Seminars As Needed As Needed 5 Hours Included
Program Features Included in Pricing
Minimum Level of Education Master's Degree Master's Degree Master's Degree
Online Services Website Included Website Included Website and Mobile App Included
Management Referrals Included Included Included
Employee Communication Materials Included Included Included
Utilization Reporting Frequency As Needed As Needed As Needed
Assessment, Consultation, and Referral Areas Included
Emotional/Psychological Problems ✓✓✓
Family/Relationship Problems ✓✓✓
Alcohol/Drug Abuse Problems ✓✓✓
Legal/Financial Problems ✓✓✓
Underperforming Employee Problems ✓✓✓
Services not Included in Pricing
Addittional Training Hours None None $225 (CIR)/$175 per Hour + Travel
Proposed Rate Guarantee Expires 11/18/2020 Expires 9/30/2021 36 Months
Per Employee Per Month Rate 797 $1.083 $1.083 $1.25
Per Employee Per Year Rates $13.00 $13.00 $15.00
Monthly Premium $863 $863 $996
Annual Premium $10,361 $10,361 $11,955
$ Increase / (Decrease)N/A $0 $1,594
% Increase / (Decrease)N/A 0.0%15.4%
Page 275 of 1203
City of Boynton Beach
Employee Assistance Program Evaluation
Current
Employee Assistance Program Counseling Services Associates
Proposed Effective Date
Effective Date N/A
Eligibility
Eligibility Criteria All Employees and their Family Members
Services Included in Pricing
Number of Sessions per Employee 5 Sessions per issue, per employee, per year
Number of Sessions per Dependent 1 Session, per dependent, per issue, per year
Unlimited Telephonic Support Included
Onsite/Virtual Training Hours As Needed
Wellness Seminars As Needed
Program Features Included in Pricing
Minimum Level of Education Master's Degree
Online Services Website Included
Management Referrals Included
Employee Communication Materials Included
Utilization Reporting Frequency As Needed
Assessment, Consultation, and Referral Areas Included
Emotional/Psychological Problems ✓
Family/Relationship Problems ✓
Alcohol/Drug Abuse Problems ✓
Legal/Financial Problems ✓
Underperforming Employee Problems ✓
Services not Included in Pricing
Addittional Training Hours None
Proposed Rate Guarantee Expires 11/18/2020
Per Employee Per Month Rate 797 $1.083
Per Employee Per Year Rates $13.00
Monthly Premium $863
Annual Premium $10,361
$ Increase / (Decrease)N/A
% Increase / (Decrease)N/A
Option 3 Option 4
Health Advocate Life Expert Now
12/1/2020 1/1/2021
All Employees and their Family Members All Employees and their Family Members
5 Sessions per issue, per employee, per year 5 Sessions per issue, per employee, per year
($420 Case Authortization)
5 Sessions per issue, per employee, per year 5 Sessions per issue, per employee, per year
($420 Case Authortization)
Included Included
$250/hour + Travel 12 Annual Webinars Included
$250/hour + Travel 12 Annual Webinars Included
Master's Degree Master's Degree
Website and Mobile App Included Website and Mobile App Included
Included Included
Included Included
As Needed As Needed
✓✓
✓✓
✓✓
✓✓
✓✓
$250/Hour + Travel $450/Hour + Travel
36 Months 34 Months
$1.30 One Time Implementation Fee: $1,500 then $.09 PEPM
$15.60 $1.08
$1,036 $1,072
$12,433 $12,861
$2,072 $2,500
20.0%24.1%
Estimated First Year Costs Shown Above
Page 276 of 1203
City of Boynton Beach
Employee Assistance Program Evaluation
Current
Employee Assistance Program Counseling Services Associates
Proposed Effective Date
Effective Date N/A
Eligibility
Eligibility Criteria All Employees and their Family Members
Services Included in Pricing
Number of Sessions per Employee 5 Sessions per issue, per employee, per year
Number of Sessions per Dependent 1 Session, per dependent, per issue, per year
Unlimited Telephonic Support Included
Onsite/Virtual Training Hours As Needed
Wellness Seminars As Needed
Program Features Included in Pricing
Minimum Level of Education Master's Degree
Online Services Website Included
Management Referrals Included
Employee Communication Materials Included
Utilization Reporting Frequency As Needed
Assessment, Consultation, and Referral Areas Included
Emotional/Psychological Problems ✓
Family/Relationship Problems ✓
Alcohol/Drug Abuse Problems ✓
Legal/Financial Problems ✓
Underperforming Employee Problems ✓
Services not Included in Pricing
Addittional Training Hours None
Proposed Rate Guarantee Expires 11/18/2020
Per Employee Per Month Rate 797 $1.083
Per Employee Per Year Rates $13.00
Monthly Premium $863
Annual Premium $10,361
$ Increase / (Decrease)N/A
% Increase / (Decrease)N/A
Option 5 Option 6
Aetna New Directions
12/1/2020 12/1/2021
All Employees and their Family Members All Employees and their Family Members
6 Sessions per issue, per employee, per year 5 Sessions per issue, per employee, per year
6 Sessions per issue, per employee, per year 5 Sessions per issue, per employee, per year
Included Included
5 Hours Included 5 Hours Included
5 Hours Included 5 Hours Included
Master's Degree Master's Degree
Website and Mobile App Included Website and Mobile App Included
Included Included
Included Included
Quarterly Basis Quarterly Basis
✓✓
✓✓
✓✓
✓✓
✓✓
$150 - $200 per Hour $350 (CIR)/$400 per Hour
36 Months 24 Months
$1.52 $1.97
$18.24 $23.64
$1,211 $1,570
$14,537 $18,841
$4,176 $8,480
40.3%81.8%
Page 277 of 1203
6.C.
C ONS E NT A GE ND A
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Proposed Resolution No. R20-137 - Authorize the City Manager to
sign Omnia Maintenance Agreement with Thyssen-Krupp Elevator Corporation of Kennesaw, GA for
annual elevator inspections and service/repairs in various City facilities utilizing the National I ntergovernmental
Purchasing Alliance contract R150801 for an estimated monthly amount of $1,930.25. National
I ntergovernmental Purchasing Alliance procurement process satisfies the City's competitive bid requirements.
Explanation of Request: Thyssen-Krupp provides annual inspections and service/repairs for seven (7) two-
stop elevators. Pricing is based on the Omnia Maintenance Agreement Contract # R200502 that is effective
until September 30, 2023 with the option for two additional one year periods through September 30, 2025.
How will this affect city programs or services? The State of Florida requires that elevators be registered
annually with a Certificate of Operation and compliance requires that each elevator be under
maintenance/service contract and undergo annual testing. Failure to meet these requirements would result in
having to lock down each affected
elevator at the first floor stop; this would hinder accessibility to the upper floors.
Fiscal Impact: Budgeted Funding is budgeted in:
• Facilities Management Account #001-2511-519-49.17
• Library Account #001-2612-571-46.20 for the Schoolhouse Museum
• Utilities Account #401-2821-536-49.17 for the Utilities Admin
• Utilities Account #401-2811-536-49.17 for the W est Water Plant
Alternatives: None
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant? No
Grant Amount:
Contracts
Page 278 of 1203
Vendor Name: Thyssen-Krupp Elevator Corporation
Start Date: 1/1/2021
End Date: 9/30/2023
Contract Value:
Minority Owned Contractor?: No
Extension Available?: Yes
Extension Explanation:
Agreement Contract # R200502 that is effective until September 30, 2023 with the option for two additional
one year periods through September 30, 2025.
AT TAC H ME N TS:
Type Description
Resolution Resolution approving Elevator Maintenance
Agreement with Thyssen-Krupp
Addendum Agreement for Thyssenkrup Services 12-04-20
Addendum
OMNI A Partners
Executive_Summary_Thyssenkrupp Contract
R200502
Page 279 of 1203
S:\CA\RESO\Agreements\Omnia Maintenance Agreement with Thyssen-Krupp Elevator (2020) - Reso.docx
RESOLUTION NO. R20- 1
2
3
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4
FLORIDA, APPROVING AND AUTHORIZING THE CITY 5
MANAGER TO SIGN OMNIA MAINTENANCE AGREEMENT 6
WITH THYSSEN-KRUPP ELEVATOR CORPORATION FOR 7
ANNUAL ELEVATOR INSPECTIONS AND SERVICE/REPAIRS IN 8
VARIOUS CITY FACILITIES FOR AN ESTIMATED MONTHLY 9
AMOUNT OF $1,930.25, UTILIZING THE NATIONAL 10
INTERGOVERNMENTAL PURCHASING ALLIANCE 11
CONTRACT R150801; AND PROVIDING AN EFFECTIVE DATE. 12
13
14
WHEREAS, the State of Florida requires that elevators be registered annually with a 15
Certificate of Operation and compliance requires that each elevator be under 16
maintenance/service contract and undergo annual testing; and 17
WHEREAS, failure to meet these requirements would result in having to lock down 18
each affected elevator at the first floor stop which would hinder accessibility to the upper 19
floors; and 20
WHEREAS, Thyssen-Krupp provides annual inspections and service/repairs for 21
seven (7) two-stop elevators with Pricing which is based on the Omnia Maintenance 22
Agreement Contract # R150801 and is effective until September 30, 2023 with the option of 23
two additional one year periods through September 30, 2025; and 24
WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 25
recommendation of staff, deems it to be in the best interests of the City residents to approve 26
and authorize the City Manager to sign an Omnia Maintenance Agreement with Thyssen-27
Krupp Elevator Corporation of Kennesaw, GA for annual elevator inspections and 28
service/repairs in various City facilities utilizing the National Intergovernmental Purchasing 29
Alliance contract R150801 for an estimated monthly amount of $1,930.25. 30
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32
Page 280 of 1203
S:\CA\RESO\Agreements\Omnia Maintenance Agreement with Thyssen-Krupp Elevator (2020) - Reso.docx
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33
being true and correct and are hereby made a specific part of this Resolution upon adoption 34
hereof. 35
Section 2. The City Commission hereby approves and authorizes the City 36
Manager to sign an Omnia Maintenance Agreement with Thyssen-Krupp Elevator 37
Corporation of Kennesaw, GA for annual elevator inspections and service/repairs in various 38
City facilities utilizing the National Intergovernmental Purchasing Alliance contract R150801 39
for an estimated monthly amount of $1,930.25, a copy of which Agreement is attached hereto 40
as Exhibit “A.” 41
Section 3. This Resolution shall become effective immediately upon passage. 42
PASSED AND ADOPTED this _____ day of December, 2020. 43
CITY OF BOYNTON BEACH, FLORIDA 44
45
YES NO 46
Mayor – Steven B. Grant _____ _____ 47
48
Vice Mayor – Ty Penserga _____ _____ 49
50
Vice Mayor – Justin Katz _____ _____ 51
52
Commissioner – Woodrow L. Hay _____ _____ 53
54
Commissioner – Christina L. Romelus _____ _____ 55
56
ATTEST: VOTE ______ 57
58
_____________________________ 59
Crystal Gibson, MMC 60
City Clerk 61
62
63
(Corporate Seal) 64
Page 281 of 1203
Page 282 of 1203
Page 283 of 1203
Page 284 of 1203
Page 285 of 1203
Page 286 of 1203
Page 287 of 1203
Page 288 of 1203
Page 289 of 1203
Page 290 of 1203
Page 291 of 1203
Page 292 of 1203
Page 293 of 1203
Page 294 of 1203
Page 295 of 1203
Page 296 of 1203
Page 297 of 1203
Page 298 of 1203
Page 299 of 1203
Page 300 of 1203
Page 301 of 1203
Page 302 of 1203
Page 303 of 1203
Page 304 of 1203
Page 305 of 1203
Page 306 of 1203
Page 307 of 1203
Page 308 of 1203
Page 309 of 1203
Page 310 of 1203
Page 311 of 1203
Page 1 of 2
ELEVATOR INDUSTRY EQUIPMENT, REPAIR, RELATED PRODUCTS AND SERVICES
Executive Summary
Lead Agency: Region 4 ESC Solicitation: 20-05
RFP Issued: February 13, 2020 Pre-Proposal Date: March 3, 2020
Response Due Date: July 14, 2020 Proposals Received: #3
Awarded to: thyssenkrupp Elevator – R200502
The Board of Directors of Region 4 Education Service Center (ESC) issued RFP 20-05 on February 13, 2020, to
establish a national cooperative contract for Elevator Industry Equipment, Repair, Related Products and
Services.
The solicitation included cooperative purchasing language in Sections I. Scope of Work:
NATIONAL CONTRACT
Region 4 ESC, as the Principal Procurement Agency, defined in Appendix D, has partnered with OMNIA Partners
to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA
Partners) from this solicitation available to other public agencies nationally, including state and local
governmental entities, public and private primary, secondary and higher education entities, non-profit entities,
and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing
program. The Region 4 is acting as the contracting agency for any other Public Agency that elects to utilize the
resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their
registration with OMNIA Partners (a “Participating Public Agency”). Appendix D contains additional information
about OMNIA Partners and the cooperative purchasing agreement.
Notice of the solicitation was sent to potential offerors, as well as advertised in the following:
• Region 4 ESC website
• OMNIA Partners, Public Sector website
• USA Today, nationwide
• Arizona Business Gazette, AZ
• San Bernardino Sun, CA
• Honolulu Star-Advertiser, HI
• The Advocate – New Orleans, LA
• New Jersey Herald, NJ
• Times Union, NY
• Daily Journal of Commerce, OR
• The State, SC
• Houston Community Newspapers, Cy Creek
Mirror, TX
• Deseret News, UT
• Richmond Times, VA
• Seattle Daily Journal of Commerce, WA
• Helena Independent Record, MT
• The Herald-News, IL
Page 312 of 1203
Page 2 of 2
• Las Vegas Review-Journal, NV
On July 14, 2020 proposals were received from the following offerors:
• Schindler Elevator Corporation
• thyssenkrupp Elevator
• Prestige Elevator Services LLC
The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP,
the committee determined that two (2) companies (Schindler Elevator Corporation and thyssenkrupp Elevator)
both demonstrate the ability to provide the services outlined in the solicitation while offering competitive
pricing to members.
Region 4 ESC executed agreements with a contract effective date of October 1, 2020.
Contract includes:
• Includes services and repair of all types and all manufacturers of elevators
• Preventative maintenance, parts repair and replacement, quality assurance, service requests and value
add services according to the need
Term:
Initial three-year agreement from October 1, 2020 through September 30, 2023 with the option to
renew for two (2) additional one-year periods through September 30, 2025.
Pricing/Discount: Not-to-exceed pricing for maintenance and Billable Rates
OMNIA Partners, Public Sector Web Landing Pages: https://public.omniapartners.com/suppliers/thyssenkrupp-
elevator/contract-documentation#c35650
Page 313 of 1203
6.D.
C ONS E NT A GE ND A
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Proposed Resolution No. R20-138 - Approve award and authorize
the City Manager to sign contract 005-1410-21/RW with Central Square for a total amount of $50,040.00 in
accordance with Quote Number Q-07140 for Consulting & Project Management Services.
Explanation of Request:
Requesting City Commission approve award of contract 005-1410-21/RW with Central Square for a total
amount of $50,040.00 in accordance with Quote Number Q-07140 for Consulting & Project Management
Services to provide auditing, optimization and training services.
City Commission approved Resolution No. R20-071 on August 04, 2020 Authorizing the City Manager to
sign a new five year contract with Central Square Technologies, L L C. with a total cost of $1,169,498.04 to
continue the use of the Naviline enterprise resource planning software and maintaining Central Square
Technologies, LLC. as our applications services provider. Naviline is the City's existing enterprise resource
planning (E RP) software platform. I t consists of a suite of integrated applications and databases by which the
City collects, stores, manages, interprets, and shares data across a range of City departments. These
departments include Finance, Development, Utilities, Community Standards, and Human Resources, among
others. I t is the means by which the City conducts functions such as general ledger, utility billing, payroll,
code enforcement, permits, and customer service. I t provides the back-end for a majority of the City's online
application and payment services as well. The agreement includes the use of Central Square as an
applications services providers, meaning they are responsible for maintenance and provision of the hardware
and software, including 24x7 support, and backups.
Central Square Technologies is the current provider of the City’s E RP software for finance, HR/payroll,
utilities, citizen engagement, community development, property tax, municipal services and asset
management, thereby being the single source capable of providing the auditing, optimization & training
services requested.
How will this affect city programs or services?
Approving Award of contract 005-1410-21/RW with Central Square for a total amount of $50,040.00 in
accordance with Quote Number Q-07140 for Consulting & Project Management Services will enable the City
to pursue optimum utilization and maximum efficiency of the E RP software system.
Fiscal Impact: Budgeted
Contractual Services Account # 001-1211-512-49-17
Requires Budget Amendment fro FY 2020-21.
See Budget Resolution R20-X X X
See Exhibit A Budget for HTE Central Square and Consultants - $75,000.00
Alternatives: Not perform auditing, optimization & training services requested
Strategic Plan:
Strategic Plan Application:
Page 314 of 1203
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant? No
Grant Amount:
Contracts
Vendor Name: Central Square Technologies, LLC
Start Date: 1/1/2021
End Date: 6/1/2021
Contract Value: $50,040.00
Minority Owned Contractor?: No
Extension Available?: No
Extension Explanation:
AT TAC H ME N TS:
Type Description
Resolution Resolution approving Contract with Central Square
Addendum Sole-Single Source J ustification Form - Town Sq Consulitng Svs RW
Addendum Central Square Boynton Beach, FL - Business Process Review Quote Q-07140
Addendum Central Square Boynton Beach, FL - Business Process Review S A LE S ORD E R
Exhibit Exhibit A Budget for HTE Central Square and Consultants
Addendum Central_Square__Agreement_(Naviline)__-_Res 8-04-20
Addendum Central_Square_Technologies__Sole_Source_J ustification$1_169_498.04_RW _7-
16-20
Addendum CentralSquare_Solutions_Agreement_A S P_2020__7.2.20_Rev_for_countersign 7-
02-20
Page 315 of 1203
S:\CA\RESO\Agreements\Award of Contract with Central Square - Reso
RESOLUTION NO. R20- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3
APPROVING AWARD AND AUTHORIZING THE CITY 4
MANAGER TO SIGN CONTRACT 005-1410-21/RW WITH 5
CENTRAL SQUARE TECHNOLOGIES, LLC., FOR A TOTAL 6
AMOUNT OF $50,040.00 IN ACCORDANCE WITH QUOTE 7
NUMBER Q-07140 FOR CONSULTING & PROJECT 8
MANAGEMENT SERVICES; AND PROVIDING AN EFFECTIVE 9
DATE. 10
11
WHEREAS, on August 04, 2020 the City Commission approved Resolution No. 12
R20-071 authorizing the City Manager to sign a new five year contract with Central Square 13
Technologies, LLC. with a total cost of $1,169,498.04 to continue the use of the Naviline 14
enterprise resource planning software and maintaining Central Square Technologies, 15
LLC. as our applications services provider; and 16
WHEREAS, the agreement includes the use of Central Square as an applications 17
services providers, meaning they are responsible for maintenance and provision of the 18
hardware and software, including 24x7 support, and backups; and 19
WHEREAS, approving Award of contract 005-1410-21/RW with Central Square 20
will enable the City to pursue optimum utilization and maximum efficiency of the ERP 21
software system; and 22
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 23
of staff, deems it to be in the best interest of the citizens and residents to approve the award and 24
authorize the City Manager to sign contract 005-1410-21/RW with Central Square 25
Technologies, LLC., for a total amount of $50,040.00 in accordance with Quote Number 26
Q-07140 for Consulting & Project Management Services. 27
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 28
CITY OF BOYNTON BEACH, FLORIDA, THAT: 29
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 30
true and correct and are hereby made a specific part of this Resolution upon adoption. 31
Page 316 of 1203
S:\CA\RESO\Agreements\Award of Contract with Central Square - Reso
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves 32
the award and authorize the City Manager to sign contract 005-1410-21/RW with Central 33
Square Technologies, LLC., for a total amount of $50,040.00 in accordance with Quote 34
Number Q-07140 for Consulting & Project Management Services. A copy of the Contract 35
is attached hereto and incorporated herein as Exhibit “A”. 36
Section 3. That this Resolution shall become effective immediately. 37
PASSED AND ADOPTED this ____ day of December, 2020 38
CITY OF BOYNTON BEACH, FLORIDA 39
YES NO 40
41
Mayor – Steven B. Grant _____ _____ 42
43
Vice-Mayor – Ty Penserga _____ _____ 44
45
Commissioner – Justin Katz _____ _____ 46
47
Commissioner – Woodrow L. Hay _____ _____ 48
49
Commissioner – Christina L. Romelus _____ _____ 50
51
VOTE ______ 52
ATTEST: 53
54
_____________________________ 55
Crystal Gibson, MMC 56
City Clerk 57
58
(Corporate Seal) 59
Page 317 of 1203
Page 318 of 1203
Page 319 of 1203
MORE INFORMATION AT CENTRALSQUARE.COM
Quote prepared on:
November 20, 2020
Quote prepared by:
Keegan Wetzel
keegan.wetzel@centralsquare.com
Thank you for your interest in CentralSquare. CentralSquare provides software that powers over 8,000 communities. More
about our products can be found at www.centralsquare.com.
WHAT SERVICES ARE INCLUDED?
_____
DESCRIPTION TOTAL
Public Administration - Consulting (BPR-BP) 7,200.00
Public Administration - Consulting (BPR-CE) 5,760.00
Public Administration - Consulting (BPR-OL) 5,760.00
Public Administration - Consulting (BPR-PZ) 7,200.00
Public Administration - Consulting (BPR-LX) 4,320.00
Public Administration Project Management Services - As Incurred 8,280.00
Public Administration - Consulting (BPR-GMBA) 5,760.00
Public Administration - Consulting (BPR-Fleet) 5,760.00
Services Total 50,040.00 USD
QUOTE SUMMARY
_____
Services Subtotal 50,040.00 USD
Quote Total 50,040.00 USD
This Quote is not intended to constitute a binding agreement. The terms herein shall only be effective once incorporated into a
definitive written agreement with CentralSquare Technologies (including its subsidiaries) containing other customary
commercial terms and signed by authorized representatives of both parties.
Quote #: Q-07140
Quote expires on: December 18, 2020
Quote prepared for:
Corinne Elliott
City of Boynton Beach
100 East Boynton Beach
BOYNTON BEACH, FL 33435
Page 320 of 1203
MORE INFORMATION AT CENTRALSQUARE.COM
Quote prepared on:
November 20, 2020
Quote prepared by:
Keegan Wetzel
keegan.wetzel@centralsquare.com
BILLING INFORMATION
_____
Fees will be payable within 30 days of invoicing.
Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only.
The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a
Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather
than the Unit Price displayed above.
Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an
invoice.
For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and
regulations of the taxing authority(ies) governing the "Ship To" location provided by Customer on the Quote Form.
PURCHASE ORDER INFORMATION
_____
Is a Purchase Order (PO) required for the purchase or payment of the products on this Quote Form? (Customer to complete)
Yes [ ] No [ ]
Customer’s purchase order terms will be governed by the parties’ existing mutually executed agreement, or in the absence of
such, are void and will have no legal effect.
PO Number:
_______________________________________
Initials:
_____________________________________________
Page 321 of 1203
SALES ORDER
PURSUANT TO EXISTING AGREEMENT
Order Number: [____________]
This Sales Order is intended as a binding Agreement between the City of Boynton Beach, Florida and Superion, LLC, a
CentralSquare company, and shall be effective as of the date of the last signature herein.
Quote Number: Q-07140 is attached hereto as Exhibit “A”. The Quote contains a description of all products and
services sold pursuant to this Sales Order. The Quote is hereby incorporated by reference as a term of this S ales Order.
Payment Terms. Fees for Professional Services shall be due as incurred on a Time and Materials basis.
Payment due in full 30 days from date of invoice.
Master Agreement. This Sales Order shall be goverened by the terms and conditions of the existing Agreement
between the parties, more specifically described as: Sungard Public Sector Inc. Application Service Provider Agreement
dated Novembr 3, 2009 (the “Master Agreement”). NO OTHER TERMS OR CONDITIONS OF THE MASTER
AGREEMENT ARE NEGATED OR CHANGED AS A RESULT OF THIS DOCUMENT .
Purchase Order. Customer may provide CentralSquare with a valid purchase order, upon execution of this Sales Order.
Notwithstanding anything to the contrary herein, purchase orders are to be used solely for Customer’s accounting
purposes and any terms and conditions contained therein shall be deemed null and void with respect to the parties’
relationship and this Sales Order. Any such purchase order provided to CentralSquare shall in no way relieve Customer
of any obligation entered into pursuant to this Sales Order including, but not limited to, its obligation to pay
CentralSquare in a timely fashion.
Acceptance of Order Terms. By signing this Sales Order below, Customer represents and warrants that: (a) it has read
and understands the Master Agreement and Quote that are incorporated by reference into this Sales Order and agrees to
be bound by the terms thereof, and (b) it has full power and authority to accept this Sales Order.
CentralSquare Technologies, LLC (“CentralSquare”) City of Boynton Beach, FL
(“Customer”)
1000 Business Center Dr.
Lake Mary, FL 32746
By: By:
Print Name: Print Name:
Print Title: Print Title:
Date Signed: Date Signed:
Page 322 of 1203
Exhibit A
2020/21 2020/21
ADOPTED AMENDED
BUDGET Revenue Expenditures BUDGET
General Capital Improvement Fund
001‐0000‐389.91‐00 FUND BALANCE APPROPRIATED 1,365,468 90,000 1,455,468
Adopted Fund Total Revenues 99,218,382 90,000 99,308,382
001‐1211‐512.49‐17 OTHER CONTRACTUAL SERVICES 253,000 90,000 343,000
Adopted Fund Total Expenses 99,218,382 90,000 99,308,382
CITY OF BOYNTON BEACH
EXPENDITURE & REVENUE AMENDMENTS
BUDGET YEAR 2020‐21
CITY MANAGER
Budget Adjustment
Page 323 of 1203
S:\CA\RESO\Agreements\Central Square Agreement (Naviline) - Reso.Docx
RESOLUTION NO. R20- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, APPROVING AND AUTHORIZING THE CITY 4
MANAGER TO SIGN A NEW FIVE YEAR AGREEMENT WITH 5
CENTRALSQUARE TECHNOLOGIES, LLC., FOR A TOTAL 6
COST OF $1,169,498.04 TO CONTINUE THE USE OF THE 7
NAVILINE ENTERPRISE RESOURCE PLANNING SOFTWARE 8
AND MAINTAINING CENTRALSQUARE TECHNOLOGIES, 9
LLC. AS OUR APPLICATIONS SERVICES PROVIDER; AND 10
PROVIDING AN EFFECTIVE DATE. 11
12
WHEREAS, Naviline is the City's existing enterprise resource planning (ERP) 13
software platform which consists of a suite of integrated applications and databases by 14
which the City collects, stores, manages, interprets, and shares data across a range of City 15
departments; and 16
WHEREAS, this Agreement will allow for the continuation of the use of the 17
Naviline enterprise resource planning platform across the City organization and allow for 18
the continuation of ongoing efforts to use it in improving business processes within 19
departments which interact directly with it and the departments that use third-party software 20
products that can integrate with the ERP; and 21
WHEREAS, the previous five year agreement has expired and staff is requesting 22
to engage in a new five year agreement to continue using this system in City operations ; 23
and 24
WHEREAS, upon recommendation of staff, the City Commission does hereby 25
approve and authorize the City Manager to sign a new five year agreement with 26
CentralSquare Technologies, LLC. with a total cost of $1,169,498.04 to continue the use of 27
the Naviline enterprise resource planning software and maintaining CentralSquare 28
Technologies, LLC. as our applications services provider. 29
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32
being true and correct and are hereby made a specific part of this Resolution upon adoption 33
hereof. 34
Section 2. The City Commission hereby approves and authorizes the City 35
Manager to sign a new five year agreement with CentralSquare Technologies, LLC. with a 36
Page 324 of 1203
S:\CA\RESO\Agreements\Central Square Agreement (Naviline) - Reso.Docx
total cost of $1,169,498.04 to continue the use of the Naviline enterprise resource planning 37
software and maintaining CentralSquare Technologies, LLC. as our applications services 38
provider. A copy of which is attached hereto as Exhibit “A”. 39
Section 3. That this Resolution shall become effective immediately. 40
41
PASSED AND ADOPTED this _____ day of August, 2020 42
CITY OF BOYNTON BEACH, FLORIDA 43
YES NO 44
45
Mayor – Steven B. Grant _____ _____ 46
47
Vice-Mayor – Ty Penserga _____ _____ 48
49
Commissioner – Justin Katz _____ _____ 50
51
Commissioner – Woodrow L. Hay _____ _____ 52
53
Commissioner – Christina L. Romelus _____ _____ 54
55
VOTE ______ 56
57
ATTEST: 58
59
60
_____________________________ 61
Crystal Gibson, MMC 62
City Clerk 63
64
65
(Corporate Seal) 66
67
68
Page 325 of 1203
Page 326 of 1203
Page 327 of 1203
Page 328 of 1203
Page 329 of 1203
CentralSquare Solutions Agreement
This CentralSquare Solutions Agreement (the "Agreement"), effective as of the latest date shown on the signature
block below (the "Effective Date"), is entered into between CentralSquare Technologies, LLC, a Delaware
Limited Liability Company with its principal place of business in Lake Mary, FL ("CentralSquare") and the City of
Boynton Beach, FL ("Customer"), together with CentralSquare , the "Parties", and each, a "Party".
WHEREAS, CentralSquare licenses and gives access to certain software applications (“Solutions”) to its
customers and also provides maintenance, support, migration, installation and other professional services; and
WHEREAS, Customer desires to license and/or gain access to certain Solutions and receive professional services
described herein, and CentralSquare desires to grant and provide Customer license and access to such offerings
as well as to support them with professional services, subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by the signatures
of their duly authorized representative below, the Parties intending to be legally bound, agree to all of the following
provisions and exhibits of this Agreement:
CentralSquare Technologies, LLC City of Boynton Beach
1000 Business Center Dr.
Lake Mary, FL 32746
P. O. Box 310
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
By: By:
Print Name: Danilo Gargiulo Print Name:
Print Title: SVP Business Transformation & Strategy Print Title:
Date Signed: July 2, 2020 Date Signed:
1. Solution: Public Administration
2. Term.
2.1. Initial Term. The Initial Term of this Agreement commences April 1, 2020 and will continue in effect for
five (5) years from such date] unless terminated earlier pursuant to any of the Agreement’s express
provisions (the “Initial Term”).
2.2. Renewal Term. This Agreement will automatically r enew for additional successive one (1) year terms
unless earlier terminated pursuant to any of the Agreement’s provisions (a “Renewal Term” and,
collectively, with the Initial Term, the “Term”).
2.3. Non-Renewal. Either party may elect to end renewal of the contract by issuing a notice of non-renewal,
in writing, to the other party six (6) months prior to the expiration of the current contract term.
3. Fees. In consideration of the rights and services granted by CentralSquare to Customer under this Agreement,
Customer shall make payments to CentralSquare pursuant to the amounts and payment terms outlined in
Exhibit 1 (the “Project Cost Summary”).
4. Definitions. Capitalized terms not otherwise defined in this Agreement have the meanings set forth below:
4.1. "Action" means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of
violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil,
criminal, administrative, regulatory or other, whether at law, in equity, or otherwise.
4.2. "Affiliate" of a Person means any other Person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with, such Person.
4.3. "Authorized User" means Customer's employees, consultants, contractors, and agents who are
authorized by Customer to access and use the Solutions under the rights granted to Customer pursuant
to this Agreement, and for whom access to the Solutions has been purchased.
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 330 of 1203
2
4.4. “Baseline” means the version of a Solution updated to the particular time in question through
CentralSquare ’s warranty services and maintenance, but without any other modification whatsoever.
4.5. “Component System” means any one of the Solutions identified in Exhibit 1, including all copies of
Source Code, Object Code and all related specifications, Documentation, technical information, and all
corrections, modifications, additions, development work, improvements and enhancements to and all
Intellectual Property Rights for such Component System.
4.6. "Customer Data" means information, data, and content, in any form or medium , collected, downloaded,
or otherwise received, directly or indirectly from Customer, an Authorized User or end-users by or through
the Solutions, provided the data is not personally identifiable and not identifiable to Customer.
4.7. “Custom Modification” means a change that CentralSquare has made at Customer’s request to any
Component System in accordance with a CentralSquare -generated specification, but without any other
changes whatsoever by any Person.
4.8. "Customer Systems" means the Customer's information technology infrastructure, including computers,
software, hardware, databases, electronic systems (including database mana gement systems), and
networks, whether operated by Customer or through the use of third-party services.
4.9. “Defect” means a material deviation between the Baseline Solution and its Documentation, for which
Defect Customer has given CentralSquare enough information to enable CentralSquare to replicate the
deviation on a computer configuration that is both comparable to the Customer Systems and that is under
CentralSquare’s control. Further, with regard to each Custom Modification, Defect means a m aterial
deviation between the Custom Modification and the CentralSquare generated specification and
documentation for such Custom Modification, and for which Defect Customer has given CentralSquare
enough information to enable CentralSquare to replicate the deviation on a computer configuration that
is both comparable to the Customer Systems and that is under CentralSquare’s control.
4.10. "Documentation" means any manuals, instructions, or other documents or materials that CentralSquare
provides or makes available to Customer in any form or medium and which describe the functionality,
components, features, or requirements of the Solutions, including any aspect of the installation,
configuration, integration, operation, use, support, or maintenance thereof.
4.11. “Enhancements” means general release (as opposed to custom) changes to a Baseline Component
System or Custom Modification which increase the functionality of the Baseline Component System or
Custom Modification in question.
4.12. "Harmful Code" means any software, hardware, device or other technology, including any virus, worm,
malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized
access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede any (i) computer, software,
firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the
security, integrity, confidentiality, or use of any data Processed thereby; or (b) prevent Customer or an y
Authorized User from accessing or using the Solutions as intended by this Agreement.
4.13. "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied
for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade
secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights
or forms of protection, in any part of the world.
4.14. “Maintenance” means optimization, error correction, modifications, and updates to CentralSquare
Systems to correct any known Defects and improve performance. Maintenance will be provided for each
Component System, the hours and details of which are described in Exhibit 2 (“Support Standards”).
4.15. “New Releases” means new editions of a Baseline Component System or Custom Modification.
4.16. “Person” means an individual, corporation, partnership, joint venture, limited liability entity, governmental
authority, unincorporated organization, trust, association, or other entity.
4.17. "Personal Information" means any information that does or can identify a specific individual or by or
from which a specific individual may be identified, contacted, or located. Personal Information includes
all "nonpublic personal information" as defined under the Gramm-Leach-Bliley Act, "protected health
information" as defined under the Health and Insurance Portability and Accountability Act of 1 996,
"Personal Data" as defined in the EU General Data Protection Regulation (GDPR 2018), "Personal
Information" as defined under the Children's Online Privacy Protection Act of 1998, and all rules and
regulations issued under any of the foregoing.
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 331 of 1203
3
4.18. “Professional Services” means installation, implementation, development work, training or consulting
services including custom modification programming, support relating to custom modifications, on -site
support services, assistance with data transfers, system restarts and reinstallations provided by
CentralSquare.
4.19. “Representatives" means, with respect to a Party, that Party's employees, officers, directors, agents,
subcontractors, and legal advisors.
4.20. "CentralSquare Personnel" means all individuals involved in the performance of Support Services and
Professional Services as employees, agents, Subcontractors or independent contractors of
CentralSquare.
4.21. "Solutions" means the Component Systems, Documentation, Custom Modifications, development work,
CentralSquare Systems and any and all other information, data, documents, materials, works, and other
content, devices, methods, processes, hardware, software, technologies and inventions, including any
deliverables, technical or functional descriptions, requirements, plans, or reports, provided or used by
CentralSquare or any Subcontractor in connection with Professional Services or Support Services
rendered under this Agreement.
4.22. "CentralSquare Systems" means the information technology infrastructure used by or on behalf of
CentralSquare to deliver Solutions, including all computers, software, hardware, databases, electronic
systems (including database management systems), and networks, whether operated directly by
CentralSquare or through the use of third-party services.
4.23. “Support Services” means Maintenance, Enhancements, implementation of New Releases, and
general support efforts to respond to incidents reported by Customer in accordance with the detailed
Support Standards outlined in Exhibit 2.
4.24. "Third-Party Materials" means materials and information, in any form or medium, including any software,
documents, data, content, specifications, products, related services, equipment, or components of or
relating to the Solutions that are not proprietary to CentralSquare.
5. License, Access & Services and Audit.
5.1. License Grant. Subject to and conditioned on the payment of Fees and compliance with all other terms
and conditions of this Agreement, CentralSquare hereby grants to Customer a non-exclusive, non-
sublicenseable, and non-transferable license to the current version of the Solution(s) outlined in Exhibit
1 at the time of this Agreement’s execution.
5.2. Access and Scope of Use. Subject to and conditioned on Customer and their Authorized Users'
compliance with the terms and conditions of this Agreement, CentralSquare hereby grants Customer a
non-exclusive, non-transferable right to access and use the Solutions, solely by Authorized Users. Such
use is limited to Customer's internal use. CentralSquare shall deliver to Customer the initial copies of the
Solutions outlined in Exhibit 1 by (a) electronic delivery, by posting it on CentralSquare’s network for
downloading, or similar suitable electronic file transfer method, or (b ) physical shipment, such as on a
disc or other suitable media transfer method. Physical shipment is on FOB- CentralSquare’s shipping
point, and electronic delivery is deemed effective at the time CentralSquare provides Customer with
access to download the Solutions The date of such delivery shall be referred to as the “Delivery Date.”
5.3. Documentation License. CentralSquare hereby grants to Customer a non-exclusive, non-sublicenseable,
non-transferable license to use the Documentation during the Term solely for Customer's internal
business purposes in connection with its use of the Solutions.
5.4. Audit. Customer shall maintain for a reasonable period of time, but not less than three (3) years after
expiration or termination of this Agreement, the systems, books, and records necessary to accurately
reflect compliance with software licenses and the use thereof under this Agreement. Upon request,
Customer shall permit CentralSquare and its directors, officers , employees, and agents to have on-site
access at Customer’s premises (or remote access as the case may be) during normal business hours to
such systems, books, and records for the purpose of verifying such licensed use the performance of such
obligations and amounts. Customer shall render reasonable cooperation to CentralSquare as requested.
If as a result of any audit or inspection CentralSquare substantiates a deficiency or non -compliance,
Customer shall promptly reimburse CentralSquare for all its costs and expenses incurred to conduct such
audit or inspection and be required to pay for any delinquencies in compliance with software licenses.
5.5. Service and System Control. Except as otherwise expressly provided in this Agreement:
5.5.1. CentralSquare has and will retain sole control over the operation, provision, maintenance, and
management of the Solutions; and
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 332 of 1203
4
5.5.2. Customer has and will retain sole control over the operation, maintenance, and management of,
and all access to and use of, the Customer Systems, and sole responsibility for access to and
use of the Solutions by any Person by or through the Customer Systems or other means
controlled by Customer or any Authorized User, including any reports or results obtained from
any use of the Solutions, and conclusions, decisions, or actions based on such use.
5.6. Limitations. Customer must provide CentralSquare with such facilities, equipment and support as are
reasonably necessary for CentralSquare to perform its obligations under this Agreement, including, if
required by CentralSquare , remote access to the Customer Systems. CentralSquare is not responsible
or liable for any delay or failure of performance caused in whole or in part by any Customer delay or
Customer’s failure to perform any obligations under this Agreement.
5.7. Exceptions. CentralSquare has no obligation to provide Support Services relating to any Defect with the
Solutions that, in whole or in part, arise out of or result from any of the following:
5.7.1. software, or media on which provided, that is modified or damaged by Customer or third-party;
5.7.2. any operation or use of, or other activity relating to, the Solutions other than as specified in the
Documentation, including any incorporation, or combination, operation or use of the Solutions in
or with, any technology (software, hardware, firmware, system, or network) or service not
specified for Customer's use in the Documentation;
5.7.3. any negligence, abuse, misapplication, or misuse of the Solution other than by CentralSquare
personnel, including any Customer use of the Solution other than as specified in the
Documentation or expressly authorized in writing by CentralSquare ;
5.7.4. any Customer's failure to promptly install any New Releases that CentralSquare has previously
made available to Customer;
5.7.5. the operation of, or access to, Customer's or a third-party's system, materials or network;
5.7.6. any relocation of the Solution other than by CentralSquare personnel;
5.7.7. any beta software, software that CentralSquare makes available for testing or demonstration
purposes, temporary software modules, or software for which CentralSquare does not receive a
fee;
5.7.8. any breach of or noncompliance with any provision of this Agreement by Customer or any of its
Representatives or any Force Majeure Event (including abnormal physical or electrical stress).
5.8. Reservation of Rights. Except for the specified rights outlined in this Section, nothing in this Agreement
grants any right, title, or interest in or to any Intellectual Property Rights in or relating to the Support
Services, Professional Services, Solutions, or Third-Party Materials, whether expressly, by implication,
estoppel, or otherwise. All right, title, and interest in the Solutions, and the Third-Party Materials are and
will remain with CentralSquare and the respective rights holders.
5.9. Changes. CentralSquare reserves the right, in its sole discretion, to make any changes to the Support
Services and Solutions that it deems necessary or useful to: (a) maintain or enhance the quality or delivery
of CentralSquare 's services to its customers, the competitive strength of or market for CentralSquare 's
services, or the Support Services' cost efficiency or performance; or (b) to comply with applicable law.
Without limiting the foregoing, either Party may, at any time during the Term, request in writing changes
to particular Support Services, Professional Services or their product suite of Solutions. The parties shall
evaluate and, if agreed, implement all such requested changes. No requested changes will be effective
unless and until memorialized in either a CentralSquare issued Add-On Quote signed by the Customer,
or a written change order or amendment to this agreement signed by both parties.
5.10. Subcontractors. CentralSquare may from time to time in its discretion engage third parties to perform
Professional Services or Support Services (each, a "Subcontractor").
5.11. Security Measures. The Solution may contain technological measures designed to prevent unauthorized
or illegal use of the Solution. Customer acknowledges and agrees that: (a) CentralSquare may use these
and other lawful measures to verify compliance with the terms of this Agreement and enforce
CentralSquare ’s rights, including all Intellectual Property Rights, in and to the Solution; (b) CentralSquare
may deny any individual access to and/or use of the Solution if CentralSquare , in its reasonable
discretion, believes that person’s use of the Solution would violate any provision of this Agreement,
regardless of whether Customer designated that person as an Authorized User; and (c) CentralSquare
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 333 of 1203
5
may collect, maintain, process, use and disclose technical, diagnostic and related non-identifiable data
gathered periodically which may lead to improvements in the performance and security of the Solutions.
6. Use Restrictions. Customer shall not, and shall not permit any other Person to, access or use the Solutions
except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of
the foregoing, Customer shall not, except as this Agreement expressly permits:
6.1. copy, modify, or create derivative works or improvements of the Solutions, or rent, lease, lend, sell,
sublicense, assign, distribute, publish, transfer, or otherwise make available any Solutions to any Person,
including on or in connection with the internet or any time-sharing, service bureau, software as a service,
cloud, or other technology or service;
6.2. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access
to the source code of the Solutions, in whole or in part;
6.3. bypass or breach any security device or protection used by Solutions or access or use the Solutions other
than by an Authorized User through the use of his or her own then valid access;
6.4. input, upload, transmit, or otherwise provide to or through the CentralSquare Systems, any information
or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code;
6.5. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the
CentralSquare Systems, or CentralSquare 's provision of services to any third-party, in whole or in part;
6.6. remove, delete, alter, or obscure any trademarks, Specifications, Documentation , warranties, or
disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices
from any Documentation or Solutions, including any copy thereof;
6.7. access or use the Solutions in any manner or for any purpose that infringes, misappropriates, or otherwise
violates any Intellectual Property Right or other right of any third-party, or that violates any applicable law;
6.8. access or use the Solutions for purposes of competitive analysis of the Solutions, the development,
provision, or use of a competing software service or product or any other purpose that is to CentralSquare
's detriment or commercial disadvantage or otherwise access or use the Solutions beyond the scope of
the authorization granted under this Section.
7. Customer Obligations.
7.1. Customer Systems and Cooperation. Customer shall at all times during the Term: (a) set up, maintain,
and operate in good repair all Customer Systems on or through which the Solutions are accessed or
used; (b) provide CentralSquare Personnel with such access to Customer's premises and Customer
Systems as is necessary for CentralSquare to perform the Support Services in accordance with the
Support Standards and Specifications; and (c) provide all cooperation as CentralSquare may reasonably
request to enable CentralSquare to exercise its rights and perform its obligations under and in connection
with this Agreement.
7.2. Effect of Customer Failure or Delay. CentralSquare is not responsible or liable for any delay or failure of
performance caused in whole or in part by Customer's delay in performing, or failure to perform, any of
its obligations under this Agreement.
7.3. Corrective Action and Notice. If Customer becomes aware of any actual or threatened activity prohibited
by Section 6, Customer shall, and shall cause its Authorized Users to, immediately: (a) take all reasonable
and lawful measures within their respective control that are necessary to stop the activity or threatened
activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any
unauthorized access to the Solutions and permanently erasing from their systems and destroying any
data to which any of them gained unauthorized access); and (b) notify CentralSquare of any such actual
or threatened activity.
8. Professional Services.
8.1. Compliance with Customer Policies. While CentralSquare Personnel are performing services at
Customer's site, CentralSquare will ensure that such personnel comply with Customer’s reasonable
security procedures and site policies that are generally applicable to Customer ’s other suppliers providing
similar services and that have been provided to CentralSquare in writing or in advance. Customer shall
promptly reimburse CentralSquare for any out-of-pocket costs incurred in complying with such
procedures and policies.
8.2. Contributed Material. In the process of CentralSquare ’s performing Professional Services, Customer
may, from time to time, provide CentralSquare with designs, plans, or specifications, improvements,
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 334 of 1203
6
works or other material for inclusion in, or making modifications to, the Solutions, the Documentation or
any other deliverables (“Contributed Material”). Customer grants to CentralSquare a nonexclusive,
irrevocable, perpetual, transferable right, without the payment of any royalties or other compensation of
any kind and without the right of attribution, for CentralSquare , CentralSquare ’s Affiliates and
CentralSquare ’s licensees to make, use, sell and create derivative works of the Contributed Material.
9. Confidentiality. Confidential Information. Each Party possesses certain non-public proprietary information,
which has economic value and is protected with reasonable safeguards to maintain its secrecy ("Confidential
Information"). Confidential Information may include, but is not limited to any financial data, business and other
plans, specifications, equipment designs, electronic configurations, design information, product architecture
algorithms, quality assurance plans, inventions (whether or not th e subject of pending patent applications),
ideas, discoveries, formulae, models, requirements, standards, trade and manufacturing secrets, drawings,
samples, devices, demonstrations, technical information, as well as any and all intellectual and industrial
property rights contained therein or in relation thereto. CentralSquare shall own the copyrights, trade secrets,
patent rights and other proprietary rights in and may use without restriction knowledge, information, ideas,
methods, know-how, and copyrightable expression learned or acquired. Confidential Information will be
disclosed either: (i) in writing and conspicuously marked with a restrictive legend identifying it as being a Party's
Confidential Information; or (ii) orally or visually and identified at the time of disclosure as Confidential
Information and subsequently confirmed in writing by the dis closing Party within fifteen (15) days after such
disclosure specifically identifying that portion of information that is Confidential Information. Customer shall not
sell, transfer, publish, disclose or otherwise make available any portion of the Softwar e or its associated
documentation to others. Customer shall use its reasonable best efforts to cooperate with and assist
CentralSquare in identifying and preventing any unauthorized use, copying or disclosure of the Software or any
portion thereof or any of the algorithms or logic contained therein or any other deliverables.
9.1. Compelled Disclosures. If the either Party or any of its Representatives is compelled by applicable law to
disclose any Confidential Information then, to the extent permitted by law, that Party shall: (a) promptly,
and prior to such disclosure, notify the other Party in writing of such requirement so that they can seek a
protective order or other remedy or waive its rights under Section .3; and (b) provide reasonable
assistance to the Disclosing Party in opposing such disclosure or seeking a protective order or other
limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and
assistance required under this Section, the Receiving Party remains required by law to disclose any
Confidential Information, the Receiving Party shall disclose only that portion of the Confidential
Information that the Receiving Party is legally required to disclose.
9.2. Upon expiration or termination of this Agreement, or upon demand by CentralSquare, Customer shall (i)
return to CentralSquare all copies of CentralSquare's Confidential Information in Customer's possession
or under CentralSquare's control, or (ii) destroy all copies of CentralSquare's Confidential Information in
Customer’s possession and so certify such destruction to CentralSquare in writing. Notwithstanding the
foregoing, Customer may retain data or records in electronic form containing Confidential Information for
the purposes of backup, recovery, contingency planning, or business continuity planning, so long as such
data or records, to the extent not permanently deleted or overwritten in the ordinary course of business,
are not accessible in the ordinary course of business and are not accessed except as requi red by
Customer only for backup, recovery, contingency planning, or business continuity purposes.
10. Security.
10.1. CentralSquare will implement commercially reasonable administrative, technical and physical
safeguards designed to ensure the security and confidentiality of Customer Data, protect against any
anticipated threats or hazards to the security or integr ity of Customer Data, and protect against
unauthorized access or use of Customer Data. CentralSquare will review and test such safeguards on
no less than an annual basis.
10.2. Customer shall maintain, in connection with the operation or use of the Solutions, adequate technical and
procedural access controls and system security requirements and devices, necessary for data privacy,
confidentiality, integrity, authorization, authentication and non-repudiation and virus detection and
eradication.
10.3. To the extent that Authorized Users are permitted to have access to the Solutions, Customer shall
maintain agreements with such Authorized Users that adequately protect the confidentiality and
Intellectual Property Rights of CentralSquare in the Solutions and Documentation, and disclaim any
liability or responsibility of CentralSquare with respect to such Authorized Users.
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 335 of 1203
7
11. Personal Data. If CentralSquare processes or otherwise has access to any personal data or personal
information on Customer’s behalf when performing CentralSquare ’s obligations under this Agreement, then:
11.1. Customer shall be the data controller (where “data controller” means an entity which alone or jointly with
others determines purposes for which and the manner in which any personal data are, or are to be,
processed) and CentralSquare shall be a data processor (where “data processor” means an entity
which processes the data only on behalf of the data controller and not for any purposes of its own);
11.2. Customer shall ensure that it has obtained all necessary consents and it is entitled to transfer the relevant
personal data or personal information to CentralSquare so that CentralSquare may lawfully use, process
and transfer the personal data and personal information in accordance with this Agreement on
Customer’s behalf, which may include CentralSquare processing and transferring the relevant personal
data or personal information outside the country where Customer and the Authorized Users are located
in order for CentralSquare to provide the Solutions and perform its other obligations under this
Agreement; and
11.3. CentralSquare shall process personal data and information only in accordance with lawful and
reasonable instructions given by Customer and as set out in and in accordance with the terms of this
Agreement; and
11.4. each Party shall take appropriate technical and organizational measures against unauthorized or unlawful
processing of the personal data and personal information or its accidental loss, destruction or damage so
that, having regard to the state of technological development and the cost of implementing any measures,
the measures taken ensure a level of security appropriate to the harm that might result from such
unauthorized or unlawful processing or accidental loss, destruction or damage in relation to the personal
data and personal information and the nature of the personal data and personal information being
protected. If necessary, the parties will cooperate to document these measures taken.
12. Representations and Warranties.
12.1. LIMITED WARRANTY. CentralSquare warrants that it owns or otherwise has the rights in the Software
and has the right to license the Software as described in this Agreement. CentralSquare further warrants
and represents that the CentralSquare Software does not contain any “back door”, “time bomb”, “Trojan
horse”, “worm”, “drop dead device” or other program routine or hardware device inserted and intended
by CentralSquare to provide a means of unauthorized access to, or a means of disabling or erasing any
computer program or data, or otherwise disabling the CentralSquare Software. Nothing herein shall be
deemed to constitute a warranty against viruses. The provisions of section and its subsections below,
shall constitute the agreement of the Parties with respect to viruses. Customer’s sole remedy wi th respect
to the foregoing warranty shall be to receive an Update to the CentralSquare Software that does not
contain any of the above-described routines or devices.
12.2. DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH
ABOVE, CENTRALSQUARE MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR
IMPLIED, WITH REGARD TO THE SOLUTIONS, PROFESSIONAL SERVICES, SUPPORT
SERVICES, AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT
CENTRALSQUARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHER, INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING,
USAGE OR TRADE PRACTICE, AND SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT. FURTHER, CENTRALSQUARE EXPRESSLY DOES NOT WARRANT THAT A
SOLUTION, ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE USABLE BY
CUSTOMER IF THE SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE
OTHER THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, WILL OPERATE
WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE TO
THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD-PARTY
MATERIALS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY OF OR
CONCERNING ANY OF THEM IS ST RICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY
OWNER. THIS AGREEMENT DOES NOT AMEND, OR MODIFY CENTRALSQUARE’S WARRANTY
UNDER ANY AGREEMENT OR ANY CONDITIONS, LIMITATIONS, OR RESTRICTIONS THEREOF.
13. Notices. All notices and other communications required or permitted under this Agreement must be in writing
and will be deemed given when delivered personally, sent by United States registered or certified mail, return
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 336 of 1203
8
receipt requested; transmitted by facsimile or email confirmed by United States first class mail, or sent by
overnight courier. Notices must be sent to a Party at its address shown below, or to such other place as the
Party may subsequently designate for its receipt of notices in writing by the oth er Party.
If to
CentralSquare :
CentralSquare
1000 Business Center Dr.
Lake Mary, FL 32746
Phone: 407-304-3235 email: info@CentralSquare .com
Attention: Senior Counsel / Contracts Department
If to Customer: City of Boynton Beach
P. O Box 310
Boynton Beach, FL 33425
Phone: *_______________________ email: *________________________
Attention: *____________________________
14. Force Majeure. Neither Party shall be responsible for failure to fulfill its obligations hereunder or liable for
damages resulting from delay in performance as a result of war, fire, strike, riot or insurrection, natural disaster,
delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of
Equipment, software, or services from suppliers, default of a subcontractor or vendor to the Party if such default
arises out of causes beyond the reasonable control of such subcontractor or vendor, the acts or omissions of
the other Party, or its officers, directors, employees, agents, contractors, or elected officials, and/or other
occurrences beyond the Party’s reasonable control (“Excusable Delay” hereunder). In the event of such
Excusable Delay, performance shall be extended on a day for day basis or as otherwise reasonably necessary
to compensate for such delay.
15. Indemnification.
15.1. CentralSquare Indemnification. CentralSquare shall indemnify, defend, and hold harmless Customer
from any and all claims, lawsuits or liability, including attorneys' fees and costs, allegedly arising out of,
in connection with, or incident to any loss, damage or injury to persons or property or arising solely from
a wrongful or negligent act, error or omission of CentralSquare, its employees, agents, contractors, or
any subcontractor as a result of CentralSquare’s or any subcontractor’s performance pursuant to this
Agreement; however, CentralSquare shall not be required to indemnify Customer for any cl aims or
actions caused to the extent of the negligence or wrongful act of Customer, its employees, agents, or
contractors. Notwithstanding anything to the contrary in the foregoing, if a claim, lawsuit or liability results
from or is contributed to by the actions or omissions of Customer, or its employees, agents or contractors,
CentralSquare’s obligations under this provision shall be reduced to the extent of such actions or
omissions based upon the principle of comparative fault.
15.2. Customer Indemnification. Customer shall indemnify, defend, and hold harmless Centralsquare from
any and all claims, lawsuits or liability, including attorneys' fees and costs, allegedly arising out of, in
connection with, or incident to any loss, damage or injury to persons or property or arising solely from a
wrongful or negligent act, error or omission of Customer, its employees, agents, contractors, or any
subcontractor as a result of Customer’s or any subcontractor’s performance pursuant to this Agreement;
however, Customer shall not be required to indemnify CentralSquare for any claims or actions caused to
the extent of the negligence or wrongful act of CentralSquare, its employees, agents, or contractors.
Notwithstanding anything to the contrary in the foregoing, if a claim, lawsuit or liability re sults from or is
contributed to by the actions or omissions of CentralSquare, or its employees, agents or contractors,
Customer’s obligations under this provision shall be reduced to the extent of such actions or omissions
based upon the principle of comparative fault.
15.3. Sole Remedy. THIS SECTION SETS FORTH CUSTOMER'S SOLE REMEDIES AND
CENTRALSQUARE 'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR
ALLEGED CLAIMS THAT THE SERVICES AND SOLUTIONS OR ANY SUBJECT MATTER OF THIS
AGREEMENT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL
PROPERTY RIGHTS OF ANY THIRD-PARTY.
16. Termination. This Agreement may be terminated:
16.1. For cause by either Party, effective on written notice to the other Party, if the other Party materially
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 337 of 1203
9
breaches this Agreement and: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty
(30) days after the non-breaching Party provides the breaching Party with written notice of such breach.
16.2. For lack of payment by written notice to Customer, if Customer’s failure to pay amounts due under this
Agreement has continued more than ninety (90) days after delivery of written notice of non-payment.
17. Effect of Termination or Expiration. On the expiration or earlier termination of this Agreement:
17.1. Upon the expiration or earlier termination of this Agreement, each Party shall continue to hold such
Confidential Information in confidence pursuant to Section 9; and
17.2. Upon the expiration of this Agreement, each Party shall pay to the other all amounts accrued prior to and
through the date of termination of this Agreement.
18. Assignment. Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise
transferred by either Party without the prior written consent of the other Party, which consent will not be
unreasonably withheld; provided however, that in the event of a merger or acquisition of all or substantially all
of CentralSquare’s assets, CentralSquare may assign this Agreement to an entity ready, willing and able to
perform CentralSquare’s executory obligations hereunder, as evidenced by an express written assumption of
the obligations hereunder by the assignee.
19. Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Agreement, inc luding
the breach, termination, or validity thereof, shall be resolved by final and binding arbitration.
19.1. Exclusive Dispute Resolution Mechanism. The Parties agree to resolve any dispute, controversy, or claim
arising out of or relating to this Agreement (each, a "Dispute"), exclusively under the provisions of this
Section. Either Party may seek interim or provisional relief in any court of competent ju risdiction if
necessary, to protect the rights or property of that Party pending the appointment of the arbitrator or
pending the arbitrator’s determination of the merits of the dispute.
19.2. Good Faith Negotiations. The Parties agree to send written notice to the other Party of any Dispute
(“Dispute Notice”). After the other Party receives the Dispute Notice, the parties agree to undertake good
faith negotiation between themselves to resolve the Dispute.. Each Party shall be responsible for its
associated travel costs. The parties agree to attend no fewer than three negotiation sessions attended
Vice Presidents of each Party (or employees of equivalent or superior position).
19.3. Escalation to Mediation. If the Parties cannot resolve any Dispute during the good faith negotiations
either Party may initiate mediation under Section 19.4.
19.4. Mediation. Subject to Sections 19.2 and 19.3, the Parties may escalate a Dispute to a mutually agreed
to mediator. Parties agree to act in good faith in selecting a neutral mediat or and in scheduling the
mediation proceedings. The parties agree to use commercially reasonable efforts in participating in the
mediation. The parties agree the mediator’s fees and expenses, and the mediator’s costs incidental to
the mediation will be shared equally between the parties. The parties shall bear their own fees, expenses,
and costs.
19.5. Confidential Mediation. The Parties further agree all written or oral offers, promises, conduct, and
statements made in the course of the mediation are confidential, privileged, and inadmissible for any
purpose in any litigation, arbitration or other proceeding involving the Parties. However, evidence that is
otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result
of its use in the mediation.
19.6. Litigation or Arbitration as a Final Resort. If the Parties cannot resolve a Dispute through mediation, then
once an impasse is issued by the mediator either Party may commence binding arbitration in accordance
with the provisions of regarding choice of law and arbitration.
19.7. Arbitration. The Parties agree that any dispute, controversy, or claim arising out of or related to the
Employee’s employment with the Company or termination of employment, this Agreement, or any alleged
breach of this Agreement shall be governed by the Federal Arbitration Act (FAA) and submitted to and
decided by binding arbitration to be held in Florida. Parties agree to hold the deliberations in such
arbitration confidential.
19.8. Arbitration Procedure. The Parties agree arbitration must be commenced by delivering a notice of
arbitration to the other Party. The Notice must set out the nature of the claim(s), and the relief requested.
Within thirty (30) days of the receipt of the notice, the receiving Party shall deliver an answer, any
counterclaim(s), and relief requested. Arbitration shall be heard by a single arbitrator. Each Party shall
pay its own costs of arbitration. The Parties shall confer in good faith to attempt to agree upon a suitable
arbitrator, and if unable to do so, they will select an arbitrator from the American Arbitration Association’s
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 338 of 1203
10
employment arbitration panel for the area. The arbitrator shall decide the procedures in t he arbitration
after consultation with the Parties. The arbitrator will have the power to grant any provisional or final
remedy or relief it deems appropriate, including conservatory measures and an award of attorneys’ fees.
The decision of the arbitrator shall be final and binding upon the Parties hereto. The Parties agree that
judgment may be entered upon the award by any court having jurisdiction.
20. Waiver/Severability. The failure of any Party to enforce any of the provisions hereof will not be construed to
be a waiver of the right of such Party thereafter to enforce such provisions. If any provision of this Agreement
is found to be unenforceable, that provision will be enforced to the maximum extent possible, and the validity,
legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
21. LIABILITY. NOTWITHSTANDING ANY PROVISION WITHIN THIS AGREEMENT TO THE CONTRARY, AND
REGARDLESS OF THE NUMBER OF LOSSES, WHETHER IN CONTRACT, EQUITY, STATUTE, TORT,
NEGLIGENCE, OR OTHERWISE:
21.1. NEITHER PARTY SHALL HAVE LIABILITY TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR LOSSES OF PROFIT,
REVENUE, INCOME, BUSINESS, ANTICIPATED SAVINGS, DATA, REPUTATION, AND MORE
GENERALLY, ANY LOSSES OF AN ECONOMIC OR FINANCIAL NATURE, REGARDLESS OF
WHETHER SUCH LOSSES MAY BE DEEMED AS CONSEQUENTIAL OR ARISING DIRECTLY AND
NATURALLY FROM THE INCIDENT GIVING RISE TO THE CLAIM, AND REGARDLESS OF
WHETHER SUCH LOSSES ARE FORESEEABLE OR WHETHER EITHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES; AND
21.2. CENTRALSQUARE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT SHALL NOT EXCEED THE AMOUNT(S) ACTUALLY PAID BY CUSTOMER TO
CENTRALSQUARE HEREUNDER FOR THE LAST TWELVE MONTHS.
22. Third-Party Materials. CentralSquare may from time to time, in its discretion engage third parties to perform
services, provide software, or provide equipment. Customer acknowledges and agrees CentralSquare provides
front-line support services for third parties, but these third parties assume all responsibility and liability in
connection with the third-party software, equipment, or related services. CentralSquare is not authorized to
make any representations or warranties that are binding upon the third-party or to engage in any other acts that
are binding upon the third-party, excepting specifically that CentralSquare is authorized to represent third-party
fees in the Agreement and to accept payment of such amounts from Customer on behalf of the third-party for
as long as such third-party authorizes CentralSquare to do so. As a condition precedent to installing or
accessing any third-party Materials, Customer may be required to execute a click -through, shrink-wrap End
User License Agreement (EULA) or similar agreement provided by the Third-Party Materials provider. All third-
party materials are provided “as-is” and any representation or warranty concerning them is strictly between
Customer and the third-party.
23. Entire Agreement. This Agreement, and any Exhibits specifically incorporated therein by reference,
constitutes the entire agreement between the Parties with respect to the subject matter. These documents
supersede and merge all previous and contemporaneous proposals of sale, communications, representations,
understandings and agreements, whether oral or writt en, between the Parties with respect to the subject hereof.
This Agreement may not be modified except by a writing subscribed to by authorized representatives of both
Parties.
24. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties and their respective
successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any
other person any legal or equitable right, benefit, or remedy of any nature under or by reason of this Agreement.
25. Counterparts. This Agreement may be executed in several counterparts, each of which when so executed
shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. This
Amendment shall be considered properly executed by a Party if executed by that Party and transmitted by
facsimile or other electronic means including, without limitation, Docusign, Tagged Image Format Files (TIFF),
or Portable Document Format (PDF).
26. Material Adverse Change. If any Law, Regulatory Approval, applicable standard, process, OEM requirement
is changed or comes into force after the Effective Date, including but not limited to PCI standards (collectively,
a “Material Adverse Change”), which is not explicitly addressed within this Agreement an d results in significant
extra costs for either Party in relation to the performance of this Agreement, both Parties shall promptly meet,
discuss in good faith, and agree upon reducing the technical, operational, and/or commercial impact of such
Material Adverse Change.
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 339 of 1203
11
27. Cooperative Purchases. This Contract may be used by other government agencies. CentralSquare has
agreed to offer similar services to other agencies under the same terms and conditions as stated herein except
that the compensation may be negotiated between CentralSquare and other agencies based on the specific
revenue expectations, agency reimbursed costs, and other agency requirements. The Customer will in no way
whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of pu rchases
by such agencies.
28. Chapter 119, Florida Statutes. The City is public agency subject to Chapter 119, Florida
Statutes. CentralSquare shall comply with Florida’s Public Records Law. Specifically, CentralSquare 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 cos t
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, CentralSquare shall destroy all copies of
such confidential and exempt records remaining in its possession once CentralSquare transfers
the records in its possession to the CITY; and
D. Upon completion of the contract, CentralSquare shall transfer to the CITY, at no cost to the CITY,
all public records in CentralSquare’s possession All records stored electronically by
CentralSquare 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 CENTRALSQUARE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUES, TO CENTRALSQUARE’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
(CITY CLERK) P. O. Box 310
BOYNTON BEACH, FLORIDA, 33425.
561-742-6061.
CITYCLERK@BBFL.US
29. Scrutinized Companies. By execution of this Agreement, in accordance with the
requirements of F.S. 287-135 and F.S. 215.473, CentralSquare certifies that CentralSquare is
not participating in a boycott of Israel. CentralSquare further certifies that CentralSquare 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 CentralSquare 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 CentralSquare of the City's determination concerning the false certification.
CentralSquare 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,
CentralSquare 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
CentralSquare 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.
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 340 of 1203
12
30. Order of Precedence.
30.1. In the event of any conflict or inconsistency between this Agreement, the Exhibits, or any purchase order,
then the following priority shall prevail:
30.1.1. The main body of this Agreement and any associated amendments or change orders.
30.1.2. The attached Exhibits to this Agreement.
30.1.3. Purchase Orders placed with CentralSquare in accordance with this Agreement.
Customer’s purchase terms and conditions or CentralSquare’s sales terms and conditions are not applicable
and shall have no force and effect, whether referenced or not in any document in relation to this Agreement.
30.2. Incorporated Exhibits to this Agreement:
Exhibit 1 – Project Cost Summary
Exhibit 2 - Maintenance & Support Standards
Exhibit 3 – Travel Expense Guidelines
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 341 of 1203
Note: Pricing for Professional Services is a good faith estimate based on the information available to CentralSquare at the time of execution of this
Agreement. The total amount that Customer may pay for these services can vary based on the actual number of hours required to complete the services.
If required, additional services will be provided on a time and materials basis at hourly rates equal to CentralSquare ’s then-current list price rates for the
services at issue.
1
EXHIBIT 1
Project Cost Summary
PAYMENT TERMS:
RECURRING FEES
a. The Annual Access Fee is due the April 1, 2020 and monthly thereafter through the term of this Agreement.
ANCILLARY FEES
b. Reimbursement of travel and living expenses will be governed by Exhibit 3 (“Travel Expense Guidelines”)
attached hereto and will be invoiced monthly in arrears and due within thirty (30) days from date of invoice.
c. Customer is responsible for paying all taxes relating to this Agreement. Applicable tax amounts (if any) are
not included in the fees set forth in this Agreement. If Customer is exempt from the payment of any such
taxes, Customer must provide CentralSquare valid proof of exemption; otherwise, CentralSquare will invoice
Customer and Customer will pay to CentralSquare all such tax amounts.
d. If Customer fails to make any payment when due, then CentralSquare may charge interest on the
past due amount at the rate of 1.5% per month calculated daily and compounded monthly, or, if lower,
the highest rate permitted under applicable law; and If such failure continues for 90 days following
written notice thereof, CentralSquare may suspend performance or access until past due amounts
have been paid.
Term Monthly
Access Fees
Months 1 - 12 18,502.49$
Months 13 - 24 18,872.54$
Months 25 - 36 19,438.72$
Months 37 - 48 20,021.88$
Months 49 - 60 20,622.54$
Applications and/or Services Annual Access
Fee
Monthly Access
Fee
Renewal Services $ 222,029.89 $ 18,502.49
Existing Products
(Currently Licensed)
BP/Voice Response Interface (Teleworks), Cash Receipts Lockbox, Click2Gov3
- Business Licenses, Human Resources, Accounts Receivable, Cash Receipts,
Customer Information System, Fleet Management, GMBA, Occupational
Licenses, Purchasing/Inventory, Work Orders/Faciltiy Management, Asset
Management, Building Permits, Code Enforcement, DMS, DMS-Additional Units,
Land Management, One Point C2G Credit Card Payment Activation,
Procurement Card Tracking, Rec Trac I/F to GMBA, Additional Production PR
Library, Credit Card Interface, Delinquency Callout Listing Interface, RecTrac for
Cash Receipts, Retrofit Modification, Payroll/Personnel, Planning/Engineering,
NaviLine User Interface, Click2Gov3 Building Permits, Click2Gov3 Accounts
Receivable & Loans, Cash Receipts Lock Box Interface, Fusion API's, Fusion
Open Market, Fusion Proprietary
Included in
Annual Access
Fee
Included in
Monthly Access
Fee
Terminating Products
(Currently Licensed)
Click2Gov3 Customer Information Systems, CIS/Voice Response Interface N/A N/A
Terminating Product
Effective 12/30/20
Transaction Manager N/A N/A
Horizon Cloud Services Hardware and software will be hosted and managed by Superion. Site to Site
VPN, Setup, Implementation,
Disaster Recovery Plan for Superion applications
Included in
Annual Access
Fee
Included in
Monthly Access
Fee
NaviLine Test Environment 2 refreshes per year; $600 per additional refresh.Included in
Annual Access
Fee
Included in
Monthly Access
Fee
Total Proposed System:$ 222,029.89 $ 18,502.49
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 342 of 1203
1
EXHIBIT 2
Support Standards (CLOUD/ASP)
1. CentralSquare Cloud Security Program
1.1. Access & Continuity. Logical access restrictions
include VLAN data segregation, extensive deny-by-
default access control lists, and Multi-Factor
authentication required for System Administration.
Business continuity is prioritized via daily encrypted
backup stored offsite, virtual tape backup
technology to counter loss of physical media, and
full replication to disaster recovery site, with
redundancy an availability through multiple carriers.
1.2. Security & Monitoring. SSL and IPSEC VPN with
256 bit encryption, web application firewalls, multi-
layered infrastructure model with recorded internal
and external CCTV, card access control, best of
breed HVAC/fire suppression/physical security,
and backed by 24-7 x 365 monitoring by a staffed
operations facility for: Intrusion detection &
prevention, DDOS mitigation, and automated
network incident creation and escalation.
1.3. Testing, Audits & Compliance. third-party internal,
external, perimeter vulnerability and penetration
testing. Centrally managed patching, OS hardening
program, and endpoint protection on all servers.
Industry standard compliance includes annual
completion of: SSAE18/ISAE Data Center Audit,
SSAE18 Operations Audit, PCI-DSS Compliance
Audit, Vulnerability Testing & CVSS Audit, and
Control Self-Assessment Audit.
2. Service Level Commitments
2.1. Target. In each Service Period, the target for availability of the Solutions is 99.9% (“Availability Target”).
“Service Period” means 24 hours per day Monday through Sunday each calendar month that Customer
receives the Solutions, excluding Sundays between 12:00 AM and 12:00 PM Eastern Time for scheduled
maintenance. During this time, Customers may experience intermittent interruptions. CentralSquare will
make commercially reasonable efforts to minimize the frequency and duration of these interruptions and
CentralSquare will notify the Customer if the entire maintenance window will be required.
2.2. Support Terms. Beginning on the Execution Date and continuing for twelve (12) months thereafter (“Initial
Support Term”), CentralSquare shall provide the ongoing Support Services described herein for the
corresponding Fees outlined in Exhibit 1. Upon expiration of the Initial Support Term, ongoing Support
Services shall automatically renew, with customer paying for additional annual support periods, each a
(“Renewal Support Term”). This renewal will continue until termination of this Agreement provided that,
CentralSquare shall not give notice of termination if it would be effective prior to a period equal to two times
the Agreement’s Initial Term.
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 343 of 1203
2
2.3. Measurement. Service availability is measured as the total time that the Solutions are available during each
Service Period for access by Customer (“Service Availability”). Service Availability measurement shall be
applied to the production environment, and the points of measurement for all monitoring shall be the servers
and the Internet connections at CentralSquare ’s hosted environment. CentralSquare has technology
monitoring, measuring, and recording Service Availability. The Customer, at their discretion, may also employ
monitoring tools, not to override CentralSquare ’s measurements for the purposes of calculating Service
Availability. Additionally, the use must be:
2.3.1.1. mutually agreed upon by CentralSquare and the Customer.
2.3.1.2. paid, installed and maintained by the Customer.
2.3.1.3. non-invasive and may not reside on CentralSquare ’s systems.
2.4. Calculation. Service Availability for a given month shall be calculated using the following calculation:
2.4.1. The total number of minutes which the service was NOT available in a given month shall be subtracted
from the total number of minutes available in the given month. The resulting figure is divided by the
total number of minutes available in the given month.
2.4.2. Service Availability Targets are subject to change due to the variance of the number of days in a month.
2.4.3. The total number of minutes which the service was NOT available in a given month shall exclude
minutes associated with scheduled or emergency maintenance.
2.5. Remedy. If the Service Period target measurement is not met then the Customer shall be entitled to a credit
calculated as follows:
Service Availability in the relevant
Service Period
Percentage Reduction in Monthly Fee for
the Subsequent Service Period
Less than 99.9% but greater than or equal to 99.0% 5%
Less than 99.0% but greater than or equal to 95.0% 10%
Less than 95% 20%
2.6. If not directly reported by CentralSquare , Credit entitlement must be requested by the Customer within sixty
(60) days of the failed Target. Customer shall not be entitled to offset any monthly Solutions fee payments, nor
withhold fee payments, on account of a pending credit. Customer shall not be eligible for credits for any period
where Customer is more than thirty (30) days past due on their account. CentralSquare will provide reporting,
showing performance and service levels.
3. Server Performance & Capacity.
3.1. CentralSquare shall provide sufficient server capacity for the duration of this hosting Agreement to meet the
reasonable performance requirements for the number of concurrent system users provided for in this
Agreement. If the Customer requests, at some later date, to add additional Solutions, increase user licenses,
increase storage or processing requirements, and/or request additional environments, these requests will be
evaluated and if additional resources are required to support modifications, additional fees may a pply.
3.2. “In-network” is defined as any point between which the data packet enters the CentralSquare environment and
subsequently departs the CentralSquare environment. Any point of communications outside of the
CentralSquare protected network environment shall be deemed as “out-of-network.” CentralSquare is not
responsible for Internet connectivity and/or performance out-of-network.
4. System Maintenance.
4.1. Solutions maintenance and upgrades. CentralSquare will provide all hosted systems and network maintenance
as deemed appropriate and necessary by CentralSquare. Maintenance and upgrades will be scheduled in
advance with the Customer’s primary contact if they fall outside of the designated hours set aside for this
function of Sundays from 12:00AM to 12:00 PM.
4.2. Hardware maintenance and upgrades. Hardware maintenance and upgrades will be performed outside of the
Customer’s standard business hours of operation and the Customer will be notified prior to the upgrade.
4.3. Emergency maintenance. Emergency situations will be handled on a case-by-case basis in such a manner as
to cause the least possible disruption to overall system operations and availability withou t negatively affecting
system stability and integrity. CentralSquare will attempt to notify the Customer promptly, however if no contact
can be made, CentralSquare management may deem it necessary to move forward with the emergency
maintenance.
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 344 of 1203
3
5. Incident Response. Incidents are defined as interruptions to existing service and can range in priority from urgent
to low depending on the impact to the Customer. CentralSquare will make commercially reasonable efforts to
respond to Solutions incidents for live production systems using the following guidelines:
Priority
Level
Impact Description Performance Target Minimum
Performance
Goal %
1 Urgent An Incident that results in loss of Customer
connectivity to all of the Solutions or results
in loss, corruption or damage to
Customer’s Data.
CentralSquare will
respond within 1 hour
of the issue being
reported.
95%
2 Critical An Incident that has an adverse material
impact on the performance of the Solutions
or materially restricts Customer’s day-to-
day operations.
CentralSquare will
respond within 2 hours
of the issue being
reported.
95%
3 Non-Critical An Incident that does not result in a failure
of the Solutions but a fault exists that
restricts the Customer’s use of the
Solutions.
CentralSquare will
respond within 4 hours
of the issue being
reported.
95%
4 Minor An Incident that does not affect or which
has minimal adverse impact on the use of
the Solutions.
CentralSquare will
respond within 24
hours of the issue
being reported.
95%
5.1. Measurement. CentralSquare shall track and report on response and resolution time for application and hosting
support issues identified by the Customer.
6. Disaster Recovery. CentralSquare provides disaster recovery services for Solutions. The costs for these disaster
recovery services are included in the monthly fees. In the event that a disaster renders the Customer’s data center
is inaccessible or rendered non-functional, CentralSquare will provide the ability to connect to the appropriate data
center using software provided by CentralSquare . This will allow the Customer to connect to their systems from a
remote site to the previously identified critical functions, however functionality may be diminished due to lack of
access to hardware and/or software located in the Customer’s facilities.
7. Exceptions. CentralSquare shall not be responsible for failure to carry out its service and maintenance obligations
under this Agreement if the failure is caused by adverse impact due to:
7.1. defectiveness of the Customer’s environment, Customer’s systems, or due to Customer corrupt, incomplete, or
inaccurate data reported to the Solutions, or documented Defect.
7.2. denial of reasonable access to Customer’s system or premises preventing CentralSquare from addressing the
issue.
7.3. material changes made to the usage of the Solutions by Customer where CentralSquare has not agreed to
such changes in advance and in writing or the modification or alteration, in any way, by Customer or its
subcontractors, of communications links necessary to the proper performance of the Solutions.
7.4. a force majeure event, or the negligence, intentional acts, or omissions of Customer or its agents .
8. Incident Resolution. Actual response times and resolutions may vary due to issue complexity and priority. For
critical impact level and above, CentralSquare provides a continuous resolution effort until the issue is resolved.
9. Service Requests. Service requests are new requests that will take less than 8 hours to accomplish. For new
requests that require additional time, CentralSquare will prioritize these requests, and determine if extra time is
needed to order equipment or software.
10. Non-Production Environments. CentralSquare will make commercially reasonable efforts to provide non-
production environment(s) during Customer business hours. Non-production environments are not included under
the metrics or service credit schedules discussed in this Exhibit.
10.1. Maintenance. All forms of maintenance to be performed on non-production environments will follow the exact
structure and schedules outlined above in Section 3 for regular System Maintenance.
10.2. Incidents and service requests. Non-production environment incidents are considered priority 3 or 4, dictated
by circumstances and will be prioritized and scheduled similar to production service requests.
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 345 of 1203
4
11. Responsibility Summary Matrix.
Responsibility Summary Matrix
Description CentralSquare
Responsibility
Customer
Responsibility
ASP Server Hardware management X
ASP Server File system management X
ASP Server OS upgrades and maintenance X
ASP Database product upgrades and maintenance X
ASP third-party product upgrades and maintenance X
Application Update Installation
Request to install application updates X
Installation of application updates X
ASP Backup Management X
Data and or File restoration
Request to restore data and or files X
Restoration of data and or files X
Network
ASP Network up to and including the router at CentralSquare ’s
location
X
ASP Router at Customer’s location X
Customer’s network up to the router at Customer’s location X
Customer Workstations X
System Performance X X
Add/Change users
User add/change requests X
User add/change implementation for System Access X
User add/change implementation for Solutions X
Add/Change Printers
Printer add/change requests X
Printer add/change implementation on ASP network X
Printer add/change implementation for Solutions X
Disaster Recovery X
Password Management X X
Application Management
Application Configuration X
Application Security Management X
Accuracy and Control of Data X
Security
Intrusion and Penetration Testing X
12. Virtual Private Network (VPN) Concentrator. If Customer’s desired system configuration requires the use of a
VPN concentrator, including router, this will be provided by CentralSquare . It will reside at Customer’s location but
is, and shall remain the property of CentralSquare .
13. Customer Cooperation. Customer may be asked to perform problem determination activities as suggested by
CentralSquare . Problem determination activities may include capturing error messages, documenting steps taken
and collecting configuration information. Customer may also be requested to perform resolution activities including,
for example, modification of processes. Customer agrees to cooperate with such requests, if reasonable.
14. Training. Outside the scope of training services purchased, if any, Customer is responsible for the training and
organization of its staff in the operation of the Solutions .
15. Development Work. The Support Standards do not include development work either (i) on software not licensed
from CentralSquare or (ii) development work for enhancements or features that are outside the documented
functionality of the Solutions, except such work as may be specifically purchased and outlined in Exhibit 1.
CentralSquare retains all Intellectual Property Rights in development work performed and Customer may request
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 346 of 1203
5
consulting and development work from CentralSquare as a separate billable service.
16. Telephone Support & Support Portal
16.1. Hours. CentralSquare shall provide to Customer, Monday through Friday, 8:00 A.M. to 5:00 P.M. Customer’s
Local Time within the continental United States, excluding holidays (“5x9”). CentralSquare shall provide to
Customer, during the Support Hours, commercially reasonable efforts in solving errors reported by the Customer
as well as making available an online support portal. Customer shall provide to CentralSquare reasonably
detailed documentation and explanation, together with underlying data, to substantiate errors and to assist
CentralSquare in its efforts to diagnose, reproduce and correct the error. This support shall be provided by
CentralSquare at Customer location(s) if and when CentralSquare and Customer agree that on-site services
are necessary to diagnose or resolve the problem. If a reported error did not, in fact, exist or was not attributable
to a defect in the Solutions or an act or omission of CentralSquare , then Customer shall pay for CentralSquare
's investigation and related services at CentralSquare ’s standard professional services rates. Customer must
provide CentralSquare with such facilities, equipment and support as are reasonably necessary for
CentralSquare to perform its obligations under this Agreement, including remote access to the Specified
Configuration
16.2. Releases. Customer shall promptly install and/or use any Release provided by CentralSquare to avoid or
mitigate a performance problem or infringement claim. All modifications, revisions and updates to the Solutions
shall be furnished by means of new Releases of the Solutions and shall be accompanied by updates to the
Documentation whenever CentralSquare determines, in its sole discretion, that such updates are necessary.
16.3. Case Number. Measured from the moment a Case number is created. As used herein a “Case number” is
created when a) a CentralSquare support representative has been directly contacted by Customer either by
phone, in person, or through CentralSquare ’s online support portal, and b) when CentralSquare ’s support
representative assigns a case number and conveys that case number to the Customer.
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 347 of 1203
1
EXHIBIT 3
Travel Expense Guidelines
CentralSquare will adhere to the following guidelines when incurring travel expenses:
All arrangements for travel are to be made through the CentralSquare Corporate Travel Agent unless
other arrangements have been made with the Customer and are documented in writing.
AIR TRAVEL – CentralSquare will use the least expensive class of service available with a minimum of seven
(7) day, maximum of thirty (30) day, advance purchase. Upon request, CentralSquare shall provide the travel
itinerary as the receipt for reimburs ement of the airfare and any fees. Fees not listed on the itinerary will require
a receipt for reimbursement.
Trips fewer than 250 miles round are considered local. Unless a flight has been otherwise approved by the
Customer, Customer will reimburse the current IRS approved mileage rate for all local trips.
LODGING –CentralSquare will use the most reasonable accommodations possible, dependent on the city. All
movies, and phone/internet charges are not reimbursable.
RENTAL CAR – Compact or Intermediate cars will be required unless there are three or more CentralSquare
employees sharing the car in which case the use of a full size car is authorized. Gas is reimbursable however,
pre-paid gas purchases will not be authorized and all rental cars are to be returned with a full tank of gas. Upon
request, receipts for car rental and gas purchases will be submitted to Customer. CentralSquare shall decline all
rental car insurance offered by the car rental agency as staff members will be covered under the CentralSquare
auto insurance policy. Fines for traffic violations are not reimbursable expenses.
OTHER TRANSPORTATION – CentralSquare staff members are expected to use the most economical means
for traveling to and from the airport (Airport bus, hotel shuttle service). Airport taxi or mileage for the employee’s
personal vehicle (per IRS mileage guidelines) are reimbursable if necessary. Upon request, receipt(s) for the taxi
will be submitted to Customer. Proof of mileage may be required and may be documented by a readily available
electronic mapping service. The mileage rate will be the then-current IRS mileage guideline rate (subject to change
with any change in IRS guidelines).
OTHER BUSINESS EXPENSES – Parking at the airport is reimbursable. Tolls to and from the airport and while
traveling at the Customer site are reimbursable. Tipping on cab fare exceeding 15% is not reimbursable. Porter
tips are reimbursable, not exceeding $1.00 per bag. Laundry is reimbursable when travel includes a weekend day
or Company Holiday and the hotel stay is four nights or more. Laundry charges must be incurred during the trip
and the limit is one shirt and one pair of pants/skirt per day. With th e exception of tips, receipts shall be provided
to Customer upon request for all of the aforementioned items.
MEALS – Standard per Diem. Subject to change due to cost of living.
DocuSign Envelope ID: 33DB9175-1174-473A-BBF7-4AED9D86DE1E
Page 348 of 1203
6.E.
C ONS E NT A GE ND A
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Accept the Fiscal Year 2019-2020 Budget Status Report of the
General Fund and the Utilities Fund for the twelve (12) month period ended September 30, 2020, unaudited.
Explanation of Request:
This report summarizes the adopted funding sources and expenditure budgets for the City’s General Fund
and Utility Fund for the twelve (12) month period ended September 30, 2020 (100% of the fiscal year,
unaudited). The analysis compares:
Actual results for the current period to the annual budget
Actual results for the same period of the prior year annual budget
How will this affect city programs or services? The annual budget is what provides and controls the
resources for City programs and services.
Fiscal Impact:
The annual budget and results to date for the General Fund and Utility Fund.
G E N E R AL F U N D
FY 2019-20 F Y 2018-19 F Y 2020 vs. 2019
Annual
Budget
Actual to Date Annual
Budget
Actual to Date Budget Actual
Amount %Amount % % %
Revenues
&Transfers $ 96,437 $ 96,985 101%$ 91,124 $ 91,288 100% 5.8% 6.2%
Expenditures $(96,437)$(91,393) 95%$(91,124)$(89,747) 98% 5.8% 1.8%
Excess (Deficit)$ -$ 5,592 $$ 1,541
The General Fund chart above reflec ts revenue in excess of expenditures (dollars in thousand) yielding a
$5.5M surplus for the unaudited period ending September 30, 2020.
Revenues & Transfers (E xhibit A) – Budgeted Funding Sources: Property taxes and other revenues
provide funding sources of $79.8M or 83% of our total $96.4M General Fund budget estimate for FY 2019-
20. Transfers from other funds (non-revenues) provide $16.6M or 17% of the total funding sources.
These three major estimated funding sources are summarized as follows:
1. 40% - $ 38.8M – Property taxes less Tax I ncrement Financing to the C RA
2. 43% - $ 41.0M – All other revenues plus General Fund Balance
3. 17% - $ 16.6M – Transfers from other funds
100% - $ 96.4M – Total funding sources
The property tax rate for F Y 2019-20 is 7.9000 mills same as the prior y ear and yielding net property taxes of
Page 349 of 1203
$38.8M, which is a 6.82% increase ($2.2M) from FY 2018-19.
Actual Funding Sources Realized: At the end of the twelfth month in F Y 2019-20, revenues and transfers
realized are approximately $96.9M or 101% of the budget estimate compared to $91.2M or 100% realized to
date in FY 2018-19. The c hart below presents the various categories of revenues received to date in the
General Fund.
Ad Valorem Taxes, net of discounts and T IF taxes to the C R A, received to date was $38.5M or 99% of
$38.8M as compared to $36.2M or 100% of $36.3M for F Y 2018-19, as noted on Exhibit A.
Expenditures (Exhibit B)
Budgeted Expenditures: General Fund appropriations inc reased approximately 5.81% from $91.1M to
$96.4M. The budget increase was due to the cost of doing business, Town Square project – office rental, and
providing funding related to wage increases.
Actual Expenditures – General Fund expenditures are $91.3M, for the twelfth month period ending
September 30, whic h is 95% of the $96.4M adopted for FY 2019-20. Note: the C RA Tax I ncrement
Financing and the C ity’s annual pension obligations for General Employ ees, Fire, and P olice were paid
early in the fiscal year and the subsequent Town Square office relocation (Chart below shows expenditures by
function).
Page 350 of 1203
The table at the top of Exhibit B shows year-to-date F Y2019-20 spending levels, $91.3M or 95% of the
spending appropriation of $96.4M. This level of spending thru September is $1.6M ahead of the $89.7M or
100% expended in F Y 2018-19 for the same period. The c hart below shows the monthly flow of sources and
uses.
U T IL IT Y FU N D
The FY 2019-20 annual expenditure budget of $50.9M represents a $2.2M increase from the FY 2018-19
budget of $48.7M, see Exhibit C.
Page 351 of 1203
FY 2019-20 FY 2018-19 FY 2019 vs. 2018
Annual
Budget
Actual to Date Annual
Budget
Actual to Date Budget Actual
Amount %Amount %%%
Revenues
&Transfers $ 50,939 $ 49,841 98%$ 48,708 $ 49,515 102%4.6%0.7%
Expenditures $ (50,939)$ (47,725)94%$ (48,708)$ (46,273) 95%4.6%3.1%
Excess (Deficit)$ -$ 2,116 $-$ 3,242
For the twelfth month period in FY 2019-20,
Utility Revenues realized are $49.8M (98%), see chart below.
Utility Expenditures incurred are $47.7M (94%) of the appropriated budget.
This resulted in revenues in excess expenditures which yielded a surplus of approximately $2.1M.
Expenditures (Exhibit D) – Utility Fund FY 2019-20 expenditures to date (September 30, 2020) are $47.7M
or 94% of the annual appropriation c ompared to expenditures of $46.2M or 95% for the prior fiscal year,
excluding depreciation. The comparison of consistent FY 2020 monthly revenues and expenditures thru
September is presented in the chart below.
Page 352 of 1203
Disclosure: financ ial data represented is thru period 12 of each fiscal year prior to year-end audit – a
process that occurs three to five months later.
Alternatives:
Discuss this Budget Status Report or request clarification at the City Commission meeting.
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Addendum General Fund Exhibit A (Revenues) & B
(Expenditures)
Addendum Utility Fund Exhibit C (Revenues) & D
(Expenditures)
Page 353 of 1203
S:\Finance\Financial Reports\Monthly Financial Reports\FY2019-2020\FY1920 Budget Review - GF - thru Sept 20 Summarized001 Revenue Summary Revised 12/2/2020
EXHIBIT A
%%
REALIZED REALIZED
AD VALOREM TAXES, net 47,501,603$ 47,191,100$ 99%44,146,986$ 44,091,068 100%
LESS TIF TAXES TO CRA (8,693,724) (8,693,724) 100%(7,816,311)(7,817,513) 100%
NET TAXES TO THE CITY 38,807,879 38,497,376 99%36,330,675 36,273,555 100%
LICENSES AND PERMITS
BUSINESS TAXES 1,701,000 1,863,220 110%1,750,000 1,794,321 103%
BUILDING PERMITS 3,017,500 3,218,776 107%2,965,000 4,213,920 142%
FRANCHISE FEES 4,720,000 4,500,619 95%4,915,000 4,581,640 93%
OTHR LICENSES, FEES & PER 180,000 177,303 99%222,000 216,704 98%
INTERGOVERNMENTAL REVENUES
OTHER FEDERAL REVENUE 75,000 41,169 55%75,000 73,195 98%
STATE SHARED REVENUES 9,365,000 8,716,018 93%8,852,000 9,079,698 103%
SHRD REV FROM OTHR LCL 295,600 291,779 99%335,000 264,302 79%
CHARGES FOR SERVICES
PYMTS IN LIEU OF TAXES 144,782 166,915 115%124,663 151,981 122%
CHRGS-GENERAL GOVT 493,500 448,021 91%508,688 484,616 95%
PUBLIC SAFETY 7,120,560 7,057,903 99%6,981,200 6,873,480 98%
PHYSICAL ENVIRONMENT 14,000 6,200 44%20,000 16,681 83%
CULTURE/RECREATION 404,500 392,397 97%411,500 389,392 95%
INTEREST & MISC REVENUE
LIBRARY FINES 25,000 5,471 22%30,000 11,628 39%
VIOLATIONS LOCAL ORD.395,000 458,714 116%393,000 482,828 123%
INTEREST EARNINGS 163,000 308,973 190%65,000 323,014 497%
RENTS AND ROYALTIES 370,800 258,344 70%363,800 477,669 131%
SPECIAL ASSESSMENTS 6,689,000 6,925,860 104%6,589,000 6,773,586 103%
SALE OF SURPLUS MATERIAL 3,000 2,183 73%1,500 9,183 612%
OTHER MISC. REVENUE 4,445,000 5,640,332 127%4,264,000 2,869,876 67%
INTERNAL FUND TRANSFERS
TRANSFERS 16,642,000 16,642,000 100%15,927,000 15,927,000 100%
FUND BALANCE APPROPRIATED 1,365,468 1,365,468 0%- -
Total Revenues 96,437,589$ 96,985,041$ 101%91,124,026$ 91,288,269 100%
CITY OF BOYNTON BEACH, FLORIDA
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended Sept 30, 2020 (100% of Fiscal Year - Unaudited)
GENERAL FUND ANALYSIS
REVENUE
REALIZED
REVENUE
REALIZED
REVENUES
ACCOUNTS
FY 2018-19 TO DATEFY 2019-20 TO DATEFY 2019-20
BUDGET
APPROVED
FY 2018-19
BUDGET
APPROVED
$3,952 $16,221 $47,248 $52,414 $59,116 $65,077 $70,515 $74,954 $79,023 $87,035 $91,374 $91,880 $5,407 $4,786 $51,163 $57,918 $63,375 $68,810 $73,588 $81,075 $84,695 $89,395 $93,829 $96,985 $96,438
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
$110,000
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Cumulative 2018-19 Actual Cumulative 2019-20 Actual 2019-20 Budget
Two Year Cumulative Revenue Comparison and
CFY Budget -($ in thousands)
Page 354 of 1203
S:\Finance\Financial Reports\Monthly Financial Reports\FY2019-2020\FY1920 Budget Review - GF - thru Sept 20 Summarized001 Expenditure Summary Revised 12/2/2020
EXHIBIT B
%%EXPENDED EXPENDED
GENERAL GOVERNMENT
CITY COMMISSION 290,194$ 269,297$ 93%276,642$ 274,127$ 99%
CITY MANAGER 814,945 731,245 90%774,532 770,622 99%
CITY HALL/GEN. ADMIN.3,529,829 2,948,036 84%3,202,151 2,903,213 91%
MARKETING/COMMUNICATIONS 457,071 353,334 77%464,668 390,396 84%
SPECIAL EVENTS 390,371 113,617 29%251,889 164,717 0%
TOWN SQUARE 5,720,370 6,441,143 113%4,305,954 4,279,385 99%
CITY CLERK 691,961 584,473 84%763,171 706,832 93%
CITY ATTORNEY 608,594 606,907 100%568,011 512,931 90%
FINANCIAL SERVICES 1,452,144 1,321,300 91%1,348,593 1,333,632 99%
ITS 2,670,829 2,383,509 89%2,439,074 2,341,893 96%
HUMAN RESOURCES 940,651 799,962 85%822,093 819,410 100%
PUBLIC SAFETY
UNIFORM SERVICES 16,656,733 15,978,960 96%17,672,892 17,676,817 100%
OFFICE OF THE CHIEF 4,815,929 4,268,963 89%3,236,139 3,030,505 94%
SUPPORT SERVICES 12,034,411 11,240,442 93%10,646,354 10,656,823 100%
FIRE 24,696,306 24,376,946 99%25,455,434 25,624,369 101%
COMMUNITY STANDARDS 2,246,232 1,964,303 87%2,219,335 2,034,244 92%
EMERGENCY MANAGEMENT 30,275 10,271 34%28,775 14,448 50%
BUILDING & DEVELOPMENT
DEVELOPMENT 1,266,372 1,181,235 93%1,233,188 1,241,077 101%
BUILDING 1,541,906 1,779,403 115%1,585,060 1,587,033 100%
ENGINEERING 777,121 621,956 80%659,397 598,774 91%
PLANNING & ZONING 810,117 744,713 92%713,629 685,689 96%
ECONOMIC DEVELOPMENT 491,953 446,246 91%463,475 429,176 93%
PUBLIC WORKS
PUBLIC WORKS 154,078 148,425 96%157,875 172,618 109%
FACILITIES MANAGEMENT 2,200,133 2,007,798 91%1,848,998 1,797,675 97%
STREETS MAINTENANCE 1,260,984 1,158,118 92%1,200,324 1,166,423 97%
LEISURE SERVICES
LIBRARY 2,602,532 2,249,345 86%2,336,700 2,132,642 91%
SCHOOLHOUSE MUSEUM SERV 386,428 366,403 95%322,094 308,606 96%
RECREATION 3,560,088 3,215,830 90%3,011,935 2,937,591 98%
PARKS & GROUNDS 3,339,032 3,073,650 92%3,133,819 3,142,382 100%
CRA REIMBURSABLE & RESERVES - 7,297 0%- 12,830 0%
Total Expenditures 96,437,589$ 91,393,127$ 95%91,142,201$ 89,746,880$ 98%
CITY OF BOYNTON BEACH, FLORIDA
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended Sept 30, 2020 (100% of Fiscal Year - Unaudited)
GENERAL FUND ANALYSIS
EXPENDEDEXPENDED
FY 2018-19
BUDGET
APPROVED
FY 2018-19 TO DATEFY 2019-20
BUDGET
APPROVED
FY 2019-20 TO DATE
EXPENDITURES
ACCOUNTS
$19,494 $28,043 $32,806 $38,948 $44,594 $50,198 $55,624 $64,241 $69,364 $74,738 $79,720 $89,747 $18,745 $28,325 $33,837 $39,882 $45,840 $51,885 $56,581 $64,666 $72,352 $77,817 $83,901 $91,393 $8,036
$96,438
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
$110,000
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Cumulative 2018-19 Actual Cumulative 2019-20 Actual 2019-20 Budget
Two Year Cumulative Expenditure Comparison and
CFY Budget -($ in thousands)
Page 355 of 1203
S:\Finance\Financial Reports\Monthly Financial Reports\FY2019-2020\FY1920 Budget Review - UF - thru Sept 20 Summarized401 Rev Sum
EXHIBIT C
%%
REALIZED REALIZED
WATER SALES 23,670,000$ 22,795,497$ 96%22,542,000$ 22,698,390$ 101%
WATER CONNECTION FEE 150,000 105,189 70%150,000 87,101 58%
WATER SERVICE CHARGE 850,000 453,694 53%850,000 903,440 106%
WTR-BACKFLOW PREVNTR TEST 15,000 25,257 168%14,000 19,515 139%
RECLAIMED WATER SALES 500,000 511,432 102%310,000 514,720 166%
DISTRICT ENERGY PLANT - 143,460 0%- - 0%
SEWER SERVICE 20,200,000 19,497,608 97%19,635,000 19,593,321 100%
STORMWATER UTILITY FEE 4,500,000 5,038,729 112%4,100,000 4,222,041 103%
TELEVISE SEWER LINES 12,000 3,707 31%10,000 14,566 146%
FEES 35,000 15,804 45%20,000 49,701 249%
INTEREST INCOME 35,000 224,335 641%35,000 293,895 840%
SALE OF SURPLUS MATERIAL 2,000 566 0%2,000 730 0%
OCEAN RGE UT TAX ADM CHG 800 999 125%800 1,087 136%
MISCELLANEOUS INCOME - 51,646 0%- 77,584 0%
LAKE WORTH WATER SEWER - 3,885 0%- - 0%
FUND BALANCE DECREASE (INCREASE)969,970 969,970 100%1,039,304 1,039,304 100%
TOTAL REVENUES 50,939,770$ 49,841,778$ 98%48,708,104$ 49,515,395$ 102%
CITY OF BOYNTON BEACH, FLORIDA
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
UTILITY FUND ANALYSIS
REVENUES
FY 2019-20 TO DATE FY 2018-19
BUDGET
APPROVED
FY 2018-19 TO DATE
Fiscal Year Period Ended September 30, 2020 (100% of Fiscal Year, Unaudited)
REVENUE
REALIZED
REVENUE
REALIZED
FY 2019-20
BUDGET
APPROVED
ACCOUNTS
$4,074 $8,246 $12,368 $16,545 $20,621 $24,684 $28,767 $32,881 $37,165 $41,430 $45,493 $49,524 $4,117 $8,298 $12,435 $16,866 $21,112 $25,290 $29,424 $33,574 $37,624 $41,791 $45,929 $49,842 $50,940
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Cumulative 2018-19 Actual Cumulative 2019-20 Actual Budget 2019-20
Two Year Cumulative Revenues Comparison and CFY
Budget -($ in thousands)
Page 356 of 1203
S:\Finance\Financial Reports\Monthly Financial Reports\FY2019-2020\FY1920 Budget Review - UF - thru Sept 20 Summarized401 Exp Sum
EXHIBIT D
%%
EXPENDED EXPENDED
DISTRICT ENERGY PLANT 518,286$ 194,427$ 38%-$ -$ 0%
WATER DISTRIBUTION 1,950,691$ 1,660,234$ 85%1,958,189$ 1,757,766$ 90%
PUBLIC WATER TREATMENT 6,772,119$ 5,913,304$ 87%6,683,780$ 6,143,072$ 92%
METER READING & SERVICES 1,355,874$ 1,019,963$ 75%1,324,231$ 1,162,880$ 88%
WASTEWATER COLLECTION 1,875,479$ 1,592,018$ 85%1,620,043$ 1,533,617$ 95%
WASTEWATER PUMPING STATNS 2,651,316$ 2,561,314$ 97%2,861,825$ 2,542,589$ 89%
SEWAGE TREATMENT 4,953,120$ 4,954,771$ 100%4,756,000$ 4,373,019$ 92%
WATER QUALITY 680,844$ 574,326$ 84%644,646$ 533,463$ 83%
UTILITY ADMINISTRATION 18,719,118$ 18,128,962$ 97%17,381,261$ 17,172,997$ 99%
UTILITES ENGINEERING 1,412,638$ 1,199,753$ 85%1,523,222$ 1,403,218$ 92%
STORMWATER MAINTENANCE 1,483,072$ 1,204,274$ 81%1,238,896$ 1,018,558$ 82%
CUSTOMER RELATIONS 1,122,830$ 1,172,002$ 104%1,191,811$ 1,130,121$ 95%
DEBT SERVICE 7,444,383$ 7,549,222$ 101%7,524,200$ 7,501,684$ 100%
Total Expenditures 50,939,770$ 47,724,570$ 94%48,708,104$ 46,272,984$ 95%
ACCOUNTS
UTILITY FUND ANALYSIS
FY 2019-20
BUDGET
APPROVED
FY 2019-20 TO DATE FY 2018-19
BUDGET
APPROVED
FY 2018-19 TO DATE
EXPENDED
CITY OF BOYNTON BEACH, FLORIDA
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended September 30, 2020 (100% of Fiscal Year, Unaudited)
EXPENDED
EXPENDITURES
$5,585 $9,353 $12,804 $16,535 $20,376 $23,861 $27,610 $31,656 $35,169 $38,711 $41,971 $46,273 $5,755 $9,689 $13,157 $16,844 $20,804 $24,583 $27,992 $31,771 $35,815 $39,234 $42,966 $47,725 $50,940
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Cumulative 2018-19 Actual Cumulative 2019-20 Actual 2019-20 Budget
Two Year Cumulative Expenditures Comparison and
CFY Budget -($ in thousands)
Page 357 of 1203
6.F.
C ONS E NT A GE ND A
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission:
Approve Task Order R13-063-13 with J acobs Engineering for professional hydrogeological services in
support of the permitting of the Class 1 I njection Well at the West W ater Treatment Plant (W W TP).
Commission approved the extension of solicitation 023-2821-18/I T with J acobs Engineering on September
15, 2020 for an additional year through September 9, 2021. The total cost is $44,098.00 plus $10,000 for
the permit fee.
Explanation of Request:
The City owns and operates a Class I injection well at the West W ater Treatment Plant for disposal of non-
hazardous membrane and ion exchange reject water. Rule 62-528.425(1)(d) of the Florida Administrative
Code (FA C), requires that the operation permit of an injection well system be renewed every five years. The
current injection well operation permit (Florida Department of Environmental Protection (F D E P) permit
number 0178213-005-UO/1X) expires May 16, 2021. The City must submit a permit renewal application no
later than 60 days prior to the expiration date of the current permit. The City therefore is required to prepare a
permit renewal application for submittal to F D E P no later than March 16, 2021. Provided the application is
submitted timely, in accordance with Rule 62-528, F.A.C., the injection well system will remain in compliance.
J acobs Engineering will assist in the preparation of the required components needed as a part of the permit
application which includes issues such as the mechanical integrity of the well, well system monitoring and a
plan, and potential cost, for plugging of the well should the need arise. I n addition, J acobs will assist in any
responses required should the F D E P submits a formal request for additional information. J acobs will also
review and provide recommendations to the city on the draft permit , formal notice if intent to issue the permit
and the final permit documentation.
How will this affect city programs or services? The class 1 injection well at the W W TP is used to dispose
of the concentrated waste component from the membrane treatment process. The F D E P Department of
Underground I njection Control (UI C) is responsible for managing the permitting process for both this well and
our Aquifer Storage and Recovery (A S R) Wells at the East Plant. The ongoing operation and maintenance of
this well is an essential part of the W W TP. This permit review is also followed by mechanical integrity testing
which will take place in 2022.
Fiscal Impact: Budgeted The cost for the work will be covered within the C I P budget for plant R&R. This will
include the Task order at $44,098.00 which will be charged on a time and materials basis plus the additional
$10,000 permit application fee.
Alternatives: There is no alternative.
Strategic Plan: Building W ealth in the Community
Strategic Plan Application: The ongoing operation of the W W TP is an essential part of the Utility plan to
provide potable water for the community.
Page 358 of 1203
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Addendum J acobs Contract Extension
Addendum Task Order for W W TP Pernit
Page 359 of 1203
Page 360 of 1203
Page 361 of 1203
1
Task Order No. R13-063-13
Professional Hydrogeologic Services to Support Class I
Injection Well Permitting
Background
The City owns and operates a Class I injection well at the West Water Treatment Plant for disposal
of non-hazardous membrane and ion exchange reject water. Rule 62-528.425(1)(d) of the Florida
Administrative Code (FAC), requires that the operation permit of an injection well system be
renewed every five years. The current injection well operation permit (Florida Department of
Environmental Protection (FDEP) permit number 0178213-005-UO/1X) expires May 16, 2021. The
City must submit a permit renewal application no later than 60 days prior to the expiration date of
the current permit. The City therefore is required to prepare a permit renewal application for
submittal to FDEP no later than March 16, 2021. Provided the application is submitted timely, in
accordance with Rule 62-528, F.A.C., the injection well system will remain in compliance.
The deep injection well operation permit renewal application must include the following
components:
• Determination of an area of review (AOR) radius and a well inventory of wells within the
AOR radius of the deep injection well system. The well inventory will include review of well
permitting records at the South Florida Water Management District, Florida Geological
Survey (Oil & Gas, and Geologic Investigations sections), United States Geological Survey,
and FDEP. Wells identified will be identified on an Area of Review Map and information
(construction details, well use, and permit number) for each well will be summarized on an
accompanying table.
• Maps and cross sections showing the local and regional geology and hydrogeology. The
cross sections will depict geological formations and hydrogeologic units, the estimated
depth of the Underground Source of Drinking Water (USDW), and the direction of fluid
movement within identified USDWs.
• Documentation of mechanical integrity of the deep injection well system;
• Tables and graphs of operating data for the injection well and both zones of the dual-zone
monitoring well. An interpretation of the data will be included with the application
supporting information;
• A proposed injection well system monitoring program;
• An updated injection well system plugging and abandonment plan with an estimated cost;
• A Local Government Guarantee.
Jacobs professional services under this Task Order will consist of four separate tasks:
1. Coordination Meetings
2. Injection Well Operation Permit Renewal
3. Allowance
Page 362 of 1203
2
B. Scope of Services
The scope of services included in this authorization for each of the tasks identified above are as
follows:
1. Coordination Meetings
a. Meetings:
i. One kickoff meeting at the City or videoconference attended by up to two
Consultant team members;
ii. One meeting at the City or videoconference to review operational and
monitoring data with Utility staff attended by up to two Consultant team
members;
iii. One pre-application teleconference with FDEP attended by up to two
Consultant team members.
Deliverables:
Meeting agendas and meeting summaries for each meeting.
2. Injection Well Operation Permit Renewal
Jacobs will provide the following services:
1. Determine the AOR radius based on historical and projected injection volumes.
2. Create a well inventory for the AOR of the deep injection well system.
3. Create PDF maps and cross sections showing the local and regional geology and
hydrogeology.
4. Graphing and interpretation of the operating data for the injection well and both zones of
the dual-zone monitoring well.
5. Preparation of a plugging and abandonment plan and cost estimate to support the Local
Government Guarantee.
6. Compilation of application material.
7. Attend a pre-application teleconference with FDEP and the City.
8. Provide Florida registered Professional Geologist certification of the application.
9. Submit the complete application package to FDEP electronically.
10. Review draft permit issued by FDEP
11. Review Notice of Intent to issue permit
12. Review Final permit
13. Respond to one formal or informal Request for Additional Information from FDEP
Deliverables:
One draft PDF application and transmittal letter for City review.
Once final PDF application, which will be uploaded for delivery to FDEP.
Review comments on the draft permit and email correspondence with FDEP to transmit
comments at the request of the City.
Review comments on the Notice of Intent to Issue and email correspondence with FDEP to
transmit comments at the request of the City.
Page 363 of 1203
3
Review comments on the Final permit (if there were any changes between the Notice of
Intent and Final permits).
3. Allowance
The Allowance will be used for additional City requested application assistance or with
FDEP Additional Information (RAI) responses beyond the first RAI, data compilation or
additional meetings. The scope and fee for additional services will be authorized by the
City’s project manager via email prior to commencement of work.
C. Assumptions
This estimated cost is based on the following assumptions:
• A Florida licensed professional engineer from the City Utilities Department will sign and seal
the permit application for the Class I injection well.
• The operation permit renewal application for the Class I injection well will include some
components by reference, such as the certificate of completion, Completion Report and
data therein, since the City has renewed this permit previously on multiple occasions.
• All deliverables will be electronic, PDF.
• The operation permit renewal application for the Class I injection well does not include an
updated O&M manual. It is assumed that the City has maintained and will continue to
comply with the permit requirements for maintaining a current O&M manual at the West
Plant. In order to create an electronic (PDF) submittal for FDEP, the City will provide to
Jacobs the additional equipment O&M data and calibration certificates to supplement the
original O&M manual.
• The City will provide a recent (less than 1 yr old) injectate water quality analysis meeting the
current FDEP list of parameters for re-permitting. Any additional analysis will be the
responsibility of the City.
• The FDEP permit renewal application fee of $10,000 will be paid directly by the City.
• No public meetings will be held.
• Additional services not included in this proposal or beyond the allowance task budget will
require an amendment to this Task Order.
• The City will provide Monthly Operating Reports (MOR) or tabulated operational and
monitoring data (physical and chemical) to Jacobs for the Class I injection well and
monitoring well in Excel format for the period 2015 to present. This includes injection
testing and fall-off data.
• The City will provide the Certificate of Financial Responsibility documentation.
Page 364 of 1203
4
• The operation permit renewal application for the Class I injection well will be submitted
electronically, consistent with current FDEP guidance.
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within the Agreement
titled Hydrogeological Consulting Services (Bid No. 023-2821-18/IT), dated July 17, 2018, between
the City of Boynton Beach and Jacobs Engineering Group. The agreement was subsequently
extended for the period from September 10, 2020 through September 9, 2021.
E. Compensation
Compensation by the City to Jacobs will be on a time and materials basis in accordance with the
above-mentioned Agreement. The estimated compensation for the services described in this Task
Order is $44,098 as shown in Table 1.
TABLE 1.
TASK HOURS RATE TOTAL
1. Coordination Meetings
Jr Engineer/Hydrogeologist 24 $116.00 $ 2,784.00
Sr Hydrogeologist 16 $211.00 $ 3,376.00
Sr. Project Manager 6 $235.00 $ 1,410.00
SUBTOTAL $ 7,570.00
2. Injection Well Operation Permit Renewal
Office 16 $88.00 $ 1,408.00
Technician 16 $116.00 $ 1,856.00
Jr Engineer/Hydrogeologist 80 $116.00 $ 9,280.00
Sr Hydrogeologist 60 $211.00 $ 12,660.00
Sr. Project Manager 16 $235.00 $ 3,760.00
SUBTOTAL $ 28,964.00
3. Allowance
Office 4 $88.00 $ 352.00
Jr Engineer/Hydrogeologist 16 $116.00 $ 1,856.00
Sr Hydrogeologist 16 $211.00 $ 3,376.00
Sr. Project Manager 8 $235.00 $ 1,880.00
SUBTOTAL $ 7,464.00
Expenses $ 100.00
TOTAL $ 44,098.00
Page 365 of 1203
5
F. Schedule
The Class I injection well permit application must be submitted by the City no later than March 16,
2021. The following schedule assumes that the City will authorize and issue a Notice to Proceed
(NTP) to Jacobs no later than January 1, 2021.
Jacobs and the City will schedule a kick-off meeting within two weeks of the NTP from the City.
Jacobs will prepare and submit a draft Deep Injection Well Operation Permit Renewal Application to
the City within 45 calendar days from receipt of the compiled operating data from the City.
The final Deep Injection Well Operation Permit Renewal Application will be submitted to FDEP by
Jacobs within two weeks from receiving the CITY’s draft comments, application form signature page
and a copy of the signed Local Government Guarantee mailed separately by the City to FDEP.
The permit reviews will on an as-needed basis, dependent upon the FDEP review and processing
schedule. The entire FDEP permit processing duration is not expected to exceed nine months.
Page 366 of 1203
6
G. Authorization
SUBMITTED BY:
Jacobs Engineering Group, Inc.
By:
Sirpa H. Hall
Manager of Projects
Dated this 30th day of __November__, 2020
Page 367 of 1203
6.G.
C ONS E NT A GE ND A
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission:
Proposed Resolution No. R20-139 - Approve and authorize the Mayor to sign the Certificate Regarding
Substantial Completion and Final Acceptance for Fire Station #1 constructed as part of the Town Square
Project.
Proposed Resolution No. R20-140 - Approve and authorize the Mayor to sign the Certificate Regarding
Substantial Completion and Final Acceptance for City Hall/Library projects and the Notice of Completion for
the City Hall/Library projects constructed as part of the Town Square Project.
Proposed Resolution No. R20-141 - Approve and authorize the Mayor to sign the Certificate Regarding
Substantial Completion and Final Acceptance for the Police Station and the Notice of Completion for the
Police Station constructed as part of the Town Square Project.
Explanation of Request:
The agreement with C F P Boynton Beach Town Square, LLC for Fire Station #1, Police Station and City
Hall/Library construction requires the City to approve a Certificate Regarding Substantial Completion and
Final Acceptance Notice of Final Completion to finalize the construction of the project. All of the buildings has
received the final Certificate of Occupancy and Final Approval by staff and is fully operational.
Staff recommends approval of the Certificate Regarding Substantial Completion and Final Acceptance for
Fire Station #1, Police Station and City Hall/Library and approval of the Notice of Completion pending final
review and approval of all required documentation and payment information for each project.
How will this affect city programs or services? All public buildings are fully operational and serving the
City residents.
Fiscal Impact: Budgeted The lease payment for these buildings are included in the approved budget.
Alternatives:
Strategic Plan: Redevelop Downtown
Strategic Plan Application: This completes the public portion of the Town Square Downtown Development
as identified in the City's Strategic Plan.
C L IMAT E AC T IO N AP P LIC AT IO N: Both the Police Station and City Hall/Library buildings received a
Green Globes certification for meeting green building and energy conservation standards.
Page 368 of 1203
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Resolution Resolution approving Certificate of Substantial
Completion of Fire Station #1
Resolution Resolution approving the Notice of Completion for
City Hall/Library
Resolution Resolution approving Notice of Completion for the
Police Station
Attachment Final Completion Package - City Hall/Library
Attachment Final Completion Package - Police Station
Attachment Final Completion Package - Fire Station
Page 369 of 1203
S:\CA\RESO\Certificate Of Substatntial Completiion And Final Acceptance Fire Station Town Square Project - Reso.Docx
RESOLUTION R20- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, APPROVING THE CERTIFICATE REGARDING 4
SUBSTANTIAL COMPLETION AND FINAL ACCEPTANCE 5
FOR THE FIRE STATION #1 CONSTRUCTED AS PART OF THE 6
TOWN SQUARE PROJECT AND AUTHORIZING THE MAYOR 7
TO SIGN THE CERTIFICATE REGARDING SUBSTANTIAL 8
COMPLETION AND FINAL ACCEPTANCE AND RELATED 9
DOCUMENTS WITH RESPECT TO THE FIRE STATION #1; 10
AND PROVIDING AN EFFECTIVE DATE. 11
12
WHEREAS, the agreement with CFP Boynton Beach Town Square, LLC for the 13
Fire Station #1 construction requires the City to approve a Certificate Regarding Substantial 14
Completion and Final Acceptance Notice of Final Completion to finalize the construction 15
of the project; and 16
WHEREAS, all of the buildings have received the final Certificate of Occupancy 17
and Final Approval by staff and are fully operational. 18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21
being true and correct and are hereby made a specific part of this Resolution upon adoption 22
hereof. 23
Section 2. The City Commission of the City of Boynton Beach, Florida does 24
hereby approve the Certificate Regarding Substantial Completion and Final Acceptance for 25
the Fire Station #1 project constructed as part of the Town Square Project and authorize the 26
Mayor to sign the Certificate Regarding Substantial Completion and Final Acceptance with respect to the 27
Fire Station #1 project. A copy of the Certificate Regarding Substantial Completion and Final Acceptance 28
and related documents regarding the Fire Station #1 project is attached hereto and incorporated herein as 29
Page 370 of 1203
S:\CA\RESO\Certificate Of Substatntial Completiion And Final Acceptance Fire Station Town Square Project - Reso.Docx
Exhibit “A”. 30
Section 3. This Resolution will become effective immediately upon passage. 31
PASSED AND ADOPTED this _____ day of December, 2020 32
CITY OF BOYNTON BEACH, FLORIDA 33
YES NO 34
35
Mayor – Steven B. Grant _____ _____ 36
37
Vice-Mayor – Ty Penserga _____ _____ 38
39
Commissioner – Justin Katz _____ _____ 40
41
Commissioner – Woodrow L. Hay _____ _____ 42
43
Commissioner – Christina L. Romelus _____ _____ 44
45
VOTE ______ 46
ATTEST: 47
48
_____________________________ 49
Crystal Gibson, MMC 50
City Clerk 51
52
53
(Corporate Seal) 54
Page 371 of 1203
S:\CA\RESO\Notice Of Completion City Hall Town Square Project - Reso.Docx
RESOLUTION R20- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, APPROVING THE CERTIFICATE REGARDING 4
SUBSTANTIAL COMPLETION AND FINAL ACCEPTANCE 5
FOR CITY HALL/LIBRARY PROJECTS AND THE NOTICE OF 6
COMPLETION FOR THE CITY HALL/LIBRARY PROJECTS 7
CONSTRUCTED AS PART OF THE TOWN SQUARE PROJECT 8
AND AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF 9
COMPLETION AND RELATED DOCUMENTS WITH RESPECT 10
TO THE CITY HALL/LIBRARY PROJECT; AND PROVIDING 11
AN EFFECTIVE DATE. 12
13
WHEREAS, the agreement with CFP Boynton Beach Town Square, LLC for the 14
City Hall/Library construction requires the City to approve a Certificate Regarding 15
Substantial Completion and Final Acceptance Notice of Final Completion to finalize the 16
construction of the project; and 17
WHEREAS, all of the buildings have received the final Certificate of Occupancy 18
and Final Approval by staff and are fully operational. 19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22
being true and correct and are hereby made a specific part of this Resolution upon adoption 23
hereof. 24
Section 2. The City Commission of the City of Boynton Beach, Florida does 25
hereby approve the Certificate Regarding Substantial Completion and Final Acceptance for 26
City Hall/Library projects and the Notice of Completion for the City Hall/Library projects 27
constructed as part of the Town Square Project and authorize the Mayor to sign the Notice of 28
Completion and related documents with respect to the City Hall/Library project. A copy of the Notice of 29
Completion and related documents regarding the City Hall/Library project is attached hereto and 30
Page 372 of 1203
S:\CA\RESO\Notice Of Completion City Hall Town Square Project - Reso.Docx
incorporated herein as Exhibit “A”. 31
Section 3. This Resolution will become effective immediately upon passage. 32
PASSED AND ADOPTED this _____ day of December, 2020 33
CITY OF BOYNTON BEACH, FLORIDA 34
YES NO 35
36
Mayor – Steven B. Grant _____ _____ 37
38
Vice-Mayor – Ty Penserga _____ _____ 39
40
Commissioner – Justin Katz _____ _____ 41
42
Commissioner – Woodrow L. Hay _____ _____ 43
44
Commissioner – Christina L. Romelus _____ _____ 45
46
VOTE ______ 47
ATTEST: 48
49
_____________________________ 50
Crystal Gibson, MMC 51
City Clerk 52
53
54
(Corporate Seal) 55
Page 373 of 1203
S:\CA\RESO\Notice Of Completion Police Department Town Square Project - Reso.Docx
RESOLUTION R20- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, APPROVING THE CERTIFICATE REGARDING 4
SUBSTANTIAL COMPLETION AND FINAL ACCEPTANCE 5
FOR THE POLICE STATION PROJECT AND THE NOTICE OF 6
COMPLETION FOR THE POLICE STATION PROJECT 7
CONSTRUCTED AS PART OF THE TOWN SQUARE PROJECT 8
AND AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF 9
COMPLETION AND RELATED DOCUMENTS WITH RESPECT 10
TO THE POLICE STATION PROJECT; AND PROVIDING AN 11
EFFECTIVE DATE. 12
13
WHEREAS, the agreement with CFP Boynton Beach Town Square, LLC for the 14
Police Station construction requires the City to approve a Certificate Regarding Substantial 15
Completion and Final Acceptance Notice of Final Completion to finalize the construction 16
of the project; and 17
WHEREAS, all of the buildings have received the final Certificate of Occupancy 18
and Final Approval by staff and are fully operational. 19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22
being true and correct and are hereby made a specific part of this Resolution upon adoption 23
hereof. 24
Section 2. The City Commission of the City of Boynton Beach, Florida does 25
hereby approve the Certificate Regarding Substantial Completion and Final Acceptance for 26
the Police Station project and the Notice of Completion for the Police Station project 27
constructed as part of the Town Square Project and authorize the Mayor to sign the Notice of 28
Completion and related documents with respect to the Police Station project. A copy of the Notice of 29
Completion and related documents regarding the Police Station project is attached hereto and 30
Page 374 of 1203
S:\CA\RESO\Notice Of Completion Police Department Town Square Project - Reso.Docx
incorporated herein as Exhibit “A”. 31
Section 3. This Resolution will become effective immediately upon passage. 32
PASSED AND ADOPTED this _____ day of December, 2020 33
CITY OF BOYNTON BEACH, FLORIDA 34
YES NO 35
36
Mayor – Steven B. Grant _____ _____ 37
38
Vice-Mayor – Ty Penserga _____ _____ 39
40
Commissioner – Justin Katz _____ _____ 41
42
Commissioner – Woodrow L. Hay _____ _____ 43
44
Commissioner – Christina L. Romelus _____ _____ 45
46
VOTE ______ 47
ATTEST: 48
49
_____________________________ 50
Crystal Gibson, MMC 51
City Clerk 52
53
54
(Corporate Seal) 55
Page 375 of 1203
Page 376 of 1203
Page 377 of 1203
Page 378 of 1203
Page 379 of 1203
Page 380 of 1203
Page 381 of 1203
Page 382 of 1203
Page 383 of 1203
Page 384 of 1203
Page 385 of 1203
Page 386 of 1203
Page 387 of 1203
Page 388 of 1203
Page 389 of 1203
Page 390 of 1203
Page 391 of 1203
Page 392 of 1203
Page 393 of 1203
Page 394 of 1203
Page 395 of 1203
Page 396 of 1203
Page 397 of 1203
Page 398 of 1203
Page 399 of 1203
Page 400 of 1203
Page 401 of 1203
Page 402 of 1203
Page 403 of 1203
Page 404 of 1203
Page 405 of 1203
Page 406 of 1203
Page 407 of 1203
Page 408 of 1203
Page 409 of 1203
Page 410 of 1203
Page 411 of 1203
Page 412 of 1203
Page 413 of 1203
Page 414 of 1203
Page 415 of 1203
Page 416 of 1203
Page 417 of 1203
Page 418 of 1203
Page 419 of 1203
Page 420 of 1203
Page 421 of 1203
Page 422 of 1203
Page 423 of 1203
Page 424 of 1203
Page 425 of 1203
Page 426 of 1203
Page 427 of 1203
Page 428 of 1203
Page 429 of 1203
Page 430 of 1203
Page 431 of 1203
Page 432 of 1203
Page 433 of 1203
Page 434 of 1203
Page 435 of 1203
Page 436 of 1203
Page 437 of 1203
Page 438 of 1203
Page 439 of 1203
Page 440 of 1203
Page 441 of 1203
Page 442 of 1203
Page 443 of 1203
Page 444 of 1203
Page 445 of 1203
Page 446 of 1203
Page 447 of 1203
Page 448 of 1203
Page 449 of 1203
Page 450 of 1203
Page 451 of 1203
Page 452 of 1203
Page 453 of 1203
Page 454 of 1203
Page 455 of 1203
Page 456 of 1203
Page 457 of 1203
Page 458 of 1203
Page 459 of 1203
Page 460 of 1203
Page 461 of 1203
Page 462 of 1203
Page 463 of 1203
Page 464 of 1203
Page 465 of 1203
Page 466 of 1203
Page 467 of 1203
Page 468 of 1203
Page 469 of 1203
Page 470 of 1203
Page 471 of 1203
Page 472 of 1203
Page 473 of 1203
Page 474 of 1203
Page 475 of 1203
Page 476 of 1203
Page 477 of 1203
Page 478 of 1203
Page 479 of 1203
Page 480 of 1203
Page 481 of 1203
Page 482 of 1203
Page 483 of 1203
Page 484 of 1203
Page 485 of 1203
Page 486 of 1203
Page 487 of 1203
Page 488 of 1203
Page 489 of 1203
Page 490 of 1203
Page 491 of 1203
Page 492 of 1203
Page 493 of 1203
Page 494 of 1203
Page 495 of 1203
Page 496 of 1203
Page 497 of 1203
Page 498 of 1203
Page 499 of 1203
Page 500 of 1203
Page 501 of 1203
Page 502 of 1203
Page 503 of 1203
Page 504 of 1203
Page 505 of 1203
Page 506 of 1203
Page 507 of 1203
Page 508 of 1203
Page 509 of 1203
Page 510 of 1203
Page 511 of 1203
Page 512 of 1203
Page 513 of 1203
Page 514 of 1203
Page 515 of 1203
Page 516 of 1203
Page 517 of 1203
Page 518 of 1203
Page 519 of 1203
Page 520 of 1203
Page 521 of 1203
Page 522 of 1203
Page 523 of 1203
Page 524 of 1203
Page 525 of 1203
Page 526 of 1203
Page 527 of 1203
Page 528 of 1203
Page 529 of 1203
Page 530 of 1203
Page 531 of 1203
Page 532 of 1203
Page 533 of 1203
Page 534 of 1203
Page 535 of 1203
Page 536 of 1203
Page 537 of 1203
Page 538 of 1203
Page 539 of 1203
Page 540 of 1203
Page 541 of 1203
Page 542 of 1203
Page 543 of 1203
Page 544 of 1203
Page 545 of 1203
Page 546 of 1203
Page 547 of 1203
Page 548 of 1203
Page 549 of 1203
Page 550 of 1203
Page 551 of 1203
Page 552 of 1203
Page 553 of 1203
6.H.
C ONS E NT A GE ND A
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Proposed Resolution No. R20-142 - Amend the F Y 2019-2020
budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for
Department or Fund Operating and Capital Budget.
Explanation of Request:
The F Y 19/20 Budget was adopted on September 17th, 2019. As such, the FY19/20 Adopted Budget for
various Operating and Capital I mprovement P rojec ts Funds plus related ac counts need to be adjusted at the
end of the fisc al year. This ty pe of budget amendment is part of the annual budget proc ess. The Budget
amendment will inc rease or decrease the Fund’s total appropriation which requires City Commission
approval, see Exhibit A & B & C.
City staff has been able to identify revenue sources and unspent appropriations whic h can be realloc ated to
other ac counts. Under best budgeting prac tices and governmental accounting standards, these funds should
be re-appropriated to provide the continued spending authority for these accounts.
Accordingly, during FY2019-20 necessary budget modifications have been made in various Operating and
Capital I mprovement Accounts/Funds (between department/divisions) for which the City Manager is
authorized to approve. Staff is requesting approval for the budget adjustments made at the Fund level in
FY2019-20.
The Traffic Safety Fund will be amended from $1,974,334 to $1,977,334 to provide appropriations for
labor contracts approved in F Y19/20 (Exhibit A).
The Public Servic e D ebt Fund will be amended from $10,200,000 to $10,269,500 to provide for
recognition of revenues and the related appropriations for debt payment in FY19/20 (Exhibit A).
The Capital I mprovement Fund will be amended for Fund 302 from $5,696,743 to $8,196,743. This will
establish appropriation for capital project debt payments (Exhibit B).
The Surtax C apital I mprovement Fund will be amended for Fund 303 from $9,366,412 to $11,774,539.
This will establish appropriation for capital project debt payments (Exhibit C).
The C emetery Fund will be amended from $253,618 to $276,618 to provide appropriations for
personnel cost and maintenance cost approved in FY19/20 (Exhibit B).
How will this affect city programs or services? Approval will allow the City to continue following good and
appropriate budgeting practices.
Fiscal Impact: See Exhibit A, Exhibit B, and Exhibit C for a summary of the fiscal impact.
Alternatives: Not approving the budget amendment would cause funding issues for FY2019-20.
Strategic Plan:
Strategic Plan Application:
Page 554 of 1203
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Resolution Resolution approving 2019-2020 Budget
amendment
Exhibit Department Budget Amendment All Funds Exhibit
A
Exhibit Department Budget Amendment All Funds Exhibit
B
Exhibit Department Budget Amendment All Funds Exhibit
C
Page 555 of 1203
1
S:\CA\RESO\Budget\2019-20\FY2019-20 FCIP Budget Amendment Resolution - (December 15 2020).Docx
RESOLUTION R20- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, AMENDING THE ADOPTED BUDGET FOR THE 4
FISCAL YEAR BEGINNING OCTOBER 1, 2019, AND ENDING 5
SEPTEMBER 30, 2020 WHICH WILL ADJUST BUDGETED 6
APPROPRIATIONS AND REVENUE SOURCES AND 7
PROVIDE SPENDING AUTHORITY FOR DEPARTMENT OR 8
FUND OPERATING AND CAPITAL BUDGET; PROVIDING 9
FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 10
DATE. 11
12
WHEREAS, a final budget was approved by the City Commission on September 17, 2019, for 13
the fiscal year 2019-2020; and 14
WHEREAS, as contemplated the FY19/20 Adopted Budget for various Operating and Capital 15
Improvement Projects Funds plus related accounts need to be adjusted at the end of the fiscal year 16
which is part of the annual budget process and which will increase or decrease the Fund’s total 17
appropriation which requires City Commission approval, see Exhibit A & B & C; and 18
WHEREAS, the City Manager is recommending amending the amount necessary to be 19
appropriated for fiscal year 2019-2020 for the Capital Improvement Fund (see Exhibit A). 20
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 21
CITY OF BOYNTON BEACH, FLORIDA: 22
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 23
true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 24
Section 2. Hereby amending the appropriated FY 2019-2020 budget as follows: 25
26
27
28
29
30
31
32
33
34
a.The Traffic Safety Fund will be amended from $1,974,334 to $1,977,334 to provide
appropriations for labor contracts approved in FY19/20 (Exhibit A).
b.The Public Service Debt Fund will be amended from $10,200,000 to $10,269,500 to
provide for recognition of revenues and the related appropriations for debt payment in
FY19/20 (Exhibit A).
c.The General Capital Improvement Fund will be amended for Fund 302 from $5,696,743
to $8,196,743. This will establish appropriation for capital project debt payments
(Exhibit B).35
36
Page 556 of 1203
2
S:\CA\RESO\Budget\2019-20\FY2019-20 FCIP Budget Amendment Resolution - (December 15 2020).Docx
d. The Surtax Capital Improvement Fund will be amended for Fund 303 from $9,366,412 to 37
$11,774,539. This will establish appropriation for capital project debt payments (Exhibit 38
C). 39
40
e. The Cemetery Fund will be amended from $253,618 to $276,618 to provide 41
appropriations for personnel cost and maintenance cost approved in FY19/20 (Exhibit B). 42
43
A copy of such amendments and/or adjustments are attached hereto as Exhibits “A” “B” & 44
“C” and the appropriations set out therein for the fiscal year beginning October 1, 2019 and 45
ending September 30, 2020, to maintain and carry on the government of the City of Boynton 46
Beach. 47
Section 3. That there is hereby appropriated revised amounts to the various Operating and 48
Capital Improvement Funds (see Exhibits A, B & C) pursuant to the terms of the budget. 49
Section 4. This Resolution shall become effective immediately upon passage. 50
PASSED AND ADOPTED this _____ day of December, 2020. 51
CITY OF BOYNTON BEACH, FLORIDA 52
53
YES NO 54
55
Mayor – Steven Grant _____ _____ 56
57
Vice Mayor – Ty Penserga _____ _____ 58
59
Commissioner –Justin Katz _____ _____ 60
61
Commissioner – Woodrow L. Hay _____ _____ 62
63
Commissioner – Christina Romelus _____ _____ 64
65
66
VOTE ______ 67
68
ATTEST: 69
70
71
_____________________________ 72
Crystal Gibson, MPA, MMC 73
City Clerk 74
75
76
77
(Corporate Seal) 78
Page 557 of 1203
Exhibit A
2019/20 2019/20
CURRENT AMENDED
GENERAL FUND DEPARTMENTS BUDGET Revenue Expenditures BUDGET
001‐1211‐512.49‐17 OTHER CONTRACTUAL SRVS 330,000 (140,000) 190,000
001‐1213‐519.12‐10 REGULAR SALARIES/WAGES 94,172 (70,000) 24,172
001‐1213‐519.19‐99 NEW PERSONNEL/RECLASS 26,706 (25,000) 1,706
001‐1213‐519.48‐24 SPECIAL EVENTS 200,000 (140,000) 60,000
001‐2111‐521.14‐20 REIMBURSABLE WAGES 40,000 (10,000) 30,000
001‐2111‐521.23‐30 HEALTH INSURANCE 92,360 (40,000) 52,360
001‐2111‐521.43‐10 ELECTRIC SERVICE 65,749 (35,000) 30,749
001‐2111‐521.46‐30 VEHICLE MAINT. ‐ GARAGE 855,965 (175,000) 680,965
001‐2111‐521.46‐91 SOFTWARE MAINTENANCE 85,700 (60,000) 25,700
001‐2111‐521.49‐17 OTHER CONTRACTUAL SRVS 150,000 (30,000) 120,000
001‐1214‐512.31‐15 LEGAL‐LAND ACQ/TITLE 25,000 11,000 36,000
001‐1214‐512.44‐42 OFFICE RENTAL 5,311,120 706,500 6,017,620
001‐1214‐512.48‐01 COMM PROMOTION/MARKETN 8,500 7,500 16,000
001‐1211‐512.99‐01 CONTINGENCY 319,627 (6,300) 313,327
001‐1910‐514.12‐10 REGULAR SALARIES/WAGES 89,773 4,500 94,273
001‐1910‐514.21‐10 EMPLOYER FICA 5,750 800 6,550
001‐1910‐514.31‐15 LEGAL‐LAND ACQ/TITLE 50,000 1,000 51,000
001‐1211‐512.99‐01 CONTINGENCY 313,327 (278,000) 35,327
001‐2411‐524.14‐10 OVERTIME 5,000 8,000 13,000
001‐2411‐524.49‐17 OTHER CONTRACTUAL SRVS 247,975 270,000 517,975
001‐2510‐539.12‐10 REGULAR SALARIES/WAGES 98,256 3,600 101,856
001‐2511‐519.12‐10 REGULAR SALARIES/WAGES 553,789 (3,600) 550,189
Adopted Fund Appropriations 96,437,589 ‐ 96,437,589
Traffic Safety Fund
103‐0000‐354.05‐00 VIOLATIONS LOCAL ORD. 1,100,000 3,000 1,103,000
Adopted Fund Total Revenues 1,974,334 3,000 1,977,334
103‐2110‐521.12‐10 REGULAR SALARIES/WAGES 113,649 3,000 116,649
Adopted Fund Total Expenses 1,974,334 3,000 1,977,334
Public Service Debt Fund
207‐0000‐389.91‐00 FUND BALANCE APPROPRIATED 343,500 69,500 413,000
Adopted Fund Total Revenues 10,200,000 69,500 10,269,500
207‐3011‐517.71‐01 PRINCIPAL PAYMENT 1,970,000 69,500 2,039,500
Adopted Fund Total Expenses 10,200,000 69,500 10,269,500
CITY OF BOYNTON BEACH
EXPENDITURE & REVENUE AMENDMENTS
FISCAL YEAR 2019 ‐ 2020
CITY MANAGER
Budget Adjustment
S:\Finance\Budget Adjustments\FY2020‐21\Prior Year All Funds Amendment\FY2019‐20 Department Budget Amendment All Funds (Dec 15, 2020 Meeting)GF_Traf_Debt Amend ‐ Exhibit APage 558 of 1203
Exhibit B
2019/20 2019/20
CURRENT AMENDED
BUDGET Revenue Expenditures BUDGET
General Capital Improvement Fund
302‐0000‐381.03‐03 CAPITAL SURTAX ‐ 2,500,000 2,500,000
Adopted Fund Total Revenues 5,696,743 2,500,000 8,196,743
302‐3011‐517.71‐01 PRINCIPAL PAYMENT 0 2,500,000 2,500,000
Adopted Fund Total Expenses 5,696,743 2,500,000 8,196,743
Boynton Beach Memorial Park Fund
631‐0000‐343.83‐00 CEMETERY‐SALE OF LOTS 45,000 23,000 68,000
Adopted Fund Total Revenues 253,618 23,000 ‐ 276,618
631‐3110‐539.12‐10 REGULAR SALARIES/WAGES 91,224 18,000 109,224
631‐3110‐539.46‐30 VEHICLE MAINT. ‐ GARAGE 9,875 5,000 14,875
Adopted Fund Total Expenses 253,618 23,000 276,618
CITY OF BOYNTON BEACH
EXPENDITURE & REVENUE AMENDMENTS
FISCAL YEAR 2019 ‐ 2020
CITY MANAGER
Budget Adjustment
S:\Finance\Budget Adjustments\FY2020‐21\Prior Year All Funds Amendment\FY2019‐20 Department Budget Amendment All Funds (Dec 15, 2020 Meeting)Non GF & Capital Amend ‐ Exh BPage 559 of 1203
Exhibit C
2019/20 2019/20
ADOPTED AMENDED
BUDGET Revenue Expenditures BUDGET
Local Government Surtax Capital Projects Fund
303‐0000‐335.18‐00 SALES TAX 4,382,000 600,000 4,982,000
303‐0000‐389.91‐00 FUND BALANCE APPROPRIATED 4,896,832 1,808,127 6,704,959
Adopted Fund Total Revenues 9,366,412 2,408,127 11,774,539
303‐1214‐580.62‐01 BUILDING IMPROVEMENTS 185,000 (32,000) 153,000
303‐1214‐580.63‐00 IMPVTS OTHER THAN BLDGS. 113,085 (38,000) 75,085
303‐4101‐580.62‐01 BUILDING IMPROVEMENTS 260,271 (24,000) 236,271
303‐4101‐580.64‐15 COMPUTER EQUIPMENT 852,200 (262,000) 590,200
303‐4101‐580.64‐18 AIR CONDITIONERS 80,000 (44,000) 36,000
303‐4103‐580.63‐15 GROUNDS IMPROVEMENTS 51,048 (41,000) 10,048
303‐4104‐580.64‐14 COMPUTER SOFTWARE 169,092 (16,000) 153,092
303‐4111‐572.62‐01 BUILDING IMPROVEMENTS 79,523 (52,000) 27,523
303‐4111‐572.64‐18 AIR CONDITIONERS 33,750 (27,000) 6,750
303‐4115‐572.63‐05 PARKS IMPROVEMENTS 97,920 (90,000) 7,920
303‐4116‐580.62‐01 BUILDING IMPROVEMENTS 266,500 (194,000) 72,500
303‐4116‐580.62‐03 AMERICAN DISABILITIES ACT 247,828 (188,000) 59,828
303‐4119‐580.64‐14 COMPUTER SOFTWARE 311,521 (205,000) 106,521
303‐4119‐580.64‐15 COMPUTER EQUIPMENT 254,967 (1,000) 253,967
303‐4126‐522.62‐01 BUILDING IMPROVEMENTS 69,305 (64,000) 5,305
303‐4127‐522.62‐01 BUILDING IMPROVEMENTS 9,300 (5,000) 4,300
303‐4128‐522.62‐01 BUILDING IMPROVEMENTS 144,330 (122,000) 22,330
303‐4128‐522.64‐18 AIR CONDITIONERS 30,250 (29,000) 1,250
303‐4130‐580.62‐03 AMERICAN DISABILITIES ACT 9,884 (9,000) 884
303‐4130‐580.63‐00 IMPVTS OTHER THAN BLDGS. 10,000 (10,000) 0
303‐4199‐522.62‐01 BUILDING IMPROVEMENTS 55,400 (38,000) 17,400
303‐4199‐580.62‐01 BUILDING IMPROVEMENTS 25,000 (14,000) 11,000
303‐4209‐572.62‐01 BUILDING IMPROVEMENTS 517,099 (84,000) 433,099
303‐4209‐572.63‐05 PARKS IMPROVEMENTS 662,752 (390,000) 272,752
303‐4209‐572.63‐15 GROUNDS IMPROVEMENTS 13,071 (12,000) 1,071
303‐4209‐572.64‐18 AIR CONDITIONERS 32,050 (32,000) 50
303‐4210‐572.62‐01 BUILDING IMPROVEMENTS 58,756 (34,000) 24,756
303‐4210‐572.63‐05 PARKS IMPROVEMENTS 179,626 (65,000) 114,626
303‐4210‐572.63‐50 PUBLIC ART 2,000 (1,000) 1,000
303‐4211‐572.62‐01 BUILDING IMPROVEMENTS 125,987 (43,000) 82,987
303‐4212‐572.62‐01 BUILDING IMPROVEMENTS 3,000 (2,000) 1,000
303‐4212‐572.63‐05 PARKS IMPROVEMENTS 69,500 (48,000) 21,500
303‐4214‐572.62‐01 BUILDING IMPROVEMENTS 4,800 (4,000) 800
303‐4216‐572.62‐01 BUILDING IMPROVEMENTS 121,000 (49,000) 72,000
303‐4216‐572.62‐03 AMERICAN DISABILITIES ACT 8,000 (3,000) 5,000
303‐4216‐572.63‐03 AMERICAN DISABILITIES ACT 14,000 (8,000) 6,000
303‐4216‐572.63‐05 PARKS IMPROVEMENTS 132,360 (21,000) 111,360
303‐4217‐572.62‐03 AMERICAN DISABILITIES ACT 26,000 (7,000) 19,000
303‐4217‐572.63‐05 PARKS IMPROVEMENTS 42,870 (2,000) 40,870
303‐4218‐572.64‐15 COMPUTER EQUIPMENT 20,000 (4,000) 16,000
303‐4220‐580.62‐01 BUILDING IMPROVEMENTS 51,000 (8,000) 43,000
303‐4222‐572.64‐04 PLAYGROUND EQUIPMENT 25,000 (24,000) 1,000
303‐4223‐572.62‐01 BUILDING IMPROVEMENTS 100,488 (52,000) 48,488
303‐4223‐572.62‐03 AMERICAN DISABILITIES ACT 25,000 (2,000) 23,000
303‐4223‐572.63‐05 PARKS IMPROVEMENTS 20,000 (19,000) 1,000
303‐4225‐580.62‐01 BUILDING IMPROVEMENTS 127,878 (2,000) 125,878
303‐4226‐572.63‐05 PARKS IMPROVEMENTS 25,000 (25,000) 0
303‐4227‐572.62‐01 BUILDING IMPROVEMENTS 7,500 (6,000) 1,500
303‐4227‐572.62‐03 AMERICAN DISABILITIES ACT 16,438 (16,000) 438
303‐4227‐572.63‐05 PARKS IMPROVEMENTS 27,000 (27,000) 0
303‐4232‐572.62‐01 BUILDING IMPROVEMENTS 3,000 (3,000) 0
303‐4232‐572.62‐03 AMERICAN DISABILITIES ACT 16,000 (16,000) 0
303‐4232‐572.63‐05 PARKS IMPROVEMENTS 31,000 (31,000) 0
303‐4234‐572.62‐01 BUILDING IMPROVEMENTS 10,000 (10,000) 0
303‐4234‐572.63‐05 PARKS IMPROVEMENTS 13,581 (13,000) 581
303‐4235‐572.62‐01 BUILDING IMPROVEMENTS 44,000 (15,000) 29,000
303‐4235‐572.63‐50 PUBLIC ART 10,000 (6,000) 4,000
303‐4236‐572.64‐04 PLAYGROUND EQUIPMENT 107,070 (24,000) 83,070
303‐4237‐572.63‐05 PARKS IMPROVEMENTS 5,142 (3,000) 2,142
303‐4238‐572.63‐05 PARKS IMPROVEMENTS 35,000 (34,000) 1,000
303‐4299‐572.63‐05 PARKS IMPROVEMENTS 40,000 (40,000) 0
303‐4299‐580.63‐06 SIGNS 173,119 (63,000) 110,119
303‐4904‐541.63‐03 AMERICAN DISABILITIES ACT 466,344 (76,000) 390,344
303‐4904‐541.63‐24 SIDEWALKS 461,601 (123,000) 338,601
303‐4905‐541.63‐23 RR CROSSING UPGRADES 80,000 (4,000) 76,000
303‐4905‐580.63‐08 STREET IMPROVEMENTS 987,511 (393,000) 594,511
303‐5000‐513.91‐40 TRANSFER TO CAPITAL ‐ 3,349,000 3,349,000
303‐5000‐513.91‐40 TRANSFER TO CAPITAL 3,349,000 2,408,127 5,757,127
Adopted Fund Total Expenses 9,366,412 2,408,127 11,774,539
CITY OF BOYNTON BEACH
EXPENDITURE & REVENUE AMENDMENTS
FISCAL YEAR 2019 ‐ 2020
CITY MANAGER
Budget Adjustment
S:\Finance\Budget Adjustments\FY2020‐21\Prior Year All Funds Amendment\FY2019‐20 Department Budget Amendment All Funds (Dec 15, 2020 Meeting)Capital Surtax Amend ‐ Ex C Page 560 of 1203
6.I .
C ONS E NT A GE ND A
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Accept the written report to the Commission for purchases over
$10,000 for the month of November, 2020.
Explanation of Request:
Per Ordinance No.01-66, C hapter 2, Sec tion 2-56.1 Exceptions to c ompetitive bidding, Paragraph b, which
states: “Further, the City Manager, or in the City Manager ’s absence, the Acting City Manager is authorized
to exec ute a purc hase order on behalf of the City for such purc hases under the $35,000 bid threshold for
personal property, commodities, and services, or $100,000 for c onstruc tion. The City Manager shall file a
written report with the City Commission at the second Commission meeting of each month listing the purchase
orders approved by the City Manager, or Acting City Manager. Below is a list of the purc hases for
November 2020:
Purchase
O rder #Vendor Amount
210429 B L U E AL LY TE C H N O LO G Y S O LU TIO N S $34,800.00
210430 FL U ID C O N TR O L S P E C IALTIE S, IN C.$19,646.00
210431 V E R IZO N C O N N E C T N W F, IN C.$26,479.74
210485 C H R IS TMAS D E C O R O F B O YN TO N B E A $23,850.00
210504 H U D S O N P U MP & E Q U IP ME N T
A D IV IS IO N O F TE N C ARVA MAC H IN E RY $15,876.00
How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists
departments in timely procurement of commodities, services, and personal property. Administrative controls
are in place with the development of a special processing form titled “Request for Purchases over $10,000”
and each purchase request is reviewed and approved by the Department Director, Finance Department, and
City Manager.
Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within
the organization. This allows administration to maintain internal controls for these purchases, reduce the
administrative overhead of processing for approval, and allow for making more timely purchases.
Alternatives: None
Strategic Plan:
Strategic Plan Application:
Page 561 of 1203
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Addendum November 2020 Request for Purchases Over
$10,000
Page 562 of 1203
Page 563 of 1203
Page 564 of 1203
Page 565 of 1203
Page 566 of 1203
Page 567 of 1203
Page 568 of 1203
Page 569 of 1203
Page 570 of 1203
Page 571 of 1203
Page 572 of 1203
Page 573 of 1203
Page 574 of 1203
Page 575 of 1203
Page 576 of 1203
Page 577 of 1203
Page 578 of 1203
Page 579 of 1203
Page 580 of 1203
Page 581 of 1203
Page 582 of 1203
Page 583 of 1203
Page 584 of 1203
Page 585 of 1203
Page 586 of 1203
Page 587 of 1203
Page 588 of 1203
Page 589 of 1203
Page 590 of 1203
Page 591 of 1203
Page 592 of 1203
Page 593 of 1203
Page 594 of 1203
Page 595 of 1203
Page 596 of 1203
Page 597 of 1203
Page 598 of 1203
Page 599 of 1203
Page 600 of 1203
Page 601 of 1203
Page 602 of 1203
Page 603 of 1203
Page 604 of 1203
Page 605 of 1203
Page 606 of 1203
Page 607 of 1203
Page 608 of 1203
Page 609 of 1203
Page 610 of 1203
Page 611 of 1203
Page 612 of 1203
Page 613 of 1203
Page 614 of 1203
Page 615 of 1203
Page 616 of 1203
Page 617 of 1203
Page 618 of 1203
Page 619 of 1203
Page 620 of 1203
Page 621 of 1203
6.J .
C ONS E NT A GE ND A
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Approve minutes from the City Commission meeting on November
17, 2020.
Explanation of Request:
The City Commission met on November 17, 2020 and minutes were prepared from the notes taken at the
meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and
maintained in the records of the City of Boynton Beach.
How will this affect city programs or services? A record of the actions taken by the City Commission will
be maintained as a permanent record.
Fiscal Impact: Non-budgeted N/A
Alternatives: Do not approve the minutes.
Strategic Plan: Building W ealth in the Community
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Minutes Minutes 11-17-2020
Page 622 of 1203
Minutes of the City Commission Meeting
Held Online Via the GoToWebinar Platform
Boynton Beach, Florida
On Tuesday, November 17, 2020, at 5:30 P.M.
Present:
Steven B. Grant, Mayor Lori LaVerriere, City Manager
Ty Penserga, Vice Mayor James Cherof, City Attorney
Justin Katz, Commissioner (Arrived 6:47 p.m.) Crystal Gibson, City Clerk
Woodrow L. Hay, Commissioner
Christina Romelus, Commissioner
Openings
A. Call to Order - Mayor Steven B. Grant
Mayor Grant called the meeting to order at 5:31 p.m.
Yury Konnikov, ITS Support Manager, explained how the meeting would proceed and
how the public could participate in the meeting.
Invocation by Father Dan Fink of St. Mark's Catholic Church
Father Fink gave the invocation.
Pledge of Allegiance to the Flag led by Commissioner Woodrow L. Hay
Comissioner Hay led the Pledge of Allegiance to the Flag.
Roll Call
City Clerk Gibson called the roll. A quorum was present.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Grant announced there was a request to remove the Legacy items, 8 A, B, and C.
They will be on a future agenda. There were no objections.
2. Adoption
Page 623 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
2
Motion
Commissioner Romelus moved to approve the amended agenda. Commissioner Hay
seconded the motion. The motion unanimously passed.
2. Other
A. Informational items by Members of the City Commission
Vice Mayor Penserga and Commissioners Hay and Romelus had no disclosures. Mayor
Grant announced on November 5th, he attended the Boynton Beach Veterans Taskforce
and at the meeting there was a motion to add a 20-foot flag pole next to the sign, Tom
Kaiser USN Veterans Memorial Park. He will bring it to the Recreation and Parks Board.
Mr. Kaiser would cover any costs. On November 6th, Mayor Grant went to Gulfstream
Park to deliver the Oath of Service for AmeriCorps volunteers in Palm Beach County. He
was informed 40% of their volunteers serve in Boynton Beach. If students or residents
need help with reading, homework or education, they can receive help at the Library.
Later that day, he went to the NW 11th ground breaking for two homes constructed by
Habitat for Humanity. He announced the CRA finally obtained all the property on the
street and with the new homes, was looking good as a Model Block. On the 10th, he
attended a Caregivers Lunch from Healthier Boynton Beach and gave a shout out to Rick
Petty and P2P for ensuring seniors get their needed care. On the 11th, he attended a
Veterans Day event and he thanked all those who attended. He was looking forward to
Pearl Harbor Day and thought perhaps they could use the amphitheater. Saturday was
Diwali and he wished Baps Temple a happy Diwali. Earlier in the day he was in West
Palm Beach for the inauguration for Maria Marino and Maria Sachs and re-inauguration
of Mack Bernard and Dave Kerner. He was looking forward to great relationships with
them.
3. Announcements, Community And Special Events And Presentations
A. Announcement by Eleanor Krusell, Public Communications and Marketing
Director, regarding “Light-Up Downtown Boynton,” an installation of holiday lights
along Ocean Avenue.
Ms. Krusell announced the 50th Annual Holiday Parade was cancelled due to COVID. The
City will light up downtown Boynton by decorating the Kapok tree, the two Banyan trees
and the Town Square. The CRA will light up the Kapok tree in Dewey Park. Both entities
will work with the CRA to promote downtown businesses. They hope to further develop
the Light Up the Downtown campaign so in the future, Ocean Avenue will be lit from
Seacrest to the bridge. They will provide the Commission the dates and times they will
flick the switch and will notify the public of it then.
Commissioner Hay asked if anything would be done from I-95 to Federal Highway; it did
not have to be lights, could be flags. Ms. Krusell, responded not this budget year. The
Page 624 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
3
City allocated $25 for the parade. She could reconsider it in a future year’s budget. It was
hoped the Kapok Tree, when lit, would be visible from Boynton Beach Boulevard,
Seacrest Boulevard and Ocean Avenue.
B. The new art mural for Fire Station #1 will be unveiled at 4 pm on Thursday,
November 19, 2020. The public is welcome. CDC guidelines will be followed.
Mayor Grant announced the event. The City will hold the event on 1st Street and have
chairs in the street. NE 1st Street and 1st Avenue will be closed and the public should
enter from Boynton Beach Boulevard and make a right into the employee parking lot. If
overflow parking is needed, attendees can use the Schoolhouse Children's Museum
parking lot. Police officers will be present and homeowners were notified that access will
be limited for an hour, similar to the way the City handled the fire extinguisher give away
at the Fire Station.
C. Proclaim November 28, 2020, as Small Business Saturday.
Mayor Grant read the Proclamation declaring November 28th as Small Business
Saturday. John Durgan, Economic Development Specialist, accepted the proclamation.
Mr. Durgan explained for every dollar spent, 67 cents stays in the local community. Of
the 67 cents, 44 cents go to the small business owner for wages and benefits and the
rest is reinvested in local business. It creates 50 cents in economic development.
American Express said in 2019, shoppers spent $19.6 billion on Small Business
Saturday. Small businesses add diversity in products and services, and access to local
experts about services best in our community. They provide a unique identity and it
preserves local character. The City started a social media campaign. An economic
development strategy homepage with a link for testimonials on small business will be on
the City’s Facebook and website with a list of small business that highlight services and
products they provided. A strategy is to connect businesses to resources that provide
value, one of which is to provide free workshops on different business topics to get direct
input on workshop topics. They created a survey with 5,200 business recipients for input
on what topics are most important to them. They have been coordinating with CRA staff
on their small business initiatives. He thanked Communications and Marketing for helping
to get the message out. He encouraged all to support local businesses. Mayor Grant
asked if there was anything for small business to work with the Sustainability Coordinator
to Go Green. Mr. Durgan explained they will make a second push for the Green Business
program and the Green Building program. Vice Mayor Penserga noted a passport type
of setup where the patrons can get a map or list of small businesses they can explore to
encourage people to visit and discover something new. Mr. Durgan explained they were
working with GIS and they were trying to go electronically and virtually. It is a GIS
interactive map highlighting small businesses accessible via cell phone and they were
working on one. He thought having days focusing on certain businesses may be good.
Page 625 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
4
4. Public Audience
Individual Speakers Will Be Limited to three Minute Presentations (at the
discretion of the Chair, this three-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
Tory Orr, 407 NE 10th Avenue, Apartment 101, asked why every year, they light up Ocean
Avenue. He asked about MLK Jr. Boulevard. It is not the only downtown they have. He
did not think it cost $25K to light up Ocean Avenue. He noted they have restaurants
opening up and he wanted lights in Cherry Hill. He explained this was our Boynton Beach;
our library and police department. Mayor Grant thought the City should not spend all of
the light budget on Ocean Avenue. It is City money and it does not have to be in the CRA
District. It could be on Gateway. He noted the Carolyn Sims Center and lots of locations
do not have lights. When he was first elected Mayor, he put up solar power lights and
those were the only lights in the area in the last five years. He hoped the Commission
would revisit that item. As for tours of the Police Department, parts of it are offline from
public view and they want the Police Department finalized before giving out tours. Mayor
Grant explained the Chief would have to indicate when that would occur. He hoped those
in the Citizens on Patrol program and student citizens would be given a tour as well.
Bernard Wright, 713 NE 7th Street, President, Robert E. Wells Foundation, commented
they always had lights on MLK Jr. Boulevard. He questioned why it was not lit even from
FPL for years and it is dark there and the City is always talking about crime. They have
a new establishment on Cherry Hill and a yellow sign for nuisance ordinance as the
occupants were supposed to vacate in September and there is new ownership. They
could cooperate with the Police Department. He spoke to Commissioner Hay. They are
trying to restore what once was solidarity in District II. It was far too long they have been
disenfranchised, and there is a pandemic of racism and COVID the City will have to face.
They have new projects and have to have a percentage of equity to get in there. If they
cannot meet the requirements, they should make a program. Ocean Breeze East is
moving those out of there to bring the public in. He announced there is a feeling of discord
being sewn. The George Floyd is still alive. He is a candidate for Mayor. He wants to see
a change for the better for the people. Mayor Grant explained FL Statute Chapter 812.173
which goes over convenience business security which requires security cameras.
Susan Oyer, 140 SE 27th Way, commented in reference to Small Business Saturday,
that American Express offers double points when going to small businesses. Card
holders just have to sign up. She inquired what was occurring with the Christmas Tree
and Hanukkah Lights. She wanted all to know November 29th is the First Anniversary of
Farindola becoming a Sister City with Boynton Beach. They are having a Zoom
celebration and all of the officials from the city are invited. They only need to reach out to
Jeanne Heavilin or go to the website and email them. She noted Farindola has products
that can be purchased as gifts and there are plenty of opportunities to get unique things.
She noted the Mayor of Farindola had COVID and Italy is on its second lock down and
Page 626 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
5
that the Abruzzo digital magazine featured an article on Farindola. If anyone was
interested in any of Farindola’s products, they should contact her and she will order. She
asked if the Commission received her donation towards the establishment of Quantum
Eco Park and wanted to know about the Christmas Tree and Hanukkah lights. She would
hate to see the City lose them while expanding lights in other areas.
Mayor Grant requested Item 3A again, and if it included holiday lights, the exact location
and if it could be expanded to other parts of the City. There was agreement to discuss
the item at the end of public audience.
No one else came forward and Public Audience was closed.
Mayor Grant requested Ms. Krusell explain if there will be holiday or just winter lights.
Ms. Krusell responded, based on what has been bid and quoted, there were lights in the
Kapok tree in Kapok Park by the older playground, the two Banyan Trees heading east
on Ocean Avenue on the right by the amphitheater and the light poles which have electric
plugs in them at the bottom, which were basically in front of the buildings of which there
were 18. Mayor Grant asked if there will be any religious lights this year. The budget
allocated from the parade was $25k. The three components used nearly all of the funds.
There was about $1,000 left over they set aside if they needed any electric. Ms.
LaVerriere explained the City was not holding its traditional events like the tree this year
due to COVID. There will be a cheerful event with white lights. It is more of a winter look.
Staff swapped the budget to do something else to make it look nice. Mayor Grant was
unhappy with the decision. He thought it sent the wrong signal and wanted lots of different
colored lights. He thought they could reach out to churches and temples after
Thanksgiving and would like to see a menorah and the religious lights they normally had
with different colors. He thought they need lights north of Boynton Beach Boulevard and
along MLK Jr. Boulevard, at Sara Sims, the Carolyn Sims Center, the Ezell Hester
Community Center and Gateway Boulevard. Ms. LaVerriere commented they did so
years ago, but it was a budget issue. Mayor Grant suggested taking the money from the
Kapok and Banyan trees and the poles as well.
Vice Mayor Penserga said he generally agreed, but asked if the money was already
spent. Ms. Krusell explained the purchase order was signed and quoted out and the
vendor was selected. They are on a strict timeline to even get the lights up. The CRA
added additional funds for Dewey Park. They had the Hanukkah Menorah and other
activities they cannot do now due to COVID, but they did agree to light up the park. Vice
Mayor Penserga agreed with the Mayor in future years to light up other areas of the City
to create ambience. He asked what kind of cost was involved. Ms. LaVerriere responded
it was a long time ago. When the recession hit, it stopped. They had lights on Seacrest.
MLK Jr., the Sims Center, in front of City Hall and all the holiday lighting was cut. They
have slowly been coming back to the holiday tree. The CRA paid for the tree in the past
and the City paid for the parade, but the CRA shifted out of the event genre and it shifted
to the City. If they want to expand, they can get prices, but it is a matter of funding. He
asked if there was a Menorah or something to locate by the Kapok tree for next year. Ms.
Page 627 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
6
Krusell will ask the vendor for the cost of those items. Staff talked about days of
celebration including Kwanzaa and Hanukkah. The City buildings have up-lighting at the
Cultural Center, the Schoolhouse Children's Museum and City Hall which can be lit on
those days. Vice Mayor Penserga requested to see the estimates as he could gather
enough neighborhoods or HOAs to contribute. Ms. Krusell advised the product supply
right now is very low because a lot of people have already installed. Mayor Grant
requested Ms. Krusell check the costs of other light colors. Ms. Krusell explained they
have ordered the white lights. She noted green light will not show as well as red and blue
lights. They installed white lights based on the response of the lights placed in Dewey
Park and the public gave overwhelming feedback they liked the white lights.
5. Administrative
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards.
Motion
Vice Mayor Penserga moved to appoint Victor Gaud to the Library Board. Commissioner
Romelus seconded the motion. The motion unanimously passed.
6. Consent Agenda
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all of the accompanying material to become a part of the Public Record and
subject to staff comments
A. Approve the renewal of Datrium ControlShift SaaS system from BlueAlly in the
amount of $17,999.10.
B. Proposed Resolution No. R20-123 - Approve and authorize the Mayor to
sign updated interlocal agreement between the City of Boynton Beach and the
Solid Waste Authority of Palm Beach County (SWA) which includes the required
language as mandated in CS/House Bill 73 regarding reduction in contamination
of residential recycling collection and processing.
C. Accept fourth quarter report on operations of the Schoolhouse Children's
Museum and Learning Center for FY19/20.
D. Proposed Resolution No. R20-124 - Authorize the City Manager and Police
Chief to sign all documents associated with the acceptance and grant agreement
for the Florida Department of Transportation (FDOT) Speed and Aggressive
Driving grant subject to the approval of the City Attorney.
Page 628 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
7
E. Proposed Resolution No. R20-125 - Accept a permanent drainage easement
to receive discharge from the Industrial Way drainage system and authorize the
recording of the easement with a lump sum payment of $12,500.00 to Boynton
Beach Distribution Center Master Association for acquisition of the easement.
F. Accept the written report to the Commission for purchases over $10,000 for
the month of October 2020.
G. Approve minutes from the City Commission meeting on October 20, 2020.
Motion
Vice Mayor Penserga moved to approve the consent agenda. Commissioner Romelus
seconded the motion. The motion unanimously passed.
7. Consent Bids and Purchases Over $100,000
A. Proposed Resolution No. R20-126 - Authorize the City Manager to sign a
piggyback agreement with ETR L.L.C. for one (1) International/ETR medium fire
rescue in the amount of $410,998.00. This unit utilizes the Florida Sheriffs
FSA20-VEF 14.01 contract. The Florida Sheriffs contract satisfies the City's
procurement requirements.
Proposed Resolution No. R20-127 - Authorize the City Manager to sign a
piggyback agreement with Ten-8 for one (1) skeeter fire brush truck in the
amount of $254,747.93. The unit utilizes the FSA20-VEF 14.02 contract. The
Florida Sheriffs contract satisfies the City's procurement requirements.
Proposed Resolution No. R20-128 - Authorize the City Manager to sign a
piggyback agreement with Sutphen for one (1) custom pumper fire apparatus in
the amount of $724,100.00. This unit utilizes the Sourcewell contract #022818-
SUT. The Sourcewell contract satisfies the City's procurement requirements.
B. Approve an increase to the estimated annual expenditure with Routeware Inc
to $160,000 due to additional equipment and repair/replacement of existing
equipment.
C. Authorize the City to issue a purchase order to pay the third-year payment to
Software House International in the amount of $190,403.28 for the City’s
Microsoft Enterprise Agreement utilizing the State of Florida Contract number
43230000-15-02.
D. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the
procurement of services and/or commodities over $100,000 as described in the
Page 629 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
8
written report for November 17, 2020- "Request for Extensions and/or
Piggybacks."
Motion
Vice Mayor Penserga moved to approve the consent agenda for bids and purchases over
$100,000. Commissioner Romelus seconded the motion. The motion unanimously
passed.
8. Public Hearing
6 p.m. or as soon thereafter as the agenda permits.
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at
Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central
Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-
family residential units and 12,422 square feet of retail, located at the northeast
corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of
GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission
Meeting.)
B. Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at
Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45-foot
wide right-of-way of SE 1st Avenue running east from Federal Highway for a
distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI
Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.)
C. Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan
application for a mixed-use development consisting of an eight (8)-story building
with 274 dwelling units, 12,422 square feet of commercial space, and associated
recreational amenities and parking on a 2.76-acre site. Applicant: Evan
Vlaeminck, GCI Acquisitions LLC. (Tabled from the October 6, 2020,
Commission meeting.)
D. Proposed Ordinance No. 20-038 - Second Reading - Approve Wells
Landing North Future Land Use Map Amendment from Local Retail Commercial
(LRC) and Medium Density Residential (MEDR) to Mixed Use Low (MXL).
Applicant: Elizabeth Roque/ Wells Landing Apartments LLC
Jim Cherof, City Attorney, read proposed Ordinance 20-038 by title only on second
reading.
Motion
Page 630 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
9
Commissioner Romelus moved to approve. Vice Mayor Penserga seconded the motion.
Brian Herbert, Architect of Record for the project, was present. No presentation was
needed.
Mayor Grant opened public hearing. No one came forward.
Vote
City Clerk Gibson called the roll. The vote was 4-0.
Proposed Ordinance No. 20-039 - First Reading - Approve Wells Landing
North Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two-
Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi-family
units and 8,530 square feet of commercial. Applicant: Elizabeth Roque/ Wells
Landing Apartments LLC
Attorney Cherof read proposed Ordinance 20-039 by title only on first reading.
Motion
Vice Mayor Penserga to approve. Commissioner Romelus seconded the motion.
Mayor Grant opened the floor for public comment. No one came forward.
Vote
City Clerk Gibson called the roll. The vote was 4-0.
E. Approve Wells Landing North (NW SP 20-004) for a mixed-use development
consisting of a three (3)-story building with 24 affordable housing dwelling units,
8,530 square feet of commercial space, associated parking and related site
improvements on a 1.23-acre site. Applicant: Elizabeth Roque, Wells Landing
Apartments LLC. (Tabled from the November 4, 2020, Commission meeting.
This item remained on the table.)
F. Proposed Ordinance No. 20-040 - Second Reading - Request for
abandonment of a portion of the unimproved 30-foot wide right-of-way of NE 1st
Street running north and south from NE 11th Avenue south approximately 150
feet (ABAN 21-002.)
Attorney Cherof read Proposed Ordinance 20-040 by title only on second reading.
Motion
Page 631 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
10
Commissioner Romelus moved to approve. Commissioner Hay seconded the motion.
Mayor Grant opened Public Comment. No one came forward.
Vote
City Clerk Gibson called the roll. The vote was 4-0.
Out of an abundance of caution Attorney Cherof requested to re-read the title again.
Motion
Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion.
Vote
City Clerk Gibson called the roll. The vote was 4-0.
Proposed Ordinance No. 20-041 - Second Reading - Request for
abandonment of a portion of an unimproved five (5) foot wide alley running east
to west from Seacrest Boulevard east to approximately 436.5 feet (ABAN 21-
001).
Attorney Cherof read Proposed Ordinance 20-041 by title only on second reading.
Motion
Commissioner Katz moved to approve. Commissioner Hay seconded the motion.
Mayor Grant opened Public Comment. No one came forward.
Vote
City Clerk Gibson called the roll. The vote was 4-0.
G. Approve Wells Landing South (NW SP 20-005) New Site Plan for a multi-
family residential development consisting of two (2), four-story buildings with a
total of 100 affordable housing dwelling units, associated parking and related site
improvements on a 2.69-acre site. Applicant: Elizabeth Roque, Wells Landing
Apartments LLC (Tabled from the November 4, 2020, Commission meeting.)
Motion
Page 632 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
11
Commissioner Hay moved to remove from the table. Vice Mayor Penserga seconded the
motion.
Brian Herbert, Gallo Herbert Architects, 1311 Newport Center Drive, Deerfield Beach,
explained a presentation was given at the last City Commission meeting of Wells Landing
on MLK Jr. Boulevard. He reviewed a presentation showing the site plan and building
elevation. There will be 100 units in total with parking to the rear or the building. Site
amenities such as a plaza area along MLK Jr. Boulevard to help increase a pedestrian-
friendly atmosphere. Elements such as bike racks, seating areas were included. There
was a question about a site wall. Mr. Herbert explained it will have green amenities. They
are required to have a minimum of 20 points for green amenities and they achieved 21
points. Said amenities included energy and water saving including bike racks Electric
Vehicle Charging stations and butterfly attracting plant materials. Extensive landscaping
would be planted where they can and wide buffers. The Pedestrian plaza will have large
shade trees keeping with the landscaping along MLK Jr. Boulevard in tree planters.
Images of the southern and northern parcel were viewed as was the civil engineering
schematics All issues were resolved. Conceptual elevations were viewed with porch
elements at the bottom to create a better pedestrian-friendly atmosphere and give the
building a more human scale. The architecture was Floribbean-styled with nice colors
and metal roofs. The buildings will be concrete masonry units with metal roofs, hurricane
impact glass and all-star energy rated appliances. The artist’s rendition was viewed. A
few comments from the Planning Board were received which they agreed to and all
conditions of approval were agreed to. They are using Wells Landing as a working name
and there will be discussions of names in the future. Mayor Grant asked if they are
required to have public art and learned they were not, but they will include something.
They are thinking the art may be appropriate in the north parcel.
Colin Groff, Assistant City Manager, explained there may be an exemption for affordable
housing. Mr. Herbert explained they thought they had to include art and were willing to
do so. Ocean Breeze East was exempt from participating in the Art in Public Places
project. Mr. Roque explained they were exempt, but they are excited to participate in it.
Motion
Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. The
motion unanimously passed.
H. Proposed Ordinance No. 20-042 - Second Reading - Approve the Boynton
Beach Administrative Code Amendments to the 7th Edition (2020) of the Florida
Building Code.
Attorney Cherof read Proposed Ordinance 20-042 by title only on second reading.
Motion
Page 633 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
12
Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion.
Mayor Grant opened Public Comment. No one came forward.
Vote
City Clerk Gibson called the roll. The vote was 4-0.
I. Proposed Ordinance No. 20-043 - First Reading - Request for
abandonment of a portion of the SW 6th Street right-of-way consisting of a
portion of the unimproved swale abutting the east lot line of the subject
property located at 704 SW 25th Avenue (ABAN 20-010).
Attorney Cherof read Proposed Ordinance 20-043 by title only on first reading.
Mayor Grant opened Public Comment. No one came forward.
Motion
Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion.
Mayor Grant was aware there were flooding in some areas and asked if this area was
impacted. Mr. Groff responded not at this location, it was further north. Mayor Grant
asked if this is at the request of an adjacent property owner and learned it was. Mayor
Grant asked if they were paying anything towards the cost and the cost of additional land.
Mr. Groff responded they were not. Mayor Grant noted in the past they were required to
make a payment. Mr. Groff explained this is an area of roadway and the right-of-way was
greater than 50 feet. The lot adjacent to it made it difficult to build on. The City was
squaring off the right-of-way, the lot to match surrounding properties.
Motion
Commissioner Hay moved to approve. Commissioner Romelus seconded the motion.
Vote
City Clerk Gibson called the roll. The vote was 4-0.
Commissioner Katz arrived at the meeting at 6:47 p.m. and announced he had no
disclosures. He advised a school board meeting went longer than anticipated. Mayor
Grant asked if Commissioner Katz could vote on the previous items.
Attorney Cherof explained the Commission would need a motion to reconsider items for
him to vote otherwise the ordinance is passed based on the people present when the roll
Page 634 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
13
call was done. Commissioner Katz was fine with the votes taken in his absence. Mayor
Grant asked for a roll call.
Vote
City Clerk Gibson called the roll. The vote was 5-0.
9. City Manager’s Report
A. Discuss potential ordinance prohibiting the use of polystyrene foam products in
City facilities and on City property.
Ms. LaVerriere announced the Sustainability Coordinator Rebecca Harvey had a short
presentation. Commissioner Romelus had requested the City look into this item.
Ms. Harvey explained staff was to present options for the Commission to review. She
advised plastic is addressed in the City’s 2020 Climate Action Plan under Green Office
Practices and in Community-wide Strategies. These practices have co-benefits including
economic development, eco-system protection and public health. From the public input
they received for the Climate Action Plan, waste reduction and recycling was rated very
important. The aim of the Plan is to reduce greenhouse gas emissions.
Polystyrene is a petroleum product. The two main forms of consumer products made from
polystyrene which are expanded polystyrene (Styrofoam) and a hard, rigid plastic with the
number six on it. The concerns stem from how easily the product is littered. It is
lightweight and it winds up in storm drains and eventually in beaches and the ocean. It
is not biodegradable or recyclable. The potential economic impacts on the community
are numerous. It could decrease eco-tourism, rising cost of storm drain maintenance,
unsightly, inequitable distribution of pollution, degradation of wetland systems and others.
There are state laws about what local government can and cannot do to regulate. Florida
Statute 500.90 preempts regulation of these products but does not limit the authority of
local governments to restrict its use by individuals, government vendors, temporary
vendors or entities with a contractual relationship with a local government on public
property. She spoke about plastic bags and pointed out there is a voluntary Green
Business Recognition program, which will start up again.
In regulating polystyrene, there were three decisions: to whom the regulations apply,
which materials to include, and how to enforce the ordinance. Ms. Harvey explained 17
Florida cities and counties prohibit the use. Some cities prohibit the public from bringing
the products onto city or county parks, beaches and in some cases into marinas and
docks. Some municipalities included the prohibitions in rental agreements for park users
and/or signage. Several cities regulate the product outside the public right-of-way were
grandfathered in because they had ordinances in effect when the provision was enacted
by the State. Ms. Harvey listed examples of polystyrene products. Orlando and Orange
counties passed internal policies. She noted Hollywood banned intentional balloon
Page 635 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
14
releases. Exemptions included pre-packaged foods, ADA exemptions, plastic straws,
bans on polystyrene foam only, and free samples or food distribution drives.
The third decision to be made was penalties and enforcement. Ms. Harvey explained
education was important. An education campaign should be in effect for at least six
months before enforcing any ordinances. Enforcement with vendors could be enforced
via contract. She noted, several cities include fines in their ordinances. If they are
applied, best practices should include a financial hardship waiver and there is generally
increasing fines beginning with a warning. Some municipalities do not have fines; rather,
the emphasis is more to educate than penalize.
Ms. Harvey reviewed alternatives to polystyrene foam. She advised lessons learned were
that residents, in general, are supportive. They are not reporting seeing problems with
compliance, but businesses, when they see demand from their customer, see the
benefits. Education is important and some combine it with procurement policies. Cities
can include other single use plastics and consider a minimum part six plastic for facility
rentals, work with stake holders and provide positive publicity to vendors.
Commissioner Romelus thanked Ms. Harvey for the presentation. She wanted to hear
the Commission’s thoughts and staff’s analysis of cost.
Vice Mayor Penserga appreciated the initiative. His questions were not how to move
forward with it, but how far can they go with it and meaningfully enforce. He favored
control in parks and beaches. He thought in addition to education and it should be taken
seriously and the City’s policies or ordinances need to have teeth. Mr. Groff talked in-
house with staff how to enforce it, and how far they want to go with it on city property. He
asked if citizens rent a pavilion in a park and they don’t adhere if the Commission wants
to fine them. He thought it would take time. They are pushing education more. There are
incentives and options. The Commission has to determine how far they want to go and
staff will bring back options. Vice Mayor Penserga asked how repeat offenders would be
handled. Mr. Groff thought enforcement is difficult. Ms. Harvey pointed out a large
majority of cities have a fine in their ordinance.
Vice Mayor Penserga favored enforcing the regulations at public facilities, beaches and
parks. Commissioner Hay asked, if someone is caught up front while renting a facility, if
they can be banned from rentals for a period of time. It was thought education is the way
to go right now and not big fines. When fines are appropriate, the Commission can
readdress it then.
Commissioner Katz supports the ordinance. He was not a proponent of policing people
on City beaches and parks. He favored policies that are realistic, but not overbearing on
residents. Mayor Grant agreed with Commissioner Katz. His ideas pertained to people
using pavilions or parks with special event permits. Mr. Groff commented the City could
review deposits and give incentive discounts and if caught violating they could be charged
extra. Mayor Grant thought they should require a sustainability deposit. If using the
Page 636 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
15
products, the sustainability deposit will not be refunded and will be used for environmental
causes. He suggested charging an additional $10 sustainability deposit. If the user does
not use the product, they could give them $15 back because they want to incentivize
people to be more environmentally friendly. He wanted a sustainability deposit and to
proceed on the honesty of their residents. He agreed having provisions in future contracts
was fine, but they should not change current vendor contracts. He likened the situation
to electric cars. He also did not want to allow confetti at parks as it is impossible to pick
up confetti in the grass. As to the beach and Harvey Oyer Boat Ramp/Park, they may
want to move forward with a fine or warning because there are people on staff that are
able to issue fines. A park ranger and others on staff can issue a citation from the City.
He thought they should give a year of warnings at beaches and boat ramps, so all would
know you cannot use Styrofoam on the premises. He thought fines should be equivalent
to a parking fine. He thought the City could buy in bulk so when vendors want to work
and they get a permit, they can buy from the City and include it in the event reservation.
Commissioner Romelus thought the City would not penalize and hunt people down for
having Styrofoam, and they cannot enforce it in commercial locations, only within city
specific locations. She wanted to direct staff to develop something long-term that will
change behaviors. She wanted signage posted giving ideas that over time, they will not
allow certain types of plastic in public parks and they will be fined if caught. As they have
technology and improved cameras in parks and public areas, they can be mindful there
is video surveillance and the City would know if they are adhering to the requirements.
Ms. LaVerriere will bring something back with what was stated and they can review each
option over a period of time, starting with the educational campaign. Ms. LaVerriere
thought they had enough to prepare a draft ordinance. Mayor Grant requested bringing
it back at the next meeting and could give a timeline for each item. Commissioner
Romelus hoped signage from Public Works would be educational as to where to place
trash.
Mayor Grant opened public comment.
Ramona Young, 101 South Federal Highway, thought what was said was marvelous.
The marketing Ms. LaVerriere spoke about and with education, would also be for
businesses. Businesses cannot be forced, but if they are on board and they are not
selling as much of this plastic, then Boynton becomes the City that will be totally clean
from litter. Education was important and to have businesses voluntarily buy in. She
thought the answer was to make someone not want to use the product. She thought it
takes a long time, but all of the comments were right on point. She also spoke with the
City Commission about trash cans in Miami that were artful that made people want to use
the trash cans. They were beautiful now. Mayor Grant agreed there are not enough trash
cans in District Two. In Disney, there is a trash can every 30 to 50 feet. Ms. Young
suggested if trash cans can be implemented at schools or community service for artists,
the receptacles become personalized and people take pride in them.
Page 637 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
16
Caitlyn Futchenata supported a fee after there was educational outreach for residents
and businesses.
Susan Oyer, 140 SE 27th Way, commented one of the very first art projects was to
decorate some of the dumpsters and some are still around. She thought the painted
dumpsters was a long-established tradition. She thanked the City Commission for
considering the ban on EPS.
10. Unfinished Business - None
11. New Business
A. Proposed Resolution No. R20-129 - Approve and ratify the Collective
Bargaining Agreement between the SEIU Florida Public Services Union, CTW,
CLC Blue Collar Unit and the City.
Mayor Grant presented the item.
Motion
Commissioner Romelus moved to approve. Commissioner Katz seconded the motion.
Mayor Grant noted 98.5% of the Blue Collar Union workers approved the contract.
Vote
The motion unanimously passed.
Proposed Resolution No. R20-130 - Approve and ratify the Collective
Bargaining Agreement between the SEIU Florida Public Services Union, CTW,
CLC White Collar Unit and the City.
Mayor Grant presented the item.
Motion
Commissioner Hay moved to approve. Commissioner Katz seconded the motion for
discussion.
Commissioner Katz had requested information from the City Manager regarding raising
the increase from 2.5% and what the financial impact would be to raise it to 3%. It was
his desire to reject the item, send it back to City staff and tell the Union that 3% was the
Board’s direction. These people are working in the field throughout COVID. He wanted
to assist employees and the working class and the financial impact was minimal to bring
Page 638 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
17
it up to 3%. He intended to vote it down unless it was sent back and agreed to the
bargaining unit to use 3%.
Mayor Grant thought the Commission could have addressed this together and noted
100% of the White Collar Union workers approved the contract and the Blue Collar
contract was already approved by the City Commission. He stated the Commission would
have to reconsider the Blue Collar contract.
Commissioner Katz announced that was his request. His intent was not to approve this
contract and he wanted to reconsider his other vote.
Motion
Commissioner Katz moved, with the notation for staff to go back and state that 3% is on
the table for SEIU to accept the White Collar and reject R20-130. Attorney Cherof
explained the motion was out of order. When a CBA reaches the City Commission, it is
a yes or a no vote. It cannot be a conditional vote because the bargaining occurs at the
City Manager to Union level, and not at the City Commission level. If the majority votes
no, the contract is not ratified and the City and the Union go back to the bargaining table.
Motion
Commissioner Katz moved to reject.
Mayor Grant noted the motion needed to be in the affirmative.
Commissioner Romelus seconded the motion. She noted there is already a motion on
the table that she moved and he seconded and then it went to discussion.
Vice Mayor Penserga requested clarification, the motion is to approve as-is and then
make a separate motion to reconsider.
Mayor Grant noted they passed 20-129 approving 2.5% to Blue Collar workers. They are
moving forward with same for White Collar workers. Commissioner Katz has indicated
he would like to reconsider his prior vote and vote against the 2.5%. The City Commission
does not have the ability to bargain or speak with the City Manager as a Board before the
final bargaining has taken place. The City Commission was removed from the discussion
and the White Collar workers approved the contract 100% and Blue Collars approved it
98.5% Commissioner Katz feels the Union workers deserve more. The City is in a difficult
position in the economy and country.
Attorney Cherof explained the motion was to approve the CBA agreement. A yes vote
would do so and a no vote would do the opposite. If a majority votes no, the contract is
not ratified and it returns to the City and Union to continue negotiations. The City and
Union could take a signal from what the Commission does if it goes back to them and the
Page 639 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
18
Union would not object to a 3% increase. At the moment the issue is only a yes or no
vote.
Commissioner Romelus was not opposed with an increase, but felt it may be less next
year due to what comes in with COVID.
Mayor Grant felt the City can table the item and reconsider Resolution 20-129 and City
Staff can explain the contracts. He did not know if it was 2.5% this year, or next year. He
did not have an overview but the bargaining agreement is for three years. Ms. LaVerriere
explained the information is in the backup. Moving into the current fiscal year they would
retro to October 1 moving to September 30 of next year. They funded 2% in the budget
across the board. Through bargaining they went to 2.5%, which was not budgeted and
they would have to reach into reserves and anything over 2.5% will also come from
reserves.
Julie Oldbury, Director of Human Resources and Risk Management, explained some
items in the agreement. The term of the agreement is for three years. They have
reopeners in the contract for wages each year and they also have a reopener if certain
conditions occur regarding insurance such as if the City changed plans or not offer the
same type of plan or increase deductible. In addition to the 2.5% increase, they provided
union members the ability to convert additional leave time into their HSA and provided
additional opportunities to receive training and out of class pay and they made some non-
monetary changes to the discipline article and call-in time provisions.
Commissioner Hay agreed with both Commissioners Katz and Romelus. He supported
approving the contract as-is.
Commissioner Katz explained if the increase is passed, the total cost increase for moving
from 2.5% to 3% was $54K. Ms. Oldbury agreed. The funds would come from the
Reserve account and the budget would have to be amended.
Vote
The motion to approve passed 3-2 (Commissioner Katz and Vice Mayor Penserga
dissenting.)
Motion
Commissioner Katz moved to reconsider Resolution R20-129. Vice Mayor Penserga
seconded the motion. The motion failed 2-3 (Mayor Grant and Commissioners Romelus
and Hay dissenting.)
Mayor Grant wished all a safe and healthy Thanksgiving. He wished all well and good
tidings for the season.
Page 640 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
19
12. Legal - None
13. Future Agenda Items
A. City Manager's Annual Performance Review - December 1, 2020
B. ILA for Women's Club transfer to the City - December 2020
C. Mayor Grant requested information on the water quality of canal systems
within the City. - January 2021
D. Vice Mayor Penserga requested a discussion regarding a City Mural Program
- TBD
E. Discussion on funding for expanding Wi-Fi to City parks. - TBD
F. ILA for Sara Sims Park Pavilion Improvements - TBD
G. Discussion of LOI process for sale of city land - TBD
14. Adjournment
There being no further business to discuss, the meeting was adjourned at 7:51 p.m.
Mr. Konnikov explained how the public could access the audio and video recording.
CITY OF BOYNTON BEACH
___________________________
Mayor - Steven B. Grant
___________________________
Vice Mayor – Ty Penserga
___________________________
Commissioner – Justin Katz
___________________________
Commissioner – Woodrow L. Hay
___________________________
Commissioner – Christina Romelus
Page 641 of 1203
Meeting Minutes
City Commission
Boynton Beach, FL November 17, 2020
20
ATTEST:
_______________________________
Crystal Gibson, MMC
City Clerk
________________________________
Catherine Cherry
Minutes Specialist
Page 642 of 1203
7.A.
C ONS E NT B I D S A ND P URC HA S E S OV E R $100,000
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission:
Proposed Resolution No. R20-143 - Approve award and authorize the City Manager to sign the contract for
Landscape Maintenance Services for Park Sites, excluding Kapok, J oseph Crowder, & Town Square Parks,
in response to Bid No.:031-2730-20/RW to the low responsive & responsible bidder Blue Marlin I nvestments,
I nc. dba Cayco Landscaping in the amount of $122,661 plus an annual allowance for potential additional
services of $5,000 for an estimated amount of $127,661 annually.
The total contract price includes the annual bid amount of $122,661.00 plus an allowance for potential
additional services of $5,000 annually for an estimated annual amount of $127,661 for a period of three (3)
years, with an option to renew for two (2) one-year terms for a total $638,305.00 estimated amount over the
total potential term of the contract.
Explanation of Request:
E X P LAN ATIO N O F R E Q U E S T:
Initial Bid Term: Three years Effective January 01, 2021 through December 31, 2024
On September 22, 2020, No.:031-2730-20/RW was advertised and submittals were opened on October 21,
2020. The City received ten (10) bids and tabulated the submittals.The Schedule of Prices Bid document
stated that K apok, J oseph Crowder, & Town Square Parks may not be awarded. Based on Bid Analysis,
excluding Kapok, J oseph Crowder, & Town Square P arks, the low responsive & responsible bidder is Blue
Marlin I nvestments, I nc. dbaCayco Landscaping in the amount of $122,661.
R ecommended for Award Landscape Services G roup:Annual Estimated
Amount
Blue Marlin I nvestments, I nc .
dba Cayco Landscaping
Parks (Parks (excluding Kapok,
J oseph Crowder, Town Square
Parks)
$97,173.00
Future Park Sites $24,948.00
Total $122,121.00
As a result, the Schedule of Prices will be fixed and firm for the initial three (3) y ear period from the
effective date of J anuary 01, 2021, subject to the bid award and by mutual agreement between the City and
the awardee, may be renewable for two (2) additional one (1) year periods. The City reserves the right to
exercise the option to renew annually.
How will this affect city programs or services?
This bid award will provide for the issuance of continuous service in connection with landscape maintenance
of Parks & Future Parks to enhance City-wide operations.
Page 643 of 1203
Fiscal Impact: Budgeted
The costs of the monthly landscape services will be paid from
Account # 001-2730-572-4917
Alternatives: Not award the bid and re-advertise.
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant? No
Grant Amount:
Contracts
Vendor Name: Blue Marlin I nvestments, I nc. dba Cayco Landscaping
Start Date: 1/1/2021
End Date: 12/31/2024
Contract Value: $127,661.00 Annually
Minority Owned Contractor?: Yes
Extension Available?: Yes
Extension Explanation:
Renewable for two (2) additional one year periods.
Page 644 of 1203
AT TAC H ME N TS:
Type Description
Resolution Resolution awarding Bid 032-2730-20/RW for
Landscape Maintenance Services for Park Sites
Attachment BidAnalysis I TB031-2730-20RW -Excluding
Kapok-J oseph Crowder- Town S Q Parks RW
Addendum Cayco I TB 031-2730-20RW Bid
Addendum
I TB 031-2730-20RW Landscape Maintenance -
Parks, Future Parks_Scrub Perimeters Final 9-
17-20 RW
Addendum
Addendum 1 for I TB NO. 031-2730-20RW
Parks.doc
Attachment 20-014 Recommendation Landscaping Bid
Addendum Cayco Signed Contract 031-2730-20RW
Landscape Maint- Parks 12-15-20 RW
Page 645 of 1203
S:\CA\RESO\Agreements\Award of Bid for Landscape Maintenance Services to Blue Marlin (Park Sites) - Reso.docx
RESOLUTION NO. R20- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3
APPROVE AWARD AND AUTHORIZE THE CITY MANAGER TO SIGN 4
THE CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR 5
PARK SITES EXCLUDING KAPOK, JOSEPH CROWDER AND TOWN 6
SQUARE, IN RESPONSE TO BID NO.:031-2730-20/RW TO THE LOW 7
RESPONSIVE AND RESPONSIBLE BIDDER BLUE MARLIN 8
INVESTMENTS, INC. DBA CAYCO LANDSCAPING IN THE AMOUNT 9
OF $122,661, PLUS AN ALLOWANCE FOR POTENTIAL ADDITIONAL 10
SERVICES OF $5,000 FOR AN ESTIMATED AMOUNT OF $127,661 11
ANNUALLY; AND PROVIDING AN EFFECTIVE DATE. 12
13
WHEREAS, on October 21, 2020, Procurement Services opened and tabulated ten (10) 14
Bids in response to BID No. 031-2730-20/RW for Landscape Maintenance Services For Park Sites 15
excluding Kapok, Joseph Crowder and Town Square parks; and 16
WHEREAS, the Evaluation Team is recommending an award to Blue Marlin 17
Investments, Inc., dba Cayco Landscaping in the amount of $122,661 as the lowest responsive, 18
responsible bidder; and 19
WHEREAS, the total contract price includes the annual bid amount of $122,661.00 plus 20
an allowance for potential additional services of $5,000 annually for an estimated annual amount 21
of $127,661.00 for a period of three (3) years, with an option to renew for two (2) one-year terms 22
for a total $638,305.00 estimated amount over the total potential term of the contract; and 23
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 24
of staff, deems it to be in the best interest of the citizens and residents to approve the award and 25
authorize the City Manager to sign the Contract for Landscape Maintenance Services for Park 26
Sites, excluding Kapok, Joseph Crowder and Town Square Parks , in response to Bid No.:031-27
2730-20/RW to the low responsive & responsible bidder Blue Marlin Investments, Inc. dba Cayco 28
Landscaping in the amount of $122,661, plus an allowance for potential additional services of 29
$5,000 for an estimated amount of $127,661 annually. 30
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 31
CITY OF BOYNTON BEACH, FLORIDA, THAT: 32
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33
being true and correct and are hereby made a specific part of this Resolution upon adoption. 34
Page 646 of 1203
S:\CA\RESO\Agreements\Award of Bid for Landscape Maintenance Services to Blue Marlin (Park Sites) - Reso.docx
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 1
approves the award and authorizes the City Manager to sign the Contract for Landscape 2
Maintenance Services for Park Sites excluding Kapok, Joseph Crowder and Town Square parks, 3
in response to Bid No.:031-2730-20/RW to the low responsive & responsible bidder Blue Marlin 4
Investments, Inc. dba Cayco Landscaping in the amount of $122,661, plus an allowance for 5
potential additional services of $5,000 for an estimated amount of $127,661 annually for a period 6
of three (3) years and shall include an option to renew for two (2) one-year terms for a total 7
$638,305.00 estimated amount over the total potential term of the agreement, shall be the total 8
amount of payment to Vendor for services provided under this contract for the entire term of the 9
contract. A copy of the Contract is attached hereto and incorporated herein as Exhibit “A”. 10
Section 3. That this Resolution shall become effective immediately. 11
PASSED AND ADOPTED this ____ day of December, 2020 12
CITY OF BOYNTON BEACH, FLORIDA 13
YES NO 14
15
Mayor – Steven B. Grant _____ _____ 16
17
Vice-Mayor – Ty Penserga _____ _____ 18
19
Commissioner – Justin Katz _____ _____ 20
21
Commissioner – Woodrow L. Hay _____ _____ 22
23
Commissioner – Christina L. Romelus _____ _____ 24
25
VOTE ______ 26
ATTEST: 27
28
_____________________________ 29
Crystal Gibson, MMC 30
City Clerk 31
32
(Corporate Seal) 33
Page 647 of 1203
# 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10
Blue Marlin
Investments
INC DBA Cayco
Landscaping
ABM
Industries LLC
Juniper
Landscaping
Vincent and
sons
landscaping
Inc
RG
LANDSCAPING
INC
Landscape
Service
Professionals,
Inc.
Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1
Schedule/Specification Total Total Total Total Total Total Total Total Total Total
s (without Kapok, Joseph Crowder, Town SQ P $97,173.00 $114,094.80 $106,430.00 $178,772.00 $165,440.20 $238,900.00 $212,560.00 $208,960.00 $255,120.00 $305,606.32
Future Park Sites (Monthly)$24,948.00 $28,200.00 $37,800.00 $41,508.00 $56,400.00 $20,400.00 $70,200.00 $81,000.00 $87,816.00 $52,980.00
Subtotal Contract Amount:$122,121.00 $142,294.80 $144,230.00 $220,280.00 $221,840.20 $259,300.00 $282,760.00 $289,960.00 $342,936.00 $358,586.32
Kapok, Joseph Crowder, Town SQ Parks Not included Not included Not included Not included Not included Not included Not included Not included Not included Not included
Mulch - Parks - (Once Per Year)Not included Not included Not included Not included Not included Not included Not included Not included Not included Not included
Mulch - Future Park Sites (Monthly) Not included Not included Not included Not included Not included Not included Not included Not included Not included l Not included
Superior
Landscaping &
Lawn Service,
Inc.
Enterprises
Inc. DBA
Property
Works
L.V. Superior
Landscaping,
Inc.
Mainguy
Landscape
Services
Page 648 of 1203
ITB 031-2730-20RW - Public Works Landscape Maintenance
Services #1: Parks, Future Parks, Scrub Perimeters
Opening Date: September 22, 2020 12:00 PM
Closing Date: October 21, 2020 2:30 PM
Vendor Details
Company Name:Blue Marlin Investments INC DBA Cayco Landscaping
Address:
PO Box 5652
Fort Lauderdale, Florida 33310
Contact:Alejandro Rotundo
Email:arotundo@caycolandscaping.com
Phone:305-606-1603
HST#:30-0962212
Submission Details
Created On:Tuesday September 29, 2020 18:04:56
Submitted On:Wednesday October 21, 2020 12:53:04
Submitted By:Alejandro Rotundo
Email:arotundo@caycolandscaping.com
Transaction #:f237c9fc-1b1c-4bff-90a4-26a73fce1b2c
Submitter's IP Address:71.147.49.116
Bid Number: ITB 031-2730-20RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 649 of 1203
Schedule of Prices
The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for
in this Bid, at the unit prices, and/or lump sums, hereinafter stated.
*Denotes a "MANDATORY" field
Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified).
If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar
value.
Bid Number: ITB 031-2730-20RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 650 of 1203
Parks
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE
PER SERVICE *
TOTAL ANNUAL
COST
PK/NE/001
This site may not be
awarded
100 NE 1st Ave - Kapok Park
125 East Ocean Avenue,
and 129 East Ocean Avenue
(Bermuda Grass Maintained at 1" Includes Children's Museum
and Cultural Center)
52 $594.0000 $ 30,888.00
*
PK/NE/002
This site may not be
awarded
100 & 120 East Ocean Avenue - Town Square and City Hall
Amphitheatre
SE Corner of East Ocean Avenue and Seacrest Boulevard
(Bermuda Grass Maintained at 1")
52 $198.0000 $ 10,296.00
*
PK/NE/003 Mangrove Park
(Excluding Lake, Mangrove Wetland & Littoral Area) @ East
End of Boynton Beach Blvd starting @ Intracoastal, ROW's
along East Boynton Beach Boulevard to Federal HWY and
behind Casa Costa Condominium to NE 4th Avenue, East
along north edge of pond
52 $247.5000 $ 12,870.00
*
PK/NE/005 Demonstration Garden
@ 611 NE 6th Avenue
(PCN 08-43-45-22-02-001-0040)
26 $74.2500 $ 1,930.50
*
PK/NE/008 Kiwanis-Sierra Park
@ 554 NE 22nd Avenue
& Gateway Boulevard
52 $49.5000 $ 2,574.00
*
PK/NE/009 Palmetto Green Park and Linear Park - East
@ 421 NE 13th Avenue
(Maintenance Every other Week)
26 $198.0000 $ 5,148.00
*
PK/NE/011 Dewey Park
@ 100 NE 4th Street
52 $49.5000 $ 2,574.00 *
PK/NW/001 Heritage Park
@ NW 10th Avenue & North Seacrest Blvd. (Includes
Northwest ROW to Poinciana Gardens Sign and
All Art signs)
52 $99.0000 $ 5,148.00
*
PK/NW/002 Urban Orchard
(118 W MLK - fenced in lots with Chickee Hut, includes lot
adjacent to Sara Sims Park NE Entrance)
(Maintenance Every other Week)
26 $74.2500 $ 1,930.50
*
PK/NW/004 Sara Sims Park @ 234 NW 10th Avenue
Includes Hedges at Sign at 1100 NW 1st Avenue (Across
Street From Park)
(Trim Around Rolling Gates Every Month)
52 $396.0000 $ 20,592.00
*
PK/NW/006
This site may not be
awarded
Joseph Crowder Dog Park
800 Renaissance Commons Boulevard
(Special Conditions Park
Flea Treatment bi-monthly within dog runs)
52 $396.0000 $ 20,592.00
*
PK/NW/007 Galaxy Scrub
(Inside Perimeter Fence 10 ' Mowing Strip, Outside North
Fence to the North Edge of Pavement to US 95 Fence
(Maintenance Once a Month)
12 $99.0000 $ 1,188.00
*
PF/NW/009 Palmetto Greens Linear Park - West
(Along C16 Canal west of Palmetto Greens Linear Park - East
(Maintenance Every other Week)
26 $198.0000 $ 5,148.00
*
PK/NW/014 Quantum Eco-Park
3500 Quantum Boulevard
Parking Lot Area
(Maintenance Every other Week)
26 $198.0000 $ 5,148.00
*
PK/NW/015 Knollwood Park
(Excluding Lake & Littoral Area)
@ 8121 Lawrence Road
52 $198.0000 $ 10,296.00
*
PK/SE/001 Edward Harmening Arbor Park
@ South Seacrest Blvd & Woolbright Road
52 $49.5000 $ 2,574.00 *
PK/SE/003 Jaycee Park
(Excludes Mangrove Wetland Area)
@ 2600 South Federal Highway
52 $297.0000 $ 15,444.00
*
PK/SW/006 Hibiscus Park
@ 660 SW 1st Avenue
52 $99.0000 $ 5,148.00 *
Subtotal:$ 159,489.00
Bid Number: ITB 031-2730-20RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 651 of 1203
Future Park Sites (Monthly)
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
FP/NW/001 Meadows-Nautica Sound Park
PCN 08434507040000010
+ PCN 08434507000003040
+ PCN 08434507160120010
12 $297.0000 $ 3,564.00
*
FP/NW/002 Quantum District Park
Quantum Boulevard
PCN 08434517090000920
(Perimeter mowing strip to NW behind Parkside townhomes,
mow road up to tower and front ROW along Miner Road)
12 $297.0000 $ 3,564.00
*
FP/NW/003 Nickels Road Park
PCN 00434519040080200
+ PCN 00434519040060260
ROW along Nickels Blvd and Quentin Ave
12 $99.0000 $ 1,188.00
*
FP/NW/004 Old Landfill (PCN 00-43-45-11-00-000-5020) 34 acres West
of Military Trail, north of LeChalet off of Haverhill Extension
12 $792.0000 $ 9,504.00 *
FP/SW/001 FPL Park
(West Side of I-95 & South of Golf Road)
12 $297.0000 $ 3,564.00 *
FP/SW/002 Girl Scout Park
(I-95 & Chapelhill Drive
Entrance off of Sunset Rd.)
12 $297.0000 $ 3,564.00
*
Subtotal:$ 24,948.00
Bid Number: ITB 031-2730-20RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 652 of 1203
Mulch - Parks - (Once Per Year)
SITE
IDENTIFICAT
ION FOR
BIDS
LOCATION SERVICES
PER YEAR MULCHING *TOTAL
ANNUAL COST
PK/NE/001 100 NE 1st Ave - Kapok Park
125 East Ocean Avenue,
and 129 East Ocean Avenue
(Bermuda Grass Maintained at 1" Includes Children's Museum
and Cultural Center)
1 $9,475.0000 $ 9,475.00
*
PK/NE/002 100 & 120 East Ocean Avenue - Town Square and City Hall Amphitheatre
SE Corner of East Ocean Avenue and Seacrest Boulevard (Bermuda Grass
Maintained at 1")
1 $3,450.0000 $ 3,450.00
*
PK/NE/003 Mangrove Park
(Excluding Lake, Mangrove Wetland & Littoral Area) @ East End of Boynton Beach
Blvd starting @ Intracoastal, ROW's along East Boynton Beach Boulevard to Federal
HWY and behind Casa Costa Condominium to NE 4th Avenue, East along north edge
of pond
1 $5,475.0000 $ 5,475.00
*
PK/NE/005 Demonstration Garden
@ 611 NE 6th Avenue
(PCN 08-43-45-22-02-001-0040)
1 $2,450.0000 $ 2,450.00
*
PK/NE/008 Kiwanis-Sierra Park
@ 554 NE 22nd Avenue
& Gateway Boulevard
1 $2,450.0000 $ 2,450.00
*
PK/NE/009 Palmetto Green Park and Linear Park - East
@ 421 NE 13th Avenue
(Maintenance Every other Week)
1 $2,450.0000 $ 2,450.00
*
PK/NE/011 Dewey Park
@ 100 NE 4th Street
1 $2,450.0000 $ 2,450.00 *
PK/NW/001 Heritage Park
@ NW 10th Avenue & North Seacrest Blvd. (Includes Northwest ROW to Poinciana
Gardens Sign and
All Art signs)
1 $2,450.0000 $ 2,450.00
*
PK/NW/002 Urban Orchard
(118 W MLK - fenced in lots with Chickee Hut, includes lot adjacent to Sara Sims
Park NE Entrance)
(Maintenance Every other Week)
1 $1,950.0000 $ 1,950.00
*
PK/NW/004 Sara Sims Park @ 234 NW 10th Avenue
Includes Hedges at Sign at 1100 NW 1st Avenue (Across Street From Park)
(Trim Around Rolling Gates Every Month)
1 $7,450.0000 $ 7,450.00
*
PK/NW/006 Joseph Crowder Dog Park
800 Renaissance Commons Boulevard
(Special Conditions Park
Flea Treatment bi-monthly within dog runs)
1 $5,475.0000 $ 5,475.00
*
PK/NW/007 Galaxy Scrub
(Inside Perimeter Fence 10 ' Mowing Strip, Outside North Fence to the North Edge of
Pavement to US 95 Fence
(Maintenance Once a Month)
1 $1,950.0000 $ 1,950.00
*
PF/NW/009 Palmetto Greens Linear Park - West
(Along C16 Canal west of Palmetto Greens Linear Park - East
(Maintenance Every other Week)
1 $2,450.0000 $ 2,450.00
*
PK/NW/014 Quantum Eco-Park
3500 Quantum Boulevard
Parking Lot Area
(Maintenance Every other Week)
1 $5,475.0000 $ 5,475.00
*
PK/NW/015 Knollwood Park
(Excluding Lake & Littoral Area)
@ 8121 Lawrence Road
1 $3,475.0000 $ 3,475.00
*
PK/SE/001 Edward Harmening Arbor Park
@ South Seacrest Blvd & Woolbright Road
1 $2,450.0000 $ 2,450.00 *
PK/SE/003 Jaycee Park
(Excludes Mangrove Wetland Area)
@ 2600 South Federal Highway
1 $2,450.0000 $ 2,450.00
*
PK/SW/006 Hibiscus Park
@ 660 SW 1st Avenue
1 $2,450.0000 $ 2,450.00 *
Bid Number: ITB 031-2730-20RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 653 of 1203
Mulch - Future Park Sites (Monthly)
SITE IDENTIFICATION
FOR BIDS LOCATION SERVICES
PER YEAR MULCHING *TOTAL ANNUAL
COST
FP/NW/001 Meadows-Nautica Sound Park
PCN 08434507040000010
+ PCN 08434507000003040
+ PCN 08434507160120010
1 $5,000.0000 $ 5,000.00
*
FP/NW/002 Quantum District Park
Quantum Boulevard
PCN 08434517090000920
(Perimeter mowing strip to NW behind Parkside townhomes, mow road
up to tower and front ROW along Miner Road)
1 $5,000.0000 $ 5,000.00
*
FP/NW/003 Nickels Road Park
PCN 00434519040080200
+ PCN 00434519040060260
ROW along Nickels Blvd and Quentin Ave
1 $5,000.0000 $ 5,000.00
*
FP/NW/004 Old Landfill (PCN 00-43-45-11-00-000-5020) 34 acres West of Military
Trail, north of LeChalet off of Haverhill Extension
1 $5,000.0000 $ 5,000.00 *
FP/SW/001 FPL Park
(West Side of I-95 & South of Golf Road)
1 $5,000.0000 $ 5,000.00 *
FP/SW/002 Girl Scout Park
(I-95 & Chapelhill Drive
Entrance off of Sunset Rd.)
1 $5,000.0000 $ 5,000.00
*
Additional Service Items
Line Item Additional Service Items Unit Price *
1 BASIC MAINTENANCE FOR ADDITIONAL AREAS - Labor with
all necessary Tools & Equipment (per hour/per crew)
$30.0000 *
2 PRUNING AND PLANT MAINTENANCE for Additional Areas -
Labor with all necessary Tools & Equipment (per hour/per crew)
$30.0000 *
3 MULCHING for Additional Areas - Labor with all necessary Tools
& Equipment (per hour/per crew)
$30.0000 *
4 MULCH - Cost Mark-up (%)$25.0000 *
5 Turf Fertilization (per 1/4 acre)$80.0000 *
6 Tree Fertilization (each)$5.0000 *
7 Palm Fertilization (each)$5.0000 *
8 Shrub Fertilization (per 50 linear feet)$10.0000 *
9 Turf Pesticide (per square foot)$0.0550 *
10 Shrub Pesticide (per 50 linear feet)$10.0000 *
11 Tree Pesticide (each)$5.0000 *
12 Palm Pesticide (each)$5.0000 *
13 Fire Ant Control (AMDRO)$85.0000 *
14 Turf Fertilization - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
15 Tree Fertilization - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
16 Palm Fertilization - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
17 Shrub Fertilization - Per hour per person / Material Cost Mark-
up (%)
$45.0000 *
18 Turf Pesticide - Per hour per person / Material Cost Mark-up (%)$45.0000 *
19 Shrub Pesticide - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
20 Tree Pesticide - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
21 Palm Pesticide - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
22 Fire Ant Control - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
23 CHEMICAL APPLICATION for Additional Areas (per hour/per
person)
$45.0000 *
24 CHEMICAL - Cost Mark-up (%)$35.0000 *
25 Bee Control or Removal (Specialized Equipment)$75.0000 *
26 Bee Control or Removal (Foreman per hour/per person)$75.0000 *
27 Bee Control or Removal (Technician per hour/per person)$65.0000 *
Bid Number: ITB 031-2730-20RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 654 of 1203
28 Bee Control or Removal Material Cost Mark-up (%)$35.0000 *
29 IRRIGATION REPAIRS (Foreman per hour/per person)$45.0000 *
30 IRRIGATION REPAIRS (Technician per hour/per person)$40.0000 *
31 IRRIGATION REPAIRS - Material Cost Mark-up (%)$50.0000 *
32 PLANT/TREE/PALM INSTALLATION - Labor (per hour/per
person)
$45.0000 *
33 PLANT/TREE/PALM INSTALLATION - Equipment/Loader (per
hour)
$45.0000 *
34 PLANT/TREE/PALM INSTALLATION - Material Cost Mark-up (%)$100.0000 *
35 LOT MAINTENANCE - Lot under 1/4 acre with a dwelling for
Basic Maintenance (per service)
$75.0000 *
36 LOT MAINTENANCE - Lot under 1/4 acre without a dwelling for
Basic Maintenance (per service)
$50.0000 *
37 LOT MAINTENANCE - Lot from 1/4 to 1/2 acre with a dwelling
for Basic Maintenance (per service)
$100.0000 *
38 LOT MAINTENANCE - Lot from 1/4 to 1/2 acre without a
dwelling for Basic Maintenance (per service)
$75.0000 *
39 LOT MAINTENANCE - Lot from 1/2 to 3/4 acre with a dwelling
for Basic Maintenance (per service)
$125.0000 *
40 LOT MAINTENANCE - Lot from 1/2 to 3/4 acre without a
dwelling for Basic Maintenance (per service)
$100.0000 *
41 LOT MAINTENANCE - Lot from 3/4 to 1 acre with a dwelling
for Basic Maintenance (per service)
$150.0000 *
42 LOT MAINTENANCE - Lot from 3/4 to 1 acre without a dwelling
for Basic Maintenance (per service)
$125.0000 *
Summary Table
Bid Form Amount
Parks $ 159,489.00
Future Park Sites (Monthly)$ 24,948.00
Subtotal Contract Amount:$ 184,437.00
Bid Questions
Number of Days for Delivery FOB Destination:7
Confirmation of Minority Owned Business
A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which
category best describes your company. Return this form to make it an official part of with your RFQ responses
Description Response *Comments
Is your company a Minority Owned business?Yes
Please select the appropriate response Hispanic
Do you possess a certification qualifying your business
as a Minority Owned business?
No
Issuing organization name Input response in comments box to the right We have applied as a
Minority Owned
Business with the City
of Broward.
*
Date of Issuance Input response in comments box to the right We have applied as a
Minority Owned
Business with the City
of Broward.
*
Bid Number: ITB 031-2730-20RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 655 of 1203
Letter of interest
The Letter of Interest shall summarizes the Proposer’s primary qualifications and a firm commitment to provide the proposed services.
Line
Item Description Response *
1 The Letter of Interest shall summarizes the Proposer’s
primary qualifications and a firm commitment to
provide the proposed services.
October 21st, 2020
City of Boynton Beach
Landscape Maintenance Services – Parks, Future Parks/Scrub Perimeters
ITB No. 031-2730-20/RW
100 East Ocean Ave.
Boynton Beach
Re: Letter of Interest
Please take this communication as formal letter of interest and firm commitment to
provide the services as per the scope of work in ITB No. 031-2730-20/RW.
Cayco Landscaping is a full services company providing a wide range of professional
quality services for Grounds Maintenance, Fertilization, Pest Control, Tree Trimming &
Removal, Planting, Landscape Design & Installation, and Irrigation.
Cayco Landscaping is a leading landscape services company providing knowledgeable,
professional and dependable services. Our staff is available to assist you 24 hours a
day, seven days a week. Our management and crews have vast experience on working
on governmental contracts and commercial projects that include medians, swalse,
shoulders, parks, marinas, government facilities, railroad and other. This is what we do
all day, every day.
Cayco Lanscaping owner and management have a combined sixty (60) years industry
experience. Cayco Landscaping has experienced staff, the appropriate equipment, and
the proper licenses to handle any phase of work in the industry.
Our company has a diverse workforce and our employees have pride in working for
Cayco Landscaping. We give people opportunities they are not able to receive from
other companies.
Thank you for the opportunity on allowing us to bid to the City of Boynton Beach.
Fore and on behalf of Cayco Landscaping
Alejandro Rotundo
Chief Operating Officer
Blue Marlin Investments INC DBA Cayco Landscaping
Telephone (305) 606-1603.
arotundo@caycolandscaping.com
Local Business Status Certification
I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of
the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2
below will qualify the business as a local business. In support of this request, I certify the following to be true and correct:
I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also
agree that the business is required to notify the City in writing should it cease to qualify as a local business.
By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of
Boynton Beach.
We will not be submitting for Local Business Status Certification
Is the business
located within
the City limits of
Boynton Beach,
Florida? *
Does the business have a
business tax receipt issued
in the current year? *
Is the business registered
with the Florida Division
of Corporations? *
Number of years in business *Business license number *
Yes
No
Yes
No
Yes
No
Bid Number: ITB 031-2730-20RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 656 of 1203
References - Past Performance
Bidders shall complete reference document submitted with their bid of at least three (3) letters of reference from customers attesting to satisfactory performance of awards
performed within the past two years, each reference must have been for contracted landscaping maintenance services on properties consisting of at least 1 acre, and includes
all of maintenance request items listed herein. This reference list shall be complete with contact person(s), telephone numbers, and email addresses. Please do not list the City
of Boynton as a reference.
NOTE: The information requested must include a current contact name, phone number and email address for each reference.
The City is interested in learning of other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as
a reference.
Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information.
Selection Committee Members or designee will email or call each reference up to three (3) times.
Name of Agency *Name of Project *Contact Name *Email Address *Telephone Number *
The Scully Company Jacaranda Village Jill Greco
Title: Regional Manager
jgreco@scullycompany.com 844-902-0317
Harbor Management Group City Center on 7th Alina Trull
Title: Property Manager
atrull@harborgroupmanagement.com 954-447-1400
Greystar Solle Luxury Apartments Marilou Romero
Title: Property Manager
marilou.romero@greystar.com 954-994-2955
ZRS Company The Laurels at Jacaranda Shirley Alvarez
Title: Property Manager
salvarez@zrsmanagement.com 954-476-2046
The Scully Company St. Andrews at Palmaire Venessa Chin
Title: Property Manager
vchin@scullycompany.com 844-825-6434
Subcontractors
The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be
Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor
category in their list of Subcontractors.
Sub-Consultant(s)
If a vendor intends to sub-contract any portion of this bid for any reason, the name and address of the subcontracting firm must be submitted with the bid or prior to use for
approval. No sub-contracting will take place prior to bid-awarded vendor furnishing this information and receiving written approval from the COBB. Subcontractors will be
required to conform to the Jessica Lunsford Act as noted in the Instructions to Bidders document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed in the proper performance of an award or failed to deliver on-time contracts of a
similar nature, or who is not in the position to perform this award. The Contract Administrator reserves the right to inspect all facilities of any subcontractor in order to make
determination as to the foregoing. The subcontractor will be equally responsible for meeting all requirements specified in this Invitation to Bid. Vendors are encouraged to seek
minority and women business enterprises for participation in sub-contracting opportunities. The sub-contractor shall be equally responsible for meeting all requirements
specified in this Invitation to Bid.
By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their “OWN FORCES”.
Name *Address Scope of work license No Contract Amount Percentage (%) of Contract
*
Documents
Ensure your submission document(s) conforms to the following:
Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure
that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton
Beach.
If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains
more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to
the Marketing Plan category save the document as “Marketing Plan.”
Bid Number: ITB 031-2730-20RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 657 of 1203
If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected.
THESE DOCUMENTS MUST BE UPLOADED ONLINE WITH THE PROPOSAL IN ORDER FOR THE PROPOSAL TO BE CONSIDERED
COMPLETE AND ACCEPTABLE.
PROPOSER'S QUALIFICATION STATEMENT - Qualification Statement Cayco Landscaping.pdf - Wednesday October 21, 2020 11:36:23
ANTI-KICKBACK AFFIDAVIT - Anti-Kickback Affidavit Cayco Landscaping.pdf - Wednesday October 21, 2020 11:49:21
NON COLLUSION AFFIDAVIT OF PROPOSER - Non Colussion Affidavit Cayco Landscaping.pdf - Wednesday October 21, 2020 11:52:04
MINORITY OWNED BUSINESS CERTIFICATION - Minority Owner Business Certification.pdf - Wednesday October 21, 2020 11:47:32
CERTIFICATION PURSUANT TO FLORIDA STATUTE 287.135 - Certification pursue to Florida Statue Cayco Landscaping.pdf - Wednesday
October 21, 2020 11:54:59
Florida Professional License, including evidence of possession of required licenses or business permits - Cayco Busines Licenses.pdf -
Wednesday October 21, 2020 10:10:51
Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form - City of Boynton Beach - C.O.I..pdf -
Wednesday October 21, 2020 11:56:41
Supplemental Information - Supplemental Info Cayco Landscaping ITB 031-2730-20RW.pdf - Wednesday October 21, 2020 12:10:45
Additional Information to be Provided (Delivery, Discount on Accessories, & Option for 5-Year Maintenance Agreement) - Additional PagesITB
031-2730-20RW.pdf - Wednesday October 21, 2020 12:20:16
Bid Number: ITB 031-2730-20RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 658 of 1203
Addenda & Acknowledgements
The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the
negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the
Consultant and its sub-consultants and lower tier sub-consultants.
The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its
subconsultants or lower tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a
material breach of this contract justifying its termination.
Confirmation of Drug Free Workplace
Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price,
quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the
award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program.
In order to have a drug-free workplace program, a business shall:
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in
subsection (1).
In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are
under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo
contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than 5 days after such conviction.
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the
employee’s community by, any employee who is so convicted.
Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Alejandro Rotundo, COO, Blue Marlin Investments
INC DBA Cayco Landscaping
The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest?
Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document
Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum 1 for ITB 031-2730-20RW Landscape Maintenance- Parks
Tue October 13 2020 05:14 PM --
Bid Number: ITB 031-2730-20RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 659 of 1203
Bid Number: ITB 031-2730-20RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 660 of 1203
1
CITY OF BOYNTON BEACH
INVITATION TO BID (ITB)
FOR
LANDSCAPE MAINTENANCE SERVICES – PARKS, FUTURE
PARKS/SCRUB PERIMETERS
ITB No. 024031-2730-20/RW
MANDATORY PRE-BID SITE VISIT
CITY OF BOYNTON BEACH
CITY HALL
3301 QUANTUM BLVD. SUITE 101100 EAST OCEAN AVENUE
BOYNTON BEACH, FL 3342633435
ONLINE SUBMISSIONS ONLY
BID CLOSING DATE: October 21, 2020
BID CLOSING DATE: Month ____ Day ___, Year____ September 1,
2020
NO LATER THAN 2:30 P. M.
Formatted: Not Highlight
Formatted: Not Highlight
Page 661 of 1203
2
INVITATION FOR BIDS
FOR
LANDSCAPE MAINTENANCE SERVICES – PARKS, FUTURE
PARKS/SCRUB PERIMETERS
TABLE OF CONTENTS
Scope of Services Information ...............................................................................................3
Section 1 – Scope of Services and Project Information……………………………………….5
Section 2 – Instruction to Bidders ..........................................................................................1518
Section 3 – Bid Submission Requirements ...........................................................................1720
Section 4 – General Conditions .............................................................................................1922
Section 5 - Special Conditions ...............................................................................................2933
Submittal of General Information, Procurement Forms and Documents
To be Completed and Uploaded Online
Proposer’s Qualification Statement ..........................................................................30-35
Anti-Kickback Affidavit ...............................................................................................36
Non-Collusion Affidavit of Proposer ..........................................................................37
Certification Pursuant to Florida STATUTE § 287.135 .............................................38-39
Draft Contract
Draft Contract Agreement ……………………………………………………………….C1-C5C6
Insurance Advisory Form ………………………………………………………………..C-107
Exhibit ‘A’……………………………………………………………………………………………
Scope of Services ………………………………………………………………………...C-68
Exhibit ‘B’……………………………………………………………………………………………
Schedule of Prices ………………………………………………………………………..C-79
Exhibit ‘C’
Invitation to Bid (ITB) No.031-2730-20/RW…………………………………………….C-10
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Indent: First line: 0"
Page 662 of 1203
3
INVITATION TO BID (ITB)
024-2730-20/RW031-2730-20/RW
FOR
INVITATION FOR BIDS
FOR
LANDSCAPE MAINTENANCE SERVICES – PARKS, FUTURE PARKS/SCRUB
PERIMETERS
Electronic Invitation To Bids (ITB’s) shall be received by the bidding system up until: October 21,
2020 September 1, 2020 No Later Than 2:30 PM (Local Time).
A MANDATORY Pre-Bid Conference is scheduled for October 1, 10:00 A.M., (local time), to be held
at
CITY OF BOYNTON BEACH CITY HALL, 100 EAST OCEAN AVENUE, BOYNTON BEACH, FL
33435.
Attendance is mandatory and proof of attendance will be evidence by the Bidder’s signature or
signature of Bidder’s designee on the attendance sheet provided at the site. The Public Works
Department will provide an escort to the site.
MANDATORY SITE INSPECTION
A MANDATORY SITE INSPECTION will take place starting immediately following the Pre -Bid
Meeting. After the pre-bid conference, the City shall provide transport to inspect various site locations
listed in the bid. The Site Inspection Bidder Registration form is included in this bid package and is
required for anyone attending the mandatory site inspections. Bidders that have not performed
the Mandatory Site Inspection at this designated time will be considered non-responsive.
Question Deadline: October 7, 2020, No Later Than 12:00 P.M.
All Bids will be publicly opened online at Boynton-beach.bidsandtenders.net. Bids received after the
assigned date and time are not permitted by the bidding system. For the above reasons, it is
recommended that sufficient time to complete your online Submission and to resolve any issues that
may arise. The closing time and date shall be determined by the Bidding System’s web clock.
ATTENTION, ALL INTERESTED RESPONDENTS:
To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not
provided in any other manner. Maps are available to be viewed online by visiting http://boynton-
beach.maps.arcgis.com/apps/View/index.html?appid=a2cc3d79c93d476195376fb59da640a0 .
SCOPE OF ITB:
The City of Boynton Beach is seeking bids for landscape maintenance services for the Cities Parks,
Future Parks/Scrub Perimeters. Current large parks, community parks, pocket parks, and future
parks. All general maintenance shall be provided with the provisions listed in section 4 of this contract.
MANDATORY SITE INSPECTION
Formatted: No underline, Not Highlight
Formatted: Underline
Formatted: Underline
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Font: (Default) Arial, Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Widow/Orphan control
Page 663 of 1203
4
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 (1)
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.
BONDING
When required by the specifications herein, the successful Bidder shall furnish Performance and
Payment Bonds, and/or Warranty Bond, as stated on in the Bid documents on the City’s forms
within ten (10) calendar days after notification of contract award. Failure to furnish the required
bonds within the time specified may be cause for rejection of the Bid and any Bid deposit may be
retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate
of the amount of damages the City would sustain due to the Bidder’s failure to furnish said bonds.
LOBBYING / CONE OF SILENCE
Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach
County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be
imposed upon each competitive solicitation from the time of advertisement and shall remain in effect
until Council awards or approves a contract, rejects all bids or responses, or otherwise takes action
that ends the solicitation process. While the cone of silence is in effect, no Bidder or its agent shall
directly or indirectly communicate with any member of City Commission or their staff, the Manager,
any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award
of a particular contract or member of the Selection Committee in reference to the solicitation, with the
exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code
of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award
of contract to the Bidder. Further, any contract entered into in violation of the cone of silence shall
render the transaction voidable.
The cone of silence shall not apply to oral communications at any public proceeding, including pre-
bid conferences, oral presentations before Selection Committees, and contract negotiations during
any public meeting, presentations made to the City Commission, and protest hearings. Further, the
cone of silence shall not apply to contract negotiations between any employee and the intended
awardee, any dispute resolution process following the filing of a protest between the person filing the
protest and any employee, or any written correspondence with Boynton Beach as may be permitted
by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made
in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual.
PUBLIC RECORDS DISCLOSURE:
Pursuant to Florida Statutes §119.071(1), sealed Bids, Proposal or Responses received by the City
in response to a Request for Qualification or Invitation to Bid are exempt from public records
disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening
of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for
Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to
reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure
until such time as the City provides notice of a decision or intended decision concerning the
competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid,
Page 664 of 1203
5
Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City
notice rejecting all Bids, Proposals, or replies.
Questions related to this ITB are to be submitted to the Purchasing representative through the Bidding
System only by clicking on the “Submit a Question” button for this specific Solicitation.
INVITATION TO BID (ITB)
No. 024-2730-20/RW031-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – PARKS, FUTURE PARKS/SCRUB
PERIMETERS”
SECTION 1 –SCOPE OF SERVICES AND GENERAL REQUIREMENTS
1.1 BID 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 (1) 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.
1.2 BASIS OF AWARD:
While it is the intent of the City to award the bid to one vendor who is the lowest responsive
and responsible Bidder as determined by the city, the City reserves the right to make multiple
awards. The City reserves the right to reject all bids, waive non-material errors in the bids, to
abandon the project and to solicit and re-advertise for other bids.
Once opened, the bids will be tabulated and evaluated by the City before recommendation
and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or
reject any or all bids for any reason whatsoever. The City further reserves the right to waive
irregularities and technicalities and/or to request resubmission. There is no obligation on the
part of the City to award the bid to the lowest Bidder, or any Bidder. The City reserves the
right to make the award to a responsible Bidder submitting a responsive bid most
advantageous and in the best interest of the City. The City shall be the sole judge of the bids
and the City’s decision shall be final.
1.3 SCOPE OF WORK TO BE PERFORMED: (format numbering)
1.3.1 PURPOSE:
The purpose and intent of this invitation to bid is to establish a Contractor who provides
landscape maintenance services within the City of Boynton Beach. The Contractor shall
provide quality workmanship is expected to be superior and high level at all times, and
Page 665 of 1203
6
detailed service is expected in all areas serviced. The highest level of service will be provided
by the awardee, with care and compassion for the City’s residents and patrons.
The Contractor shall remove all litter, debris and trimmings during every service. Dead plants
will be removed and noted in the monthly report. Significant problems with safety, health of
plants, infestations should be brought to the attention of the Director of Public Works or
Designee immediately.
The city is expecting the awardee to be vigilant and ascertain preservation in the city’s behalf
when it pertains to the aesthetics of the awarded sites. The City is relying on the Awardee to
be responsible and accountable for the landscape materials left in their care. If neglect is
shown on the part of the Awardee, the City will hold the Awardee responsible for the
replacement of any and all of the plant materials that are shown to perish under their care.
The Awardee(s) must at all times adhere to the City of Boynton Beach’s Code of Ordinances,
Part III – Land Development Regulations, Chapter 4 – Site Development Standards, Section
4 - Standards.
1.3.2 TECHNICAL SPECIFICATIONS AND SCOPE OF WORK:
PARKS, FUTURE PARKS/SCRUB PERIMETERS:
The Contractor shall maintain cCurrent large parks, community parks, pocket parks, and
future parks. All general maintenance shall be provided with the provisions listed in section 4
of this contract.
The scope of work shall include but not be limited to the furnishing of all labor, materials,
equipment, and incidentals required for: mowing, trimming, edging and weeding of all
landscaped areas, including turf areas, flower beds, shrub beds, and ground cover beds, pest
control/herbicide treatment, fertilization, mulching, blowing sidewalks, and roads as needed,
and the removal of all litter and landscape debris, such as fallen palm fronds while on site.
All trees shall be trimmed to allow for a 10’ clearance at all times and is part of general
maintenance requirements.
Minor irrigation repairs are expected as part of the monthly service. Replacement parts
including heads, nozzles and rotors will be provided by the City upon receipt of request form
submitted with monthly wet check reports.
Before any repairs are to be made, the Director of Public Works or Designee will verify the
area of concern and make the determination as to whether the Awardee shall make the
repair or if the City will repair the system. If Awardee is selected to make the repair, the City
will furnish the parts, repairs will be completed and damaged or old parts will be returned to
the Director of Public Works or Designee for verification.
As part of contractors site inspection any areas that are not up to standards must be brought
into compliance within the first ninety (90) days of the contract and any costs associated with
this process shall be included as part of the per service cost and paid out as part of the
monthly payment over the contract term. These items will include initial weed control,
removal of dead plants, trimming of trees, pruning of shrubs and ground cover, removal of
exotic and/or invasive trees and plants.
1.33.2.1 MAINTENANCE FREQUENCY:
Page 666 of 1203
7
The work shall commence on October 1, 2020upon Notice To Proceed. All maintenance
sites shall be completed according to the time frame set out in this Bid Specification.
The AAwardee shall complete the work in the number of consecutive calendar days set forth
in this specification, unless the date of maintenance is extended pursuant to the approval of
the Director of Public Works or Designee. The Awardee shall provide to the Director of Public
Works or Designee a complete schedule of when work is to be performed on each site. Any
changes must have prior authorization and agreement between the City and the Awardee in
writing.
1.3.2.2 MAINTENANCE SCHEDULING
If the Awardee has an unforeseen circumstance, the Contractor he/she may service a site
24 hours prior to the initial maintenance scheduled date or 24 hours thereafter with prior
written approval from the Director of Public Works or Designee. The Director of Public Works
or Designees shall be the sole judge of what constitutes an unforeseen circumstance.
During drought conditions or acts of God, the Parks and Grounds Maintenance Department
reserves the right to suspend any and/or all parts of this award and payment with a 24-hour
notice to the Awardee. The Parks and Grounds Maintenance Department will provide a 24-
hour notice for re-institution of the award.
There shall be no provision provided for rain delays. It is the Awardee’s responsibility to
perform the requirements as set forth in this award. Any delays in service due to adverse
we ather shall only occur with prior written approval from the Parks and Recreation
representative, or within 48 hours to ensure scheduled service has been performed. There
shall be no provision provided for rain delays.
The section below (Section 4) shall be printed, given to the crew leader and kept with them
while service is performed so the crew is aware of all requirements while on site. In the future
the city will provide an application (app) usable on smartphones with a checklist to be
completed prior to leaving site.
1.3.24.3 MAINTENANCE AREA REQUIREMENTS:
Pre-inspection of the sites shall be done prior to performing maintenance. This shall include
de -littering the site, including any illegal dumping present on site. The trash, debris, signs,
etc., shall be disposed of properly at the expense of the Awardee. Mowing of all turf areas
within the site includes right of ways, perimeter roads, wa terwa y banks (to mean high water
line), and excludes natural maintained areas. All material cleaned up must be removed
from the worksite and disposed of in a recognized landfill or incinerator at the expense
of the Awardee. Blowing or sweeping debris into the street or storm water inlets is prohibited.
Formatted: No underline
Page 667 of 1203
8
On the Bid Sheets, the (the No of Applications (or Number of Applications) refers to the number of times the site will
receive a service. The number of services is as follows:
1 = 1 service per year
12 = 1 service per month
18 = 1 service per 3 weeks
26 = 1 service per 2 weeks
52 = 1 service per week
104 = 2 services per week
156 = 3 services per week
1 = 1 service per year
12 = 1 service per month
18 = 1 service per 3 weeks
26 = 1 service per 2 weeks
52 = 1 service per week
104 = 2 services per week
156 = 3 services per week
Basic Maintenance per service includes:
•a. Mowing (weed eating and blow off included)
•b. Shrub Trimming
•c. Edging
•d. Weed Control
•e. Pruning up to 10 feet (from existing grade)
•f. Monthly irrigation wet checks (including minor repairs)
• Monthly reports
g.
The additional bid sheet items are for services not included in Basic Maintenance, Mulching,
Fertilizers, or Pesticide applications, but may be required from time to time. Prices should
be provided so that should the City deem necessary,necessary; the additional work can be
assigned for the predetermined price.
SIDEWALK(S) -. Paths, trails , sidewalks, and other impervious improvements within site
perimeter shall be edged on both sides using mechanical edgers. All grass and weeds
growing in the cracks shall be removed. Any herbicide used to retard growth must include
a tracer and be approved by the Director of Public Works or Designee in writing prior to
use. Grass and weeds killed with herbicides must be removed after five to seven days.
Formatted Table
Formatted: Left, Indent: Left: 0"
Formatted: Indent: Left: 0.75", Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
Aligned at: 0.25" + Indent at: 0.5"
Formatted: Indent: Left: 0.75", Hanging: 0.25"
Formatted: Indent: Left: 0.75", Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
Aligned at: 0.25" + Indent at: 0.5"
Formatted: Font: (Default) Arial, 11 pt, Expanded by 0.05
pt
Formatted: List Paragraph, Indent: Left: 0.75", Don't add
space between paragraphs of the same style, No
widow/orphan control, Don't adjust space between Latin and
Asian text, Don't adjust space between Asian text and
numbers
Formatted: Not Highlight
Formatted: Tab stops: 0.75", Left
Page 668 of 1203
9
Paths, trails, and sidewalks shall be blown free of all grass, weeds, dirt, sand and any foreign
material or debris. Limbs hanging over sidewalks must be trimmed to a height of 10 feet
from the ground. Blowing or sweeping debris into the street or storm water inlets is
prohibited. Any limbs impeding walking, playing, biking, or general maintenance shall be
removed to a height of no less than 10 feet ONLY AFTER visual review of the Director of
Public Works or Designee and authorization from the City.
CURBS, GUARDRAILS, AND ROADWAYS -. Shall be edged with mechanical edgers,
trimmed, swept or blown free of all grass, weeds, shrubs, groundcover, dirt or foreign
material and debris. All plant material shall be maintained a minimum of 18 inches
behind the back of the curb. At no time should plant material be allowed to cover or
obstruct the curb line. Curbs that abut with concrete or asphalt walks shall be cleaned of
grass, weeds, shrubs, sand, gravel, trash, debris or anything unsightly. All grass or weeds
growing in or through cracks or breaks, or through concrete or asphalt shall be removed
using the same guidelines as above. All materials cleaned up shall be removed and
disposed of at the expense of the Awa rdee. Blowing or sweeping debris into the street or
storm water inlets is prohibited. Maintain plant material 5 feet off guardrail.
NON-CURB AREAS -. Any roadways where no curb or gutter exists shall be edged to the
edge of the pavement during each cycle. W here no curb exists, keep all plant material,
mulch, etc. a minimum of 36” off of roadway and/or shoulder. Any limbs impeding walking,
playing, biking, or general maintenance shall be removed to a height of no less than 10 feet
ONLY AFTER visual review of the Director of Public Works or Designee and authorization
from the City.
STORM SEWER/DRAINAGE GUTTERS, INGROUND UTILITY BOXES AND TREE
GRATES ON SITE OR DIRECTLY ABUTTING SITES -. Shall be cleaned and left free of
all grass/weed clippings, sand, rocks, foreign material, or other unsightly material. Any
broken, damaged, or missing grates must be reported to the city representative immediately.
No sand, debris, or other item shall be blown into storm drains per City code.
LITTER -. The Awardee shall remove trash from work area per scheduled maintenance visit
prior to mowing. All illegal dumping should be reported to the Parks Representative
upon arriving at the site. Do not relocate any trash, debris or junk from one area to an
adjacent lot or any unauthorized area as this is in violation of City of Boynton Beach
Ordinances and could jeopardize your position of being able to conduct business with the
City. Trash shall be disposed of at the County landfill, incinerator or other legal and
acceptab le means at the expense of the Awardee.
TURF MOWING -. Mower blades shall be set at a mowing height of three inches (except
Town Square Bermuda grass which will be 1”), or as directed by the Director of Public Works
or Designee. All mowing decks should be cleaned prior to mowing to prevent contamination
from other locations. Blades must be kept sharp at all times during mowing of grass. All turf
areas shall be litter free prior to mowing. Pre-inspection of the site shall be done prior to
performing maintenance. This shall include de -littering the site and removal of all snipe signs
within the park or right of wa y area. The trash, debris, signs, etc. shall be properly disposed
of. Extreme caution shall be used when working around parked vehicles, exposed tree roots,
and visitors. The Awardee must use mulching mowers and/or mower shoots with a rear
Page 669 of 1203
10
discharge and all safety features, including blade guards, must be engaged and in use at all
times.
LINE TRIMMING -. Line trimmers may be used to trim around telephone poles, sign
posts, buildings, play and ancillary equipment, and along and around fences (includes chain
link, post and rail, and bollards), etc. After areas have been sprayed with glyphosate and
show signs of being dead, the Awa rdee shall be responsible for removal within 7 days. No
blades, line only around trees, shrubbery, litter receptacles, fountains, and irrigation
controllers. Line trimmers must not be used within any three-foot tree ring. The awardee
shall be held responsible for all damage to tree trunks, coping, or other ornamental
materials.
EDGING -. All edging shall be done during each maintenance cycle and with a mechanical
edger. Line trimmers and trimmers with blades shall not be an acceptable practice.
LANDSCAPE BED MAINTENANCE -. Beds shall be free of weeds. Maintenance of all bed
areas shall be completed every visit. Plant materials within the beds shall be maintained
within the boundaries of beds, not allowed to encroach upon turf areas, sidewalks,
walkways, curbs, guardrails or roadways, etc. Plant materials shall be maintaine d at an
approved level of growth unless otherwise specifically identified by the Director of Public
Works or Designee. Plant material and shrubs installed at tips of medians that could interfere
with maintenance of traffic site lines shall be maintained year around at a height of no more
than 18” inches from the road surface or 18” from the curb elevation in any area identified
as being in a sight triangle. There shall be a clear line of definition between plant species in
all beds. Plants shall not be allowed to encroach or cover other plant species within the same
bed.
MULCH -. The Director of Public Works or Designee shall be the only authorization, as to, if
mulch is to be applied, how, and where at each maintained area.
Mulch,, shell or other ground covering should not be included in bidders per service price,
but as separate option pricing as indicated in ADDITION/DELETION COST BREAKDOWN
page of the Bid Response Pages. NOTE: The cost of materials and labor for mulch are a
separate line item on the Bid Response Page and should not be incorporated in the service
cost per location price. Bid shall consist of the installation of mulch in a uniformly applied
application of a minimum of 3” deep, except for play areas and around play equipment which
will be determined by the fall height guidelines in accordance with the International Play
Equipment Manufacturer’s Association (IPEMA).
Guidelines for Mulch Application (if applicable): A t no time shall a different mulch material(s)
be applied over an existing type of mulch unless approved by the Director of Public Works
or Designee. Mulch shall be installed during November and December of each award year
and must be installed within thirty (30) working days. A minimum mulch depth of three
inches ( 3 ” ) shall be applied upon approval. Awardee shall supply all mulch, labor and
equipment. Mulching material shall be horticultural grade “shredded Grade A”. No cypress
mulch shall be used. Mulch shall be Florida Eco-Mulch, eucalyptus, or other Parks and
Grounds Maintenance Department approved material. Mulch color material shall be
determined by Director of Public Works or Designee.
Frequency: Annually per location or as directed by the Contract Administrator. It is the
awardee’s responsibility to maintain a consistent mulch area all year long. If areas are
damaged or washouts occur, the awardee will replace the mulch in that area as part of this
Page 670 of 1203
11
BID.
a. At no time will mulch be allowed to flow into a street or over curb lines.
b. Mulch must be free from any foreign matter, weeds, seeds, or insects and must not
contain large pieces of bark or more than 10% bark by volume.
c. All areas where mulch is to be installed must first be clear of all weeds.
d. Existing mulch that is 3 inch or thicker must be removed prior to the installation of new
mulch.
e. Mulch shall be placed 3 inches away from base of plant.
f. Mulch shall be placed 6 inches from tree trunks.
g. Mulch (for common areas/plant beddings) must meet requirements of FS Q-P 166E
Class B for coarseness classification and be horticultural grade “shredded Grade
A”. Mulch (for play areas) must be in compliance with the American with Disabilities
Act (ADA), the Architectural Barriers Act (ABA) Standard aApproved and
International Play Equipment Manufacturer’s Association (IPEMA) certified.
TREE RINGS -. Three-foot diameter rings shall be maintained around those that have
established rings. The use of mechanical edger is preferred. These rings shall be maintained
with three to four inches of mulch unless prior approval by the Director of Public Works or
Designee. Line trimmers shall not be used within this three-foot ring. Glyphosphate or other
chemicals shall not be applied directly on the bark or foliage of any plants, trees, or shrubbery.
INSECT/PEST CONTROL -. All plants, shrubs and tree materials shall be inspected at time
of work insects/pests and appropriate methods shall be taken to control insects/pests found
through the use of approved insecticides/pesticides. Amdro is approved for fire ants. All
other chemicals shall be pre -approved by the Director of Public Works or Designee as
detailed in the technical specifications.
ALL TREES AND PALMS -. Trees and Palms shall be trimmed annually or as needed for
public safety, in all median and parkway areas, and from walkwa ys and vehicular traffic areas
within the medians and parkways to present an aesthetic appearance, to encourage healthy
vigorous growth, and to maintain effective safety procedures. Crown Reduction,
Restructuring, uplifting, or Removal should not be included in bidders per cycle price, but as
separate option pricing as indicated in ADDITION/DELETION COST BREAKDOWN page of
the Bid Response Pages.
However, occasional p runing is required for any limbs or branches that block site distances,
impede pedestrian or automobile traffic as part of each service. Maintain a minimum of 10’
clearance over all pedestrian and 16’ over traffic areas. Cuts shall be made with sharp an d
proper tools. When cutting parts of branches, leave a living bud at the end of the stub. Make
cuts sufficiently close to parent stem so that healing can readily start under normal conditions.
Limb cuts shall be clean and at the collar of each limb. Pruning shall also be required from
time to time to remove branches damaged from storms, frost or when blocking site lines, etc.
Suckers and wa terspouts shall be removed from the base of all trees during the maintenance
period.
Page 671 of 1203
12
All tree trimming will be completed by a certified as an ISA Certified Arborist from the
International Society of ArboricultureISA arborist, and certification certification shallwill be on file with the City at all times. ISA
standards are expected in relation to collar cuts, restructuring, or crown reduction. Up-Lifting
is not allowed unless determined by the City Landscape Architect.
FERTILIZER -. The Director of Public Works or Designee shall be the only authorization as
to if fertilizer is to be applied, how, and where at each maintained area. The Ccity may
authorize one or several awardees to apply fertilizer to all maintained areas. Please
reference bid sheets and include price per square foot of fertilization. If awarded, the Awardee
shall give written notice to the Director of Public Works or Designee and provide fertilizer
labels for review, four weeks prior to servicing sites with fertilization. All Federal, local, state
and county regulations must be adhered to.. All landscape beds, trees and plant material,
shall be fertilized (upon direction of Director of Public Works or Designee) a maximum of twice
(2X) per. All fertilizer shall be applied with ratios stated below.
1.3.2.4 FERTILIZER SPECIFICATIONS
All landscape beds, trees and plant material, shall be fertilized (upon direction of Director of
Public Works or Designee) a maximum of twice (2X) per the below ratio and/or season
schedules. All fertilizer shall be applied with ratios stated below:
Turf, Plants, Trees & Palms - Mid-March to Mid-April & November
needs::
PF/SE/007 -- Pence Park - Bermuda on the ballfield and St. Augustine in park.
PF/SW/003 - Congress Ave. Barrier Free Park - Bahia and St. Augustine turf
PF/NW/004 - Fire Station #5 - All Bahia
PF/NW/007 - Ezell Hester Center - Bermuda ball fields and St. Augustine
PF/NW/005 - Galaxy Park - Bermuda ball field and St. Augustine
PF/NW/017 - Carolyn Sims Center - Bermuda ball field and St. Augustine
St. Augustine & Bahia Turf 24-0-11 (approximately 50% slow release)
Nitrogen – 24% urea Nitrogen
Soluble Potash – 11%
Plus – Sulfur, Iron, Manganese, Chlorine
Bermuda & Zoysia Turf 15-0-15 (approximately 50% slow release)
Nitrogen – 4.5% Ammoniacal Mitrogen and 10.5% Urea Nitrogen
Soluble Potash – 15%
Trees – 7-1-7 (slow release)
Nitrogen - .39% Ammoniacal Nitrogen & 6.61% Urea Nitrogen
Available Phosphate – 1%
Soluble Potash - 7%
Plus – Sulfur, Iron, Manganese, Chlorine
Palms - 10-4-12 (slow release)
Nitrogen – 5% Ammnoniacal nitrogen & 5% Urea Nitrogen
Plus – Magnesium, Sulfur, Boron, Iron, Manganese, Chlorine
Page 672 of 1203
13
Flowering Shrubs – 14-14-14 (approximately 50% slow release)
Nitrogen – 5.45 % Ammoniacal Nitrogen & 8.55% Urea Nitrogen
Available Phosphate –14%
Soluble Potash - 14%
Plus – Sulfur, Iron, Manganese, Chlorine
Non-Flowering Shrubs - 13-3-13 (slow release)
Nitrogen –1.15% Ammoniacal Nitrogen &11.85% Urea Nitrogen
Available Phosphate –3%
Soluble Potash - 13%
Plus – Magnesium, Sulfur, Iron, Manganese, Chlorine
WEED CONTROL -. Controlling weeds with chemicals in all lawns, bed areas, concrete
slopes, tree grate areas, planters, etc., shall be in compliance with product labeling and the
State of Florida Agriculture Department’s Extension Service. Weed control shall be
performed at the early signs of weed growth and shall be repeated as required. The
manufacturer’s written instructions shall be strictly adhered to for application rates, etc.
Chemical herbicides may be used along building edges, tree wells, bed areas, etc., as long as
the appearance of dead vegetation is not apparent. Any damage to existing turf or plant material
due to herbicidal over-spray shall be the responsibility of the Awardee, and will be replaced at
their cost. The Awardee shall use an approved herbicide with tracer, which is recommended
for the control of the types of weeds encountered. The manufacturer’s written instructions shall
be strictly adhered to for application rates, etc. All weeds and refuse shall be removed from
the site as the work is in progress. Weed control by hand and/or spraying shall be completed
at the time of service or as specified by the Director of Public Works or Designee.
1.3.2.5 MAINTENANCE REQUIREMENTS SUMMARY:.
a. The Contractor shall mMow, weed, edge, trim, prune and blow and/or /sweep off hard
surfaces as – per maintenance frequencies of servicey of service.
b. The Contractor shall conduct iIrrigation wet check, minor irrigation repairs including
nozzle, head or rotor replacement.
c. The Contractor shall apply wW eed cControl in turf – per the frequency of service.
d. The Contractor shall r R eport Graffiti and Illegal Dumping per the – per frequency of service..
e. The Contractor shall cCheck trees/shrubs for disease and insects and report accordingly
as – per maintenance frequencies of service frequency of service.
f. The Contractor shall pPrune trees up to 14 foot as needed - upon discretion of The
Director of Public Works or Designee.
g. The Contractor shall fFertilize on a– biannually basis– and must advise of monitoring thirty (30)
days before application.
Page 673 of 1203
14
h. The Contractor shall mMulching – aAnnually – upon discretion of The Director of Public Works
or Designee.
i. The Contractor shall conduct mMangrove trimming on an – as needed basis, - upon the
discretion of The Director of Public Works or Designee.
j. The Contractor shall conduct fFire ant control on an – as needed basis, - upon discretion
of The Director of Public Works or Designee..
k. The Contractor shall conduct bBee rRemoval on an – as needed basis- upon discretion of
The Director of Public Works or Designee.
NOTE: This list is just a basic summary. It is the Awardee’s responsibility to meet all specifications set forth above.
1.3.3 PERFORMANCE WARRANTY:
The vendor shall guarantee all work, equipment and materials included in the service against
any defects in workmanship; and shall satisfactorily correct, at no cost to City, any such defect
that may become apparent within a period of one year after completion of work. The warranty
period shall commence upon date of acceptance, inspection and approval by City
Representative only. If the vendor is notified in writing of a deficiency in the work provided,
within one year from completion of the work, the vendor shall, at City's option, re- perform the
work in question at no additional cost to City, or refund the original charges for the work in
question to City, including the difference in cost if any, to re-perform the work if completed by
another vendor.
1.4 GENERAL REQUIREMENTS
A. REFERENCES:
Bidders shall complete a reference document submitted with their bid of at least three (3)
letters of reference from customers attesting to satisfactory performance of awards
performed within the past two years, each reference must have been for contracted
landscapinggrounds maintenance services on properties consisting of at least 1 acre, and includes
all of maintenance request items listed herein. This reference list shall be complete with
contact person(s), telephone numbers, and email addresses.
NOTE: The information requested must include a current contact name, phone number and
email address for each reference.
B. COMMUNICATIONS:
The contractor or his/her representative will meet with the City’s contract administrator every
other Monday, to discuss schedules, problems, needs, and mutual areas of concern.
C. QUALIFICATIONS:
The bidder shall provide references on the accompanying sheets in this bid package. The
Bidder shall be qualified in the landscape maintenance service field for a minimum of 5 years.
The bidder shall show that they have provided similar service in accordance with the bid
documents, and a review of a sample area (street address) shall be provided for review of
previous work quality expected in the bid documents.
Formatted: Font: Not Bold, No underline, Underline color:
Auto
Formatted: Font: Not Bold
Page 674 of 1203
15
The bidder(s) must have adequate organization, facilities, equipment and personnel to insure
prompt and efficient service. The City of Boynton Beach (COBB) reserves the right, before
recommending any award, to inspect the facilities to determine ability to perform. The City of
Boynton Beach COBB reserves the right to reject bids where evidence submitted,
investigation and/or evaluation, is determined to indicate inability of the bidder to perform.
All questions submitted (along with their source) are subject to Public Records Laws and as
such will be available for inspection upon receipt of a Public Records Request.
D. SECURITY AND ACCESS:
All contract/sub-contract employees will display City issued photo identification badges while
working on City premises. No contract/sub-contract employee will be allowed access to any
City facilities area without displaying the required City issued photo identification badge,
wearing uniform shirts clearly identifying the company’s name, and wearing closed toe, rubber
soled shoes at all times. Also, while shorts are acceptable, they cannot be more the 3” above
the knee caps.
The contractor/sub-contractor will work in several areas which are:
1. Under secured access
a) Shall be maintained in a secured condition and will be locked immediately upon
the contractor completing their work.
2. Generally opened to the public for meetings, rentals, and other uses.
E. SUB-CONTRACTING:
If a vendor intends to sub-contract any portion of this bid for any reason, the name and address
of the subcontracting firm must be submitted with the bid or prior to use for approval. No sub-
contracting will take place prior to bid-awarded vendor furnishing this information and
receiving written approval from the COBB. Subcontractors will be required to conform to the
Jessica Lunsford Act as noted in the Instructions to Bidders document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed in
the proper performance of an award or failed to deliver on-time contracts of a similar nature, or
wh o is not in the position to perform this award. The Contract Administrator reserves the right
to inspect all facilities of any subcontractor in order to make determination as to the foregoing.
The subcontractor will be equally responsible for meeting all requirements specified in this
Invitation to Bid. Vendors are encouraged to seek minority and women business enterprises for
participation in sub-contracting opportunities. The sub-contractor shall be equally responsible
for meeting all requirements specified in this Invitation to Bid.
F. PAYMENT / PAYMENT TERMS:
Payment will be made after the goods/services from the awarded vendor have been
received/completed; inspected and found to comply with award specifications, free of damage
or defect; and a properly billed invoice is received and processed in the Accounting Services
Department.
Payment will not be processed until the following occurs:
1. The complete and satisfactory receipt of all items ordered. All pricing in accordance
Page 675 of 1203
16
with the bid.
2. The receipt of a properl y billed invoice sent to the Contractor Administrator.
3. The contract shall be paid in 12 equal monthly installments.
Invoices to the COBB MUST include the following to permit verification of prices and
expedite payment to vendors:
1. Name and Address of Vendor
2. A Unique Invoice Number
3. Date of Service(s)
4. Itemized pricing to include copy of vendor’s invoice for any equipment and parts used
(including mark-up as specified in Attachment “C”.
5. City of Boynton Beach Purchase Order Number
Failure to timely submit invoices(s) within 30 days to the Contract Administrator as set forth
above may significantly delay processing and payment of the invoice.
The above terms and conditions are agreed to by submitting an offer on this bid.
G. INCORRECT PRICING ON /INVOICES:
Any pricing on invoices that are incorrect or freight charges that were not included on the
original Purchase Order, must be brought to the attention of the Contract Administrator and
corrected prior to the shipment(s) of goods or initiation of services. Additional costs that were
not brought to the Contract Administrator’s attention and did not receive written approval via a
Change Order issued by the Purchasing Agent Buyer may not be honored.
H. CHANGE ORDERS:
Any addition(s) to the Scope of Work or to a Purchase Order as a result of the bid award that
adds additional costs must be brought to the Contract Administrator’s attention and approved
by the Purchasing Department prior to commencement of additional work, shipment of goods
or the addition of unauthorized freight charges. Once approved, a Change Order will be issued
to include the additional costs and work may commence and/or shipment of goods can begin.
Additional costs that were not brought to the Contract Administrator’s attention and did not result
in a Change Order approved by the Purchasing Agent Buyer may not be honored.
I. COMPLETION OF SERVICES AND COMPLETION OF SERVICES/LIQUIDATED DAMAGES:
The completion date for repairs or projects shall not exceed quoted or set project schedule,
unless written request for extension and the approved authorization has been granted. Should
the bidder to whom the repair work is awarded, fail to complete the work within the number of
days stated in the quote, the COBB reserves the right to:
1. The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount
of damages which the City will suffer in the event the Contractor does not timely complete
the scope of work and/or perform to the technical specifications as outlined in the bid
documents and contract. The Contractor and City agree these liquidated damages shall be
assessed as damages, as provided in the Contract, and that they are not, and shall never be
considered to be a penalty.
2. Liquidated damages due to the City may be deducted from payments due the Contractor, or
may be collected from the Contractor or his Surety. These provisions for liquidated damages
Page 676 of 1203
17
shall not prevent the City, in case of the Contractor’s default, from terminating the right of the
Contractor to proceed as provided in the Contract.
3. Upon the occurrence of any failure to perform, the City shall notify the Contractor in writing
of the nature of the failure and of City's intention to request corrective action(s), assess
liquidated damages or either terminate the Contract.
4. Upon receipt of any such notice, Contractor, unless the notice requires otherwise:
0.
satisfactory to the City’s requirements within one (1) calendar day;
•
assessed as shown below under Section 1.5 – Liquidated Damages:
•
automatically be grounds for termination of the contract.
1.5. Liquidated Damages – The Liquidate Damages shall be assessed as follows:
Parks
•a. Missed/Noncompliant Mowing of Turf/Grass 12.5% per occurrence
•b. Missed/Noncompliant Trimming/Pruning 20.0% per occurrence
•c. Missed/Noncompliant Litter Control 1.25% per occurrence
•d. Missed Wet Check 10.0% per occurrence
•e. Missed/Noncompliant Edging/Line Trimming 1.25% per
occurrence
•f. Missed/Noncompliant Weed Control 10.0% per occurrence
If the COBB exercises one of these options, the COBB may at its option request payment from
the bidder through invoice or credit memo, for any additional costs over and beyond the original
quoted prices, which we re incurred by the COBB as result of having to secure the services
elsewhere or for liquidated damages. If the bidder fails to honor this invoice or credit memo, the
COBB may remove that bidder from the contract.
J. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER:
The successful Bidder shall promptly correct all deficiencies and/or defects in work and/or any
work that fails to conform to the Contract Documents; whether or not fabricated, installed or
completed. All corrections shall be made within 24 hours after such rejected defects,
deficiencies, and/or non-conformances are reported in writing (email, memo, inspection
reports, etc.) to the Bidder by the Contract Administrator or designee. The Bidder shall bear
all costs of correcting such rejected work. If the Bidder fails to correct the work within the period
specified; the COBB may, at its discretion, notify the Bidder, in writing, that the Bidder is
contractually default and obtain the services of another vendor to correct the deficiencies, and
charge the Bidder for these costs; either through a deduction from the final payment owed to
the Bidder or through invoicing.
Page 677 of 1203
18
INVITATION TO BID (ITB)
FOR
“LANDSCAPE MAINTENANCE SERVICES – PARKS, FUTURE PARKS/SCRUB
PERIMETERS”
SECTION 2 – INSTRUCTIONS TO BIDDERS
2.1 Electronic Invitation to Bid (ITB’s) shall be received by the City’s e-Procurement bidding
system no later than: September 1 October 21, 2020 , 2020 No Later Than 2:30 PM (Local Time).
2.2 Late responses are not permitted by the bidding system. It shall be the sole responsibility of
the Bidder to have their ITB submittal submitted online.
2.3 Bidders shall acknowledge receipt of any addenda through the Bidding System by checking
a box for each addenda and any applicable attachment.
2.4 It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders
should check online at Boynton-beach.bidsandtenders.net prior to submitting their bid and up
until the ITB closing time and date in the event additional addenda are issued.
2.5 To obtain documents online please visit Boynton-beach.bidsandtenders.net. You may preview
the ITB documents with a Preview Watermark prior to registering for the opportunity.
Documents are not provided in any other manner.
2.6 ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System.
Hardcopy submissions are not permitted.
Page 678 of 1203
19
2.7 Bidders are cautioned that the timing of their bid submission is based on when the bid is
RECEIVED by the bidding system, not when a bid is submitted, as the submittal transmission
can be delayed due to file transfer size, transmission speed, etc.
2.8 For the above reasons, it is recommended that sufficient time to complete your bid Submission
and to resolve any issues that may arise. The closing time and date shall be determined by
the Bidding System’s web clock.
2.9 Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior
to the closing time and date, if they encounter any problems. The Bidding System will send a
confirmation email to the Bidder advising that their submittal was submitted successfully. If
you do not receive a confirmation email, contact bids&tenders support at
support@bidsandtenders.net.
2.10 Late Submittal Responses are not permitted by the Bidding System.
2.11 To ensure receipt of the latest information and updates via email regarding this Invitation to
Bid, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the
Bidder to create a Bidding System Vendor account and register as a Plan Taker for the
Solicitation.
2.12 All expenses for making ITB responses to the City are to be borne by the Bidder.
2.13 A sample draft agreement that the City intends to execute with the successful firm(s) is
contained within this Invitation to Bid for review. The City reserves the right to modify the
contract language prior to execution.
2.14 Each Bidder, by submission of a bid response, acknowledges that in the event of any legal
action challenging the award of an ITB; damages, if any, shall be limited to the actual cost of
the preparation of the ITB.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
Page 679 of 1203
20
INVITATION TO BID (ITB)
No. 024-2730-20/RW031-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – PARKS, FUTURE PARKS/SCRUB
PERIMETERS”
SECTION 3 – BIDDER SUBMISSION REQUIREMENTS
3.1 SUBMISSION OF INVITATION TO BID
A. The Contractor shall provide all services and necessary items of expense, including but not
limited to labor, material, trucking, transportation, equipment, power, supervision, and all other
services and items of expense required for the complete performance of all Work.
B. Pay legally required sales, consumer, and use taxes.
C. Pay all charges by all suppliers and subcontractors to the Contractor for such work as
supporting, replacing, moving or providing protection for their facilities as necessitated by the
Contractor's operation.
D. Pay all costs of restoration of pavements, landscaping, and structures damaged by the
Contractor's operation, including all staging areas solely to the satisfaction of the City
E. Give all required notices.
F. Comply with laws, codes, ordinances, rules, regulations, orders, and other legal requirements
of public or quasi-public authorities that bear on the performance of the work.
G. The Contractor shall be responsible for safely barricading open excavations which may
present hazards.
H. The Contractor shall be responsible for securing all tools, equipment and material at the job
site.
I. Ensure that all personnel are properly dressed with OSHA approved clothing and safety gear,
including but not limited to hard hats, work shoes, shirts and long pants, as appropriate for the
performance of the Work.
8. Submittal of General Information and Procurement Forms and Documents
Procurement forms must be completed, signed, notarized, uploaded and or
acknowledged when required and submitted. In addition, all other requests and
supporting documentation should be included.
A) Bidder Qualification Statement – Upload Online
B) Addenda Acknowledgement – Online Acknowledgement
C) Anti-Kickback Affidavit – Upload Online
D) Non-collusion Affidavit of Bidder – Upload Online
E) Confirmation of Minority Owned Business - Online Form
F) Certification Pursuant to Florida Statute § 287.135 - Upload Online
Page 680 of 1203
21
G) Confirmation of Drug Free Workplace - Online Acknowledgement
H) Palm Beach Inspector General - Online Acknowledgement
I) Local Business Certification - Online Form
J) Statement of Non-Submittal (if applicable) - Online Form
K) Schedule of Sub-Consultants – Online Form
L) Submit current Florida Professional License, including evidence of
possession of required licenses or business permits – Attach and Upload
M) Submit proof of Professional Liability Insurance at the levels identified on the
Insurance Advisory Form – Attach and Upload
N) Submit any Supplemental information relative to this ITB – Attach and
Upload
O) Mandatory Pre-Proposal Conference and Site Visit will be held at 10 AM on
October 01, 2020 at CITY OF BOYNTON BEACH CITY HALL, 100 EAST
OCEAN AVENUE, BOYNTON BEACH, FL 33435. Attendance is mandatory.
P) Question Deadline: October 7, 2020, No Later Than 12:00 P.M.
3.1.1 PROOF OF LICENSING:
The ContractorBidders shall submit proof of current licensing, ISA Arborist Certification, Professional
Mangrove Trimming Certification, herbicide and pesticide licenses, and MOT Certification and shall
maintain continuous licensing throughout the award period.
BID SHEET IS A
SEPARATE DOCUMENT
WHERE YOU WILL INPUT
PRICES WITHIN THE
SYSTEM
Page 681 of 1203
22
INVITATION TO BID (ITB)
No. 024-2730-20/RW031-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – PARKS, FUTURE PARKS/SCRUB
PERIMETERS”
SECTION 4 – GENERAL CONDITIONS
DEFINITIONS AND TERMS:
The terms used in these specifications are defined as follows:
OWNER: CITY OF BOYNTON BEACH
OWNER’S
REPRESENTATIVE: GARY DUNMYER, PE, CITY ENGINEER
PROJECT MANAGER: MATTHEW DOYLE, RLA, CITY LANDSCAPE ARCHITECT
CONTRACTOR: The person, firm or corporation with whom this Contract is executed by
the Owner.
SUBCONTRACTOR: Any person, firm or corporation other than the Contractor supplying
material or labor for work at the site of the project. Such person or firm
has contractual relations with the Contractor, but not with the Owner.
CONTRACTOR LICENSE
REQUIREMENT: Registered Certified General Contractor, Registered Landscaping
Contractor, ISA Certified Arborist
SURETY: Any person, firm or corporation that has executed as Surety the
Contractor’s performance bond securing the performance of this Contract.
CONTRACT: The agreement executed by the Owner and the Contractor covering the
work to be performed and including all Contract Documents.
Page 682 of 1203
23
SPECIFICATIONS: The detailed written description of the work.
DRAWING(S): The drawings listed and described in the Contract Documents.
PROJECT: The entire services or installation to be performed as set forth in the
Contract Documents.
CLAIMS AND NOTICES: A notice is defined to be information rendered by either party to the other
upon a condition becoming known pursuant to the following requirements.
All claims, requests, substitutions, changes, notice, delays and any and all
other forms of notices or claims by the Contractor to the Owner or Engineer
must be in writing and promptly presented. If none is so made, it is
irrefutably presumed not to have been given by the Contractor to the Owner
or Engineer.
1. FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance
with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect
the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way
relieve bidder of responsibility to adhere to such regulations.
2. ITB FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and
descriptive information must be legibly entered. The bidder must state the price and the time of
delivery for which they propose to deliver the equipment or service requested. The bidder IS required
to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place
all required bid forms in a sealed envelope that has the company’s name and address, Bidder title,
number, Bidder date and time on the outside of the sealed envelope. Bidders not submitted on
appropriate proposal forms may be rejected. All Bidders are subject to the conditions specified herein.
Bidders which do not comply with these conditions are subject to rejection.
3. EXECUTION OF ITB: ITB must contain a manual signature of an authorized representative in the
space provided on all affidavits and bid sheets.
4. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part
of the evaluation process in determining the award of bidder. Demonstrations of the merits of the
equipment/services that meet City requirements shall be requested by Procurement Services.
Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned
per the individual bid product or service application, will form the Bid Award Committee to evaluate
and submit a group award recommendation. The City reserves the right to make separate and
independent awards based on its needs and the combined evaluation results.
5. PRICE ESCALATION/DE-ESCALATION: The City of Boynton Beach will allow a price escalation/de-
escalation provision within this award after the first year of service.
The original bid prices shall be firm for a one (1) year minimum period. A price escalation/de-
escalation will be allowed one (1) year after the beginning of the award period and at one (1) year
intervals thereafter, provided the Contractor notifies the City of Boynton Beach, in writing, of the
pending price escalation/de-escalation a minimum of 60 days prior to the effective date of the price
escalation/de-escalation. The price escalation percentage change shall not exceed the previous one
(1) year’s percentage change of the Consumer Price Index (CPI) published by the U.S. Department of
Page 683 of 1203
24
Labor’s Bureau of Labor Statistics. The City of Boynton Beach obtains this CPI Index from The
Municipal Cost Index, developed exclusively by American City and County Magazi ne and can be found
at http://americancityandcounty.com/mciarchive/. Failure to comply with these instructions shall
be grounds for disallowance of a price escalation as allowed herein.
6. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may
invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically
noted in the bidder’s submittal on a separate sheet marked “EXCEPTIONS TO THE
SPECIFICATIONS” and this sheet shall be attached to the bid. The use of bidder’s standard forms,
or the inclusion of manufacturer’s printed documents shall not be construed as constituting an
exception within the intent of the Contract documents.
7. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed
which would necessitate alteration of the material, quality, workmanship or performance of the items
offered on this submittal prior to their delivery, it shall be the responsibility of the successful bidder to
notify the City at once, indicating in a letter the specific regulation which required an alteration. The
City reserves the right to accept any such alterations, including any price adjustments occasioned
thereby, or to cancel the Contract at no expense to the City
8. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with
specifications under the direction of appropriate testing laboratories. The data derived from any tests
for compliance with specifications are public records and open to examination thereto in accordance
with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected
and returned at vendor’s expense. These items and items not delivered as per delivery date in the
bid and or Purchase Order may result in the bidder being found in default in which event any and all
procurement costs may be charged against the defaulted Contractor. Any violation of these
stipulations may also result in the vendor’s name being removed from the City of Boynton Beach’s
vendor mailing list.
9. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder,
the decision of the City Manager shall be final and binding on both parties.
10. NO SUBMITTAL: A no submittal response can be submitted online through the e-Procurement
bidding system.
11. ITB DEADLINE: It is the Bidder’s responsibility to assure that the ITB is submitted electronic by or
at the proper time and date prior to the ITB deadline. Late submittal responses are not permitted by
the Bidding System.
12. RIGHTS OF THE CITY: The City expressly reserves the right to:
A. Waive as an informality, minor deviations from specifications at a lower price than the most
responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is
determined that total cost is lower and the overall function is improved or not impaired;
B. Reject or cancel any or all ITB’s;
C. Reissue an Invitation to ITB;
D. Extend the ITB deadline time and date;
E. Consider and accept an alternate bid as provided herein when most advantageous to the City.
F. Increase or decrease the quantity specified in the Invitation to Bid;
Field Code Changed
Page 684 of 1203
25
13. STANDARDS: Factors to be considered in determining whether the standard of responsibility has
been met include whether a prospective Bidder has:
A. Available the appropriate financial, material, equipment, facility, and personnel resources and
expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual
requirements;
B. A satisfactory record of performance;
C. A satisfactory record of integrity;
D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach;
E. Supplied all necessary information in connection with the inquiry concerning responsibility.
14. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to
the Purchasing representative through the Bidding System only by clicking on the “Submit a Question”
button for this specific ITB no later than ten (10) days prior to the ITB deadline. Inquiries must
reference the date by which the ITB is to be received.
15. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded
a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide
to other governmental agencies, so requesting, the products or services awarded in accordance with
the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination
to the requesting agency.
16. AWARD OF CONTRACT: The low monetary bid will notNOT in all cases be awarded the Contract or
Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive,
responsible bidder whose bid represents the most advantageous bid to the City, price and other
factors considered. Evaluation of bids will be made based upon the evaluation factors and standards
set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as
set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting
from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In
no case will the award be made until all necessary investigations have been made into the
responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is
qualified to do the work and has the necessary organization, capital and equipment to carry out the
required work within the time specified.
17. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding
that all items/services delivered must meet the specifications herein. Items/services delivered not as
specified, will be returned at no expense or penalty to the City of Boynton Beach.
18. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that
the seller is responsible for the shipment until it reaches its destination. Any and all freight charges
are to be included in the bid total. The bidder’s invoice payment terms must be shown.
19. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories
and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship.
This warranty shall be for a period of 365 days or the time designated in the standard factory warranty,
whichever is longer. The warranty will be the same as that offered to the commercial trade and shall
be honored by any of the manufacturer’s authorized dealers. Warranty will cover parts, labor and any
necessary shipping. Warranty repairs may be accomplished on City property, if space is available;
this will be at the sole discretion of the City. Contact Procurement Services for permission to perform
warranty service on City property. Warranty to start at the time of acceptance by the City; however,
in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a
Page 685 of 1203
26
delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement
Services.
20. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include
all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is
requested to offer a cash discount for prompt invoice payment. Discount time will be computed from
the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office
specified, whichever is later.
Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service
has been delivered/performed in a satisfactory manner in accordance with the specifications, the City
shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made
by the using department and merits of performance evaluated. This total acceptance will be done in
a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any
equipment/service has to be rejected for any reason, the bidder shall be required to pick up the
equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs
may be accomplished on City property if space is available; this will be at the discretion of the City.
Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or
damages have been proven to be the result of negligence by the City.
A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities.
B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices,
extensions and all instructions pertaining to supplies and services. Failure to do so will be at
bidder’s risk.
C. DISCOUNTS: Will be considered in determining the lowest net cost.
D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as
a result of this bid shall be new (current production model at the time of this bid). All containers
shall be suitable for storage or shipment, and all prices shall include standard commercial
packaging.
E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and
fabricated assemblies shall carry U.L. approval and reexamination listing where such has been
established.
21. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is
of importance to the City and the bidder is hereby notified that the date of delivery will be considered
as a factor in the evaluation of the bids
22. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses
and permits, if required, to complete this service at no additional cost to the City. Licenses and permits
shall be readily available for review by the Purchasing Agent Buyer and City Inspectors.
23. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material,
equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if
awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found
to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring
the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne
by the bidder.
Page 686 of 1203
27
Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and
State safety regulations and requirements.
24. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of
the City of Boynton Beach, Palm Beach County, of the State of Florida.
25. SUBCONTRACTING: If a Bidder subcontracts any portion of a Contract for any reason, the Bidder
must state the name and address of the subconsultant and the name of the person to be contacted
on the attached “Schedule of Subconsultants”. The City of Boynton Beach reserves the right to
accept or reject any or all bids wherein a subconsultant is named and to make the award to the bid,
who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City.
The City also reserves the right to reject a bid of any Bidder if the bid names a subconsultant who
has previously failed in the proper performance of an award or failed to deliver on time Contracts of
a similar nature, or who is not in a position to perform properly under this award. The City reserves
all rights in order to make a determination as to the foregoing.
26. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the
meaning of the Contract documents. Since all addenda are available to the Bidder through the City’s
e-Procurement system Boynton-beach.bidsandtenders.net, it is each Bidder’s responsibility of each
bid to have receive all addenda that are issued. Bidders should check online at Boynton-
beach.bidsandtenders.net prior to submitting their bid and up until the ITB closing time and date in
the event additional addenda are issued. If a Bidder submits their bid prior to the ITB closing time and
date and any addenda have been issued, the Bidding System shall withdraw the Bidder’s submission
and the submittal status will change to an incomplete status and withdraw the bid submittal. The
Bidder can view this status change in the “MY BIDS” section of the Bidding System.
The Bidder is solely responsible to:
• make any required adjustments to their Bid; and
• acknowledge the addenda; and
• Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated
bid closing time and date
27. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the Bidder offers
and agrees that if the bid is accepted, the Bidder will convey, sell, assign or transfer to the City of
Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire
under the antitrust laws of the United States and State of Florida for price fixing relating to the
particular commodities or services purchased or acquired by the City of Boynton Beach. At the City
of Boynton Beach’s discretion, such assignment shall be made and become effective at the time the
Purchasing Division tenders final payment to the Bidder.
28. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations
that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder will in no
way be a cause for relief from responsibility.
29. ON PUBLIC ENTITY CRIMES –provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a
contract with a public entity for the construction or repair of a public building or public work, may not
submit Bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not
Page 687 of 1203
28
transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
30. SCRUTINIZED COMPANIES - 287.135 and 215.473
Bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder 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 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.
Solicitation responses of $1 million or more must include the attached Scrutinized Companies form
to certify that the Bidder is not on either of those lists.
31. NON-COLLUSION AFFIDAVIT: Each Bidder shall complete the Non-Collusion Affidavit Form and
shall submit the form with their bid. The City considers the failure of the Bidder to submit this
document to be a major irregularity, and may be cause for rejection of the bid.
32. ANTI-KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti-Kickback Affidavit Form and shall
submit this form with their bid. The City considers the failure of the Bidder to submit this document to
be a major irregularity, and may be cause for rejection of the bid.
33. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach
to increase the participation of minority-owned businesses in its contracting and procurement
programs. While the City does not have any preference or set-aside programs in place, it is
committed to a policy of equitable participation for these firms. Therefore, each bidder shall complete
the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal.
34. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any
commercial advertising. Violation of this stipulation may be subject to action covered under
“NONCONFORMANCE WITH CONTRACT CONDITIONS”.
35. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may
be come due hereunder are not assignable except with the prior written approval of the City.
36. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida
its officers, agents, volunteers and employees from liability of any kind in the performance of this
Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense
of the City, its City Commissioners, agents, servants an employees from and against any and all
claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any
personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder’s
operation pursuant to this Contract and from and against all costs, counsel fees, expenses and
Page 688 of 1203
29
liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action
or proceedings brought thereon, and from and against any orders or judgments which may be entered
therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or
action against the City arising directly or indirectly from the operations of the bidder hereunder, for
which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this
Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The
bidder shall also be liable to the City for all costs, expenses, attorneys’ fees and damages which may
be incurred or sustained by the City by reason of the bidder’s breach of any of the provision of the
contract. Bidder shall not be responsible for negligent acts of the City or its employees.
37. 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
E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONSULTANT’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.USCRYSTAL GIBSON (CITY CLERK)
Page 689 of 1203
30
38. FUNDING OUT:
The resultant 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 for 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.
39. PALM BEACH COUNTY INSPECTOR GENERAL:
The contractor is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of any contracts resulting
from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from
the contractor and its subcontractors and lower tier subcontractors. The contractor understands and
agrees that in addition to all other remedies and consequences provided by law, the failure of the
contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector
General when requested, may be deemed by the municipality to be a material breach of this contract
justifying its termination.
40. LOCAL BUSINESS PREFERENCE:
The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business
preference.
“For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City
shall give preference to a Local Business if the Local Business’ bid is determined to be within five
percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and
responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder
returning the highest amount to the City, the same preference set forth herein shall be applied with
respect to the highest bid.”
In order to be considered for a local business preference, a bidder must include the Local Business
Status Certification Form at the time of bid submittal.
Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible
for the local business preference for this solicitation.
41. BRAND NAMES:
Use of a brand name, trade name, make, model, manufacturer, or vendor catalog number in
specifications is for the purpose of establishing a grade or quality of material only. It is not the COBB's
intent to rule out other competition, therefore, the phrase
OR ACCEPTABLE EQUAL is added. However, if a product other than that specified is bid, it is the
vendor's responsibility to submit with the bid brochures, samples and/or detailed specifications on
items bid. The COBB shall be the sole judge concerning the merits of bid submitted.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the
specified brands, and shall indicate ANY deviation from the specifications as listed. Other than
specified items offered requires complete descriptive technical literature marked to indicate detail(s)
conformance with specific COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been
no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or
Page 690 of 1203
31
ordered as a result of this bid. Seller agrees to hold the purchaser harmless from any and all liability,
loss or expense occasioned by any such violation.
42. PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extend total. Prices must
be stated in units of quantity specified in bid specifications. In case of discrepancy in computing the
amount of the bid, the UNIT PRICE quoted will govern. All prices FOB destination, freight prepaid
(unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will
be in accordance with terms and conditions stated herein. Each item must be bid separately and no
attempt is to be made to tie any item or items in with any other item or items. Cash or quantity
discounts offered will not be a consideration in determination of award of bid(s). If a bidder offers a
discount, it is understood that a minimum of 30 days will be required for payment, and the discount
time will be computed from the date of satisfactory delivery at place of acceptance and receipt of
correct invoice at the office specified.
43. CONDITIONS AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current
production model at the time of the bid). All containers shall be suitable for storage or shipment, and all
prices shall include standard commercial packaging.
44. DELIVERY:
Unless actual date of delivery is specified, show number of days required to make delivery after receipt
of purchase order in space provided. Delivery time may become a basis for making an award (See
Special Conditions). Delivery shall be within the normal working hours of the user, Monday through
Friday, excluding holidays unless otherwise specified on the purchase order.
45. QUALITY:
The items bid must be new and equal to or exceed specifications. The manufacturer's standard guarantee
shall apply. During the guarantee period the successful bidder must repair and/or replace the unit without
cost to the COBB with the understanding that all replacements shall carry the same guarantee as the
original equipment. The successful bidder shall make any such repairs and/or replacements immediately
upon receiving notice from the COBB.
46. SAMPLES, DEMONSTRATIONS AND TESTING:
Samples of items, when required, must be furnished free of expense and if not destroyed, will upon
request, be returned at the bidder's expense. Request for the return of the samples must be indicated on
his or her bid. Each individual sample must be labeled with bidder's name, bid number and item number.
Failure of bidder to either deliver required samples or to clearly identify samples as indicated may be
reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Contract
Administrator.
When required, the COBB may request full demonstrations of any units bid prior to the award of any
contract.
Page 691 of 1203
32
Items may be tested for compliance with specifications under the direction of the Florida Department of
Agriculture and Consumer Services, or an independent testing laboratory. Bidders shall assume full
responsibility for payment for any and all charges for testing and analysis of any materials offered or
delivered that do not conform to the minimum required specifications. Bidder's disposition of all items
delivered in this category must be at no expense to the COBB.
47. INSPECTION AND ACCEPTANCE OF GOODS:
The awarded bidder shall be responsible for delivery of items in good condition at point destination. Bidder
shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted
from invoices. The COBB will note, for the benefit of successful bidder, when packages are not received
in good condition. In the event the material and/or services supplied to the COBB is found to be defective
or does not conform to specifications, the COBB reserves the right to cancel the order upon written notice
to the seller and return the product to seller at the seller's expense.
In the event the awarded bidder receives notice that a product delivered to the COBB has been recalled,
seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit
for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by any State or
Federal regulatory agency, the awarded bidder shall notify the COBB’s Bid Purchasing Agent Buyer within two business
days of receiving such notice. The COBB’s acceptance or failure to reject the affected product as non-
conforming shall not in any way impact, negate, or diminish the awarded bidder’s duty to notify the
COBB’s Purchasing Agent Buyer that the affected product has been recalled, seized or embargoed, and/or has been
determined to be misbranded, adulterated, or found to be unfit for human consumption. The form and
content of such notice to the COBB shall include the name and description of the affected product; the
approximate date the affected product was delivered to the COBB; the bid number; and relevant
information relating to the proper handling of the affected product and/or proper disposition of the affected
product by the COBB, if necessary to protect the health, welfare, and safety of COBB students or
employees; and any health hazards known to the awarded bidder which may be caused or created by
the affected product. The awarded bidder shall, at the option of the Purchasing Department and/or
Purchasing Agent, either reimburse the purchase price or provide an equivalent replacement product at
no additional cost to the COBB. Unless it was absolutely necessary for the COBB to dispose of the
affected product, the awarded bidder shall be responsible for removal and/or replacement of the affected
product within a reasonable time, as determined by the COBB, without causing significant inconvenience
to the COBB.
At the option of the COBB, the awarded vendor may be required to reimburse storage and/or handling
fees to be calculated from time of delivery and acceptance to actual removal or disposal. The awarded
vendor will bear all costs associated with the removal and proper disposal of the affected product. The
failure to reimburse the purchase price and storage and/or handling fees or to remove and/or replace the
affected product with an equivalent replacement within a reasonable time without significant
inconvenience to the COBB will be considered a default.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
Page 692 of 1203
33
INVITATION TO BID (ITB)
No. 024-2730-20/RW031-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – PARKS, FUTURE PARKS/SCRUB
PERIMETERS”
SECTION 5 – SPECIAL CONDITIONS
1. It will be the responsibility of the successful Bidder to supply necessary labor for completion of
services if requested by the City of Boynton Beach.
2. The City by written notice may terminate in whole or in part any Contract resulting from this ITB
when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall
be liable for only payment for services rendered prior to the effective date of termination. Services
rendered will be interpreted to include costs of items already delivered plus reasonable costs of
supply actions short of delivery.
3. It shall be the responsibility of the successful Bidder to maintain workers’ compensation insurance,
professional liability, property damage liability insurance and vehicular liability insurance; during the
time any of his personnel are working on City of Boynton Beach property. Loss by fire or any other
cause shall be the responsibility of the vendor until such time as the items and/or work has been
accepted by the City. The successful Bidder shall furnish the City with a certificate of insurance
after award has been made prior to the start of any work on City property. Said insured companies
must be authorized to do business in the State of Florida and the City will not accept any company
that has a rating less than B+ in accordance to A.M. Best’s Key Rating Guide, latest edition.
4. The City of Boynton Beach reserves the right, before awarding a Contract to require a Bidder to
submit such evidence of qualifications as it may deem necessary, and may consider any evidence
available to it of the financial, technical and other qualifications and abilities of a Proposer, including
past performance (experience) with the City in making the award in the best interest of the City.
5. The successful Bidder shall at all times guard from damage or loss of property of the City or of other
vendors and shall replace and/or repair any loss or damage unless such has been proven to have
been caused by the City, or other vendors. The City may withhold payment or make such deductions
as it may deem necessary to insure reimbursement for loss or damage to property through
negligence of the successful Bidder or his agent.
6. PAYMENT AND PERFORMANCE BONDS:
ANNUAL CONTRACT OF $100,000 AND LESS
Formatted: Indent: Hanging: 0.5"
Formatted: Font: Not Bold
Page 693 of 1203
34
No payment and performance bonds will be required for annual contracts valued at $100,000 and
less per year.
ANNUAL CONTRACT OF $100,001 - $300,000
For each annual contract in an amount from $101,000 to $300,000, furnish to the City and maintain
in effect throughout the duration of the contract, Payment and Performance Bonds in the amount of
$25,000, as security for faithful performance of work and for the payment of all persons performing
labor and furnishing materials in connection therewith. In the event that the annual contract amount
exceeds $300,000, the Contractor shall furnish additional Payment and Performance Bonds in the
amount of $25,000.
ANNUAL CONTRACT OF $300,001 AND ABOVE
For each annual contract in an amount of $301,000 and above, furnish to the City and maintain in
effect throughout the duration of the contract, Payment and Performance Bonds in the amount of
$50,000, as security for faithful performance of work and for the payment of all persons performing
labor and furnishing materials in connection therewith.
7. RECORDING OF CONTRACT BOND: Before commencing the work, Contractor(s) shall provide
to City a certified copy of the recorded bond(s). City may not make any payment to Contractor until
Contractor has complied with this requirement.
8. POWER OF ATTORNEY: Attorneys-in-fact who sign Bid Bonds or Contract Bonds shall
file with each bond an original, certified and dated copy of their power of attorney.
9. QUALIFICATION OF SURETY: The Payment and Performance Bonds shall be executed by a
surety company of recognized standing authorized to do business in the State of Florida and having
a resident agent in the State of Florida for purposes of service of process. The surety company
shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance
with U.S. Department of Treasury Circular 570, current revision, or meet the criteria established as
to acceptable surety companies by the Board of Commissioners of State Institutions, March 18,
1958, or the equivalent thereof. A surety shall be deemed not qualified if the surety shall have a
receiver appointed for it, or if it shall declare or file or has filed for bankruptcy.
10. PERFORMANCE: The Contractor may be required to furnish evidence in writing that he or she
maintains a permanent place of business and has adequate equipment, finances, personnel, and
inventory to furnish the items offered satisfactorily and expeditiously, and can provide necessary
services.
11. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that,
during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton
Beach shall be given "first priority" for all goods and services under this contract (if applicable).
Bidder agrees to provide all goods and services to City of Boynton Beach throughout the
emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a
priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone
number and address to the City in the event of such an emergency. Failure to provide the stated
priority/preference during an emergency/disaster shall constitute breach of contract and make the
bidder subject to sanctions from further business with the City.
12. CONTRACTOR RESPONSIVENESS: The Contractor representative will be available to meet the
Director of Public Works or Designee upon request to discuss schedules, performance issues,
problems, needs, and mutual areas of concern. The use of the Landscape Maintenance Report
Formatted: Indent: Left: 0.38", No bullets or numbering
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Hanging: 0.5"
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Hanging: 0.5"
Formatted: Indent: Hanging: 0.5"
Formatted: Indent: Hanging: 0.5"
Page 694 of 1203
35
will establish a system whereby notice is given by the City to the Contractor indicating any
performance issues.
Contractor will be required to maintain a local office during the duration of the contract term to
provide support, oversite, and/or respond to requests by the City. Local office means an office
within Palm Beach County, Broward County, or Martin/St. Lucie County. An office within Palm
Beach County is preferred.
At all times while the contractor’s crews are working, if requested by the City, the contractor’s
representative is required to respond to a request for a meeting within forty- five (45) minutes.
Any other time during the City’s business hours, the contractor’s representative is required
respond to the City’s request for a meeting within 2 hours upon being notified.
WORK INSPECTIONS: The Contractor shall, at all times, allow the Director of Public Works or
Designee the opportunity to inspect the work done, or being done, under this Award.
All maintenance work shall be monitored by the representative(s) of the City of Boynton Beach
Parks and Grounds Maintenance Department. Work performed by the Contractor on Saturdays
and Sundays must be requested in writing (via email) 24 hours in advance and approved by the
Director of Public Works or Designee prior to execution. Work not approved will be required to be
re-done, and must be re-done and completed within 24 hours after notice that the work was
rejected. Notice will be returned to the Contractor within 24 hours of inspection of any work
rejected. Re-done work cannot be combined with next cycle and must be completed and approved
before next cycle can commence.
13. AUTHORITY OF THE CITY REPRESENTATIVES: The authority of the Director of Public Works
or Designee shall not be limited to the fo llowing enumeration, for it is the intent of this award that
all of the work shall be subject to the Director of Public Works or Designee determinations and
approval, except where the determination or approval of someone other than the Director of Public
Works or Designee is expressly called for herein.
1. To monitor the performance of the work. To determine the amount, kind, quality,
sequence, frequency, and location of the work to be paid for in this award and, when completed,
to measure such work for payment.
2. To answer all maintenance questions and to interpret the Maintenance Work Method
and schedules.
3. To determine how the work of this Award shall be coordinated with the work of others
engaged simultaneously on or adjacent to the area(s) identified by these specifications.
4. To make minor changes in the work, as he/she deems necessary, provided such
changes do not result in a net increase in the cost to the City or to the Contractor of the work to
be done under the award.
5. To amplify the Maintenance Work Method, add explanatory information, and furnish
additional specifications and drawings consistent with the intent of the bid documents.
Page 695 of 1203
36
6. The Director of Public Works or Designee may be present at the initial start of the award
work and inspect all work until the award is complete. If at any time it is determined by the
Director of Public Works or Designee that the terms of the award are not being followed, said
representative can stop the work until the corrections are initiated. Failure to correct violations
(within 24 hours after notification) may result in penalty or termination of the Award.
7. To review any and all questions in relation to the Award and its performance, except
as herein otherwise specifically provided, and the Director of Public Works or Designee
determination upon such review shall be final and conclusive upon the Award.
8. To suspend the whole or any part of the work whenever Director of Public Works or
Designee deems such suspension is required: (1) in the interest of the City generally, (2) to
coordinate the work of others engaged in work on or around the area(s) described in this
specification, or (3) to expedite the completion of the work described in this specification.
9. If deemed necessary to take over, use, occupy, or operate any part of the completed or
partially completed work, the Director of Public Works or Designee shall have the right to do
so and the Contractor shall not, in any way, interfere with or object to the use, occupation, or
operation of such work by the City after receipt of notice in writing from the Director of Public
Works or Designee that such work or part thereof will be used by the City on and after the date
specified in such notice. Such taking over, use occupancy or operation of any such part of the
completed or partially completed work shall not constitute final acceptance or approval of any
such part of the work.
10. Maintenance conditions may require that minor changes be made in the Maintenance
Work Method, location of the work, equipment and material to be furnished and other work
to be performed hereunder. The Contractor, when ordered by the Director of Public Works or
Designee, shall make such adjustments and changes in said locations, work method, equipment
and materials without additional cost to the Parks and Grounds Maintenance Department, provided
such adjustments and changes do not alter the charac ter, quantity, or cost of the work as a whole,
and provided further that at such adjustments and changes are furnished to the Contractor by the
Parks and Grounds Maintenance Department within a reasonable time before any work involving
such adjustment and changes is begun. The Director of Public Works or Designee shall be the
sole judge of what constitutes a minor change for which no additional compensation shall be
allowed.
14. CONTRACTORS’S RESPONSIBILITY: The Contractor shall do all the work and furnish, at his
or her own cost and expense, all labor, materials, equipment, except as herein otherwise
provided, as may be necessary and proper to perform and complete the work under his
specification. The Contractor shall be responsible for the entire work until completed including final
acceptance by the Director of Public Works or Designee.
The apparent silence of the Specifications as to any detail, or the apparent omission from the
Specifications of a detailed description concerning any point, shall be regarded as meaning that
only the best commercial practice to prevail and that only material and workmanship of the finest
quality are to be used.
The work shall be performed in accordance with the true intent and meaning of the Bid Documents.
Unless otherwise expressly provided, the work shall be performed in accordance with the
scope of work, technical specifications, and best commercial practices. Unless otherwise expressly
provided in the Bid Documents, the means and methods of maintenance shall be such as the
Formatted: Font: (Default) Arial, 11 pt
Formatted: List Paragraph, Indent: Hanging: 0.5",
Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.13" + Indent at:
0.38", No widow/orphan control, Tab stops: Not at 0.69"
Page 696 of 1203
37
Contractor may choose, however, it will be subject to the approval of the Director of Public Works
or Designee. Only adequate and safe procedures, methods, structures, and equipment shall be
used. The Director of Public Works or Designee ’s approval or failure to exercise the methods
of maintenance shall not relieve the Contractor of obligations to accomplish the result intended by
the Contractor in a safe and efficient manner, nor shall such create a cause action for damages.
15. CONTRACTOR’S LICENSING: Contractor(s) is responsible to educate and provide all safety
training and personal protection equipment for all of their personnel including following O.S.H.A
Regulations and the Manual of Uniform Traffic Control Devices (M.U.T.C.D.).
Contractor(s) will be responsible for obtaining all necessary permits, licenses, and/or registration
cards, I-9 Forms (Department of Homeland Security’s Employment Eligibility Verification) in
compliance with all applicable federal, state, and local statues pertaining to services as specified.
This includes a current copy of the Contractor’s City of Boynton Beach Business Tax Receipt which
must be submitted as part of the Bid Proposal and must be updated accordingly.
Contractor(s) must provide a list of contacts with phone numbers who can be reached for
emergencies and/or resolving problems.
Prior to the commencement of services, the awarded Contractor(s) will be required to submit for
the City’s review and approval Safety Data Sheets (MSDS) for all herbicides, pesticides, and
fertilizers to be used in the performance of the services detailed herein. In the event that either the
City requires a change in any of the products used, or if a product is discontinued, replaced,
changed, or otherwise unavailable, the Contractor(s) will be required to submit a new MSDS sheet
for review and approval of that new product prior to use.
16. PROPERTY DAMAGE: If property (public or private) is damaged while Contractor is performing
work specified or is removed for the convenience of the work, it shall be repaired or replaced at the
expense of the Contractor in a manner acceptable to the City prior to the final acceptance of the
Work. Such property shall include but not be limited to: structures, parkways, sidewalks, curbs and
gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and
trees. The damaged work shall be repaired or replaced within 48 hours.
The Contractor shall preserve from damage, all property (public and/or private) along the line of
the work, or which is in the vicinity of or is in anywise affected by the work, the removal or
destruction of which is not called for by the specifications. This applies, but is not limited to
vehicles parked in such parking lots, parking garages, vehicles traversing public or private rights-
of-way, parks or otherwise, public utilities, trees, lawn areas, landscape plantings, irrigation
systems, building monuments, fences, all pipe and underground structures, the public streets
(except natural wear and tear of streets resulting from legitimate use thereof by the Contractor),
and wherever such property is damaged due to the activities of the Contractor. The city must be
notified immediately and the Contractor will be responsible for the expense of the damages.
In case of failure on the part of the Contractor to restore such property or make good such
damage or injury, the Director of Public Works or Designee may, upon 24 hours written notice,
proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary, and
the cost thereof shall be deducted from any monies due or which may become due to the
Contractor under this award. Nothing in this clause shall prevent the Contractor from receiving
proper compensation for the removal, damage, or replacement of any public or private property
not shown by the bid documents and/or Specifications, when this is made necessary by alteration
of grade or alignment authorized by the Director of Public Works or Designee, provided that such
property has not been damaged through fault of the Contractor, its employees or agents.
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Hanging: 0.5"
Formatted: Font: (Default) Arial, 11 pt
Formatted: List Paragraph, Indent: Hanging: 0.5",
Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.13" + Indent at:
0.38", No widow/orphan control
Page 697 of 1203
38
17. WORK SITE TRAFFIC REGULATIONS: During the execution of the work, the Contractor shall put
up and maintain at all times such barriers, signs, and/or lights as shall effectively prevent accidents.
The Contractor, at their expense, shall provide suitable barricades, cones, red lights, “danger” or
“caution” or “street closed” signs and watchmen at all places where the work is taking place next to
the edge of pavement. Such barriers and signs shall comply with the State of Florida Department of
Transportation’s guidelines for “Traffic Controls for Construction and Maintenance Operations”. All lane
closures shall be approved and permitted by the Florida Department of Transportation, or the City
of Boynton Beach Engineering Division, whichever is applicable.
Work shall be halted immediately if work operations are deemed unsafe per any city representative.
State certification for Maintenance of Traffic (MOT) is required for work on all City, County and
State road within the City limits of Boynton Beach. At least one crew member shall be
“Intermediate Maintenance of Traffic Certified”.
18. HAZARDOUS MATERIALS: The Contractor must follow OSHA, Regulation 29 Code of Federal
Regulation (C.F.R.) Part 1926.59, Rule 17 Florida Administrative Code, the product MSDS, plus
any and all other applicable Regulations when using substances containing hazardous
materials. These regulations apply to transporting, storing, mixing, application, clean-up and
disposal of excess materials and their containers. Any illegal disposal of hazardous materials
and/or containers shall place the Contractor in default.
The Contractor shall assume all cost arising from citations, clean up spills and/or overspray (if
applicable) and subsequent inspections due to non-compliance of the above-mentioned
regulation(s), or misuse of the product as specified by the manufacturer. The Contractor further
agrees to indemnify and hold harmless the City of Boynton Beach and its duly authorized agents
from any and all suits of law or actions of a ny nature for, or on account of, non-compliance of
the above stated regulations and/or product use guidelines as specified by manufacturer.
19. USE OF CHEMICALS: All chemicals used during maintenance must show approval of either the
EPA or USDA. Use of all chemicals and disposal of residues shall be in strict conformance with
EPA, USDA, and manufacturer instructions. Final approval for use of any and all chemicals on the
work site(s) shall rest solely with the Director of Public Works or Designee. Contractor's employees
shall be fully licensed by the State of Florida to apply pesticides. All chemicals shall be handled
in strict accordance with the Federal, State and County regulations. Contractor shall use sound
cultural practices that aid in minimizing the presence or proliferation of insect and disease.
All chemicals must be approved by the Parks and Recreation representative prior to use. No
application shall take place under windy conditions. Any and all applications of Herbicides
abutting or adjacent to waterways shall require prior written approval from Parks and Grounds
Maintenance Department designee. Any area of turf, plant(s) or tree(s) that is damaged or
destroyed through improper or incorrect herbicide application shall be immediately replaced at
the Contractor's expense. If glyphosate, or other weed hindering chemicals are used, a tracer
is required for ease of inspection. Spray six-inch wide strip when applying glyphosate around
bollards, poles, guy wires, fences, fire hydrants, signs, benches, trash receptacles, picnic tables,
curbs, gutters, decorative landscape ornaments, benches, etc. Use care when spraying tracer,
dye, markers, etc. Manufacturer’s safety guidelines and practical safety precautions must be
adhered to at all times.
20. ASSOCIATED COSTS: The Contractor shall be responsible for all costs associated with replacing
Formatted: Font: (Default) Arial, 11 pt
Formatted: List Paragraph, Indent: Hanging: 0.5", Right:
0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
Start at: 1 + Alignment: Left + Aligned at: 0.13" + Indent at:
0.38", No widow/orphan control, Tab stops: Not at 0.57"
Formatted: Font: (Default) Arial, 11 pt, Condensed by 0.1
pt
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: (Default) Arial, 11 pt, Condensed by 0.1
pt
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: (Default) Arial, 11 pt, Condensed by 0.1
pt
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: (Default) Arial, 11 pt, Condensed by 0.1
pt
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: (Default) Arial, 11 pt, Condensed by 0.1
pt
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: (Default) Arial, 11 pt, Condensed by 0.1
pt
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: (Default) Arial, 11 pt, Condensed by 0.1
pt
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: (Default) Arial, 11 pt, Condensed by 0.1
pt
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: (Default) Arial, 11 pt, Condensed by 0.1
pt
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: (Default) Arial, 11 pt
Formatted: List Paragraph, Indent: Hanging: 0.5", Right:
0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
Start at: 1 + Alignment: Left + Aligned at: 0.13" + Indent at:
0.38", No widow/orphan control
Formatted: Font: (Default) Arial, 11 pt
Formatted: List Paragraph, Indent: Hanging: 0.5", Right:
0", Space Before: 0 pt, Numbered + Level: 1 + Numbering
Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
0.13" + Indent at: 0.38", No widow/orphan control, Tab
stops: Not at 0.57"
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Hanging: 0.5"
Page 698 of 1203
39
all dead, dying and/or damaged plants, shrubs and/or trees that have become deficient due to lack
of proper care and treatment and/or vehicle/equipment accidents and/or an y other damage caused
by the Contractor through routine maintenance. The Contractor shall notify the Director of Public
Works or Designee of said plants and must receive permission prior to purchasing and/or
installation. Substitute material shall be p ermitted only with prior written approval from the Director
of Public Works or Designee. The Director of Public Works or Designee shall be the sole judge as
to the status or state of the plants, shrubs, or trees to be replaced. Acts of God, traffic accidents
and vandalism will not be the responsibility of the Contractor.
workdays shall start at 7:00 a.m. Permission for times and workdays other than those approved
must be submitted via email to the Director of Public Works or Designee. All workdays must end
one hour prior to sunset and any deviation from these hours must be pre-approved by the Parks
and Grounds Maintenance Department.
22. ACTS OF GOD: In the event of inclement weather including: a tornado, wind storm, hurricane,
hail, lightning, flooding, vehicular accident, etc., all fallen or damaged material of eight inches or
less in diameter shall be piled near the roadside the at the Contractor’s expense. All other storm
damage including the removal of said piles shall be corrected/removed at the expense of the City
of Boynton Beach Parks and Grounds Maintenance Department. The Contractor shall be notified
of those sites picked up prior to their scheduled service and any accumulated debris thereafter
shall be considered normal and the responsibility of the Contractor.
23. GRAFFITI: All graffiti shall be reported immediately to the Director of Public Works or Designee.
24. EMPLOYEE AND VEHICLE IDENTIFICATION: All Transport vehicles must be easily identified
by displaying the company name. Contractor employees must also be easily identified by
uniforms, safety vest or other apparel that displays the company name. If workers are not prepared
to work on high traffic areas without correct safety gear, you will be required to leave and return
when prepared.
25. DESIGNATED WORK AREAS: All designated work areas , listed on the
Contractor’s worksheets, shall be done in accordance with this specification unless otherwise
described herein.
26. UNAUTHORIZED WORK: Any deviations from this scope of the agreement may be subject to
termination of the agreement and will not be compensated. If you have questions as to what is
designated as Parks and/or Playgrounds Maintenance, contact the Director of Public Works or
Designee. If you perform work without proper authorization, the City will not pay for those services.
27. UNSCHEDULED MAINTENANCE: Any additional work not in keeping with these specifications,
such as those of vandalism and/or mischief shall involve additional cost. The Contractor shall notify
the Director of Public Works or Designee of any damage, so its designee can inspect the damage
prior to authorizing repair. If Designated by the Director of Public Works to perform additional
work, the Contractor shall notify the Director of Public Works or Designee after repairs have been
completed so final inspection can be made for compliance prior to authorizing payment.
28. REPORTS, RECORDS, DATA AND COMMUNICATIONS: The Contractor shall furnish to the
Director of Public Works or Designee, such schedules of quantities and costs, progress schedules,
reports, invoices, delivery tickets, estimates, records, and other data when they may request
concerning work performed or to be performed, and the materials furnished or to be furnished
Formatted: Font: (Default) Arial, 11 pt
Formatted: List Paragraph, Indent: Hanging: 0.5", Right:
0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
Start at: 1 + Alignment: Left + Aligned at: 0.13" + Indent at:
0.38", No widow/orphan control
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Hanging: 0.5"
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Hanging: 0.5"
Formatted: Font: Not Expanded by / Condensed by
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Hanging: 0.5"
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Hanging: 0.5"
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Hanging: 0.5"
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Hanging: 0.5"
Formatted: Indent: Hanging: 0.5"
Page 699 of 1203
40
under the award. Monthly reports are to be produced, including wet check of irrigation systems,
detailing the work performed, listing any areas of concern including dead materials, leaning or fallen
trees or palms, broken equipment, safety hazards encountered, and any item that may put the
general public at risk.
PAYMENT AND PERFORMANCE BONDS:
BIDDER’S QUALIFICATION STATEMENT
TO BE COMPLETED AND UPLOADED ONLINE
The undersigned certifies under oath the truth and correctness of all statements and of all answers
to questions made hereinafter:
Check One
Submitted By: Corporation
Page 700 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BIDDER’S QUALIFICATION STATEMENT
TO BE COMPLETED AND UPLOADED ONLINE
The undersigned certifies under oath the truth and correctness of all statements and of all answers
to questions made hereinafter:
Check One
Submitted By: Corporation
Name: ______________________________________________ Partnership
Address: ____________________________________________ Individual
CITY, State, Zip: _______________________________________ Other
Telephone No.: _______________________________________
Fax No.: ________________________
Email Address.: ______________________
1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious
name under which you do business and the address of the place of business.
The correct name of the Bidder is:
_____________________________________________________________
The address of the principal place of business is:
_____________________________________________________________
_____________________________________________________________
2. If Bidder is a corporation, answer the following:
a. Date of Incorporation: _________________________________________
b. State of Incorporation: _________________________________________
c. President's name: ____________________________________________
d. Vice President's name: ________________________________________
e. Secretary's name: ____________________________________________
f. Treasurer's name: ____________________________________________
g. Name and address of Resident Agent: ____________________________
3. If Bidder is an individual or a partnership, answer the following:
Page 701 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
a. Date of organization: ________________
b. Name, address and ownership units of all partners:
__________________________________________________________
__________________________________________________________
__________________________________________________________
c. State whether general or limited partnership: ________________________
4. If Bidder is other than an individual, corporation or partnership, describe the organization and give
the name and address of principals:
________________________________________________________________
________________________________________________________________
________________________________________________________________
5. If Bidder is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute.
________________________________________________________________
6. How many years has your organization been in business under its present business name?
_____________
Under what other former names has your organization operated?
________________________________________________________________
________________________________________________________________
________________________________________________________________
7. Indicate registration, license numbers or certificate numbers for the businesses or professions,
which are the subject of this Bid. Please attach certificate of competency and/or state registration.
________________________________________________________________
________________________________________________________________
________________________________________________________________
8. Did you attend the Pre-Bid Conference if any such conference was held?
YES NO
9. Have you ever failed to complete any work awarded to you? If so, state when, where and why:
________________________________________________________________
________________________________________________________________
________________________________________________________________
10. List the pertinent experience of the key individuals of your organization (continue on insert
sheet, if necessary)
________________________________________________________________
Page 702 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
________________________________________________________________
________________________________________________________________
11. State the name of the individual who will have personal supervision of the work:
________________________________________________________________
12. State the name and address of attorney, if any, for the business of the Bidder:
________________________________________________________________
________________________________________________________________
________________________________________________________________
13. State the names and addresses of all businesses and/or individuals who own an interest of more
than five percent (5%) of the Bidder’s business and indicate the percentage owned of each such
business and/or individual:
________________________________________________________________
________________________________________________________________
________________________________________________________________
14. State the names, addresses, and the type of business of all firms that are partially or wholly owned
by Bidder:
________________________________________________________________
________________________________________________________________
________________________________________________________________
15. State the name of Surety Company which will be providing the bond (if applicable), and name and
address of agent:
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 703 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
16. Annual Average Revenue of the Bidder for the last three years as follows:
Revenue Index Number
a. Government Related Work
b. Non-Governmental Related Work
Total Work (a +b):
Revenue Index Number
1. Less than $100,000
2. $100,000 to less than $250,000
3. $250,000 to less than $500,000
4. $500,000 to less than $1 million
5. $1 million to less than $2 million
6. $2 million to less than $5 million
7. $5 million to less than $10 million
8. $10 million to less than $25 million
9. $25 million to less than $50 million
10. $50 million or greater
17. Bank References:
Bank Address Telephone
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
18. Provide description of policies and methods for project monitoring and budgeting control as well
as adherence to project schedule (continue on insert sheet, if necessary).
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
19. Provide descriptions of quality assurance/quality control management methods (continue on
insert sheet, if necessary):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 704 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
20. Is the financial statement submitted with your bid (if applicable) for the identical organization
named on page one?
YES NO
21. If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
________________________________________________________________
________________________________________________________________
________________________________________________________________
22. What will be your turnaround time for written responses to City inquires?
________________________________________________________________
23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5)
years. Include in the description, the disposition of each such petition.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder
or its predecessor organization(s) during the last five (5) years. The list shall include all case
names, case arbitration or hearing identification numbers, the name of the project which the
dispute arose, and a description of the subject matter of the dispute.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
25. List and describe all criminal proceedings or hearings concerning business related offenses to
which the Bidder, its principals or officers or predecessors’ organization(s) were defendants.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 705 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
26. Has the Bidder, its principals, officers or predecessors’ organization(s) been Convicted of a Public
Entity Crime, debarred or suspended from bidding by any government during the last five (5)
years? If so, provide details.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
The Bidder acknowledges and understands that the information contained in response to this
Qualification Statement shall be relied upon by owner in awarding the contract and such
information is warranted by Bidder to be true. The discovery of any omission or misstatement that
materially affects the Bidder’s qualifications to perform under the contract shall cause the owner
to reject the bid, and if after the award, to cancel and terminate the award and/or contract.
(Signed)________________________________
(Title)__________________________________
Subscribed and sworn to before me
This ______ day of _____________________, 2020
________________________________
Notary Public (Signature)
My Commission Expires: ______________
Page 706 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI-KICKBACK AFFIDAVIT
TO BE COMPLETED AND UPLOADED ONLINE
STATE OF FLORIDA )
: SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift,
directly or indirectly by me or any member of my integrator or by an officer of the corporation.
By:
NAME - SIGNATURE
Sworn and subscribed before me
this day of , 2020
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large
COMPANY
“OFFICIAL NOTARY SEAL” STAMP
Page 707 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NON COLLUSION AFFIDAVIT OF BIDDER
TO BE COMPLETED AND UPLOADED ONLINE
State of _____________________________)
:
County of____________________________)
________________________________________, being first duly sworn, deposes and says that:
1) He is ______________________ of _____________________________, the proposer that
(Title) (Name of Corporation or Integrator)
has submitted the attached ITB:
2) He is fully informed respecting the preparation and contents of the attached submittal and of all
pertinent circumstances respecting such submittal;
3) Said ITB is genuine and is not a collusive or sham ITB;
4) Further, the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired, connived
or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or
sham ITB in connection with the Contract for which the attached ITB has been submitted or to
refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communications or conference with any other Bidder, integrator
or person to fix the price or prices in the attached ITB or of any other Bidder, or to fix any overhead,
profit or cost element of the ITB price or the ITB price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against th e City of
Boynton Beach or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)________________________________
(Title)__________________________________
Subscribed and sworn to before me
This ______ day of _____________________, 20 _____
__________________________________________
Notary Public (Signature)
My Commission Expires: ______________
Page 708 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CERTIFICATION PURSUANT TO FLORIDA
STATUTE § 287.135
TO BE COMPLETED AND UPLOADED ONLINE
I, _______________________, on behalf of ________________________ certify
Print Name and Title Company Name
that ______________________________does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall
provide notice, in writing, to the Consultant of the City's determination concerning the false
certification. The Consultant 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
Consultant 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 Florida Statute § 287.135.
Section 287.135, Florida Statutes, prohibits the City from:
1) Contracting with companies for goods or services if at the time of bidding on, submitting a bid
for, or entering into or renewing a contract if the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel;
and
2) Contracting with companies, for goods or services that are on either the Scrutinized Companies
with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are
engaged in business operations in Syria.
Page 709 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
As the person authorized to sign on behalf of the Consultant, I hereby certify that the company
identified above in the section entitled "Consultant Name" does not participate in any boycott of
Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either
the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not
engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida
Statutes, the submission of a false certification may subject the company to civil penalties,
attorney's fees, and/or costs. I further understand that any contract with the City for goods or
services may be terminated at the option of the City if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies with Activities in Sudan list
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
_____________________________ _________________________
COMPANY NAME SIGNATURE
__________________________ _________________________
PRINT NAME TITLE
Page 710 of 1203
C-1
“DRAFT”
SUBJECT TO REVISIONS PRIOR TO SIGNING.
PROFESSIONAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the
City”, and TBD, hereinafter referred to as “Vendor”, in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide ____________
1. ___________________________LANDSCAPE MAINTENANCE SERVICES FOR PARKS, FUTURE
PARKS/SCRUB PERIMETERSINSERT DESCRIPTION_______________________.
2. SCOPE OF SERVICES. Vendor agrees to perform the services, during the term of this Agreement
as more specifically set forth in Exhibit “A” Scope of Services and Exhibit “C” Invitation to Bid (ITB)
No.031-2730-20/RW, which are made a part of this Agreement, identified on Exhibit “A” Scope of
Services 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.
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 effective TBD.
4. TERM. The initial term of the contract shall be for three (3) years One (1) year 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) three (3) 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.031-2730-20/RW after the first year of service An increase in cost of less
than 2% for each extension may be approved by the City administration and does not require
Commission approval.
4.
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 “BB” Schedule of Prices attached hereto
and incorporated herein by reference, as follows:
a. The total contract price in the amount of _____ PRICE/UNIT__________ for an annual estimated
amount of _____________ for a period of ______ years (#), with an option to renew for _____ (#)
one-year terms for a total _______________ 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 prom ptly 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.
Formatted: Centered
Formatted: Font: (Default) Arial, 11 pt
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab
after: 0.25" + Indent at: 0.25", No widow/orphan control
Formatted: Font: (Default) Arial
Formatted: Font: (Default) Arial
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: No bullets or numbering
Page 711 of 1203
C-1
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,
Page 712 of 1203
C-1
brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or
making of this contract.
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 t his
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:
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
negotiations, representations, or agreements written or oral. This agreement may be amended only
Page 713 of 1203
C-1
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
Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in
Page 714 of 1203
C-1
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 ________________________________________, 20____.
CITY OF BOYNTON BEACH
_________________________________ __________________________________
Lori LaVerriere, City Manager Signature of Authorized Official
__________________________________
Printed Name of Authorized Official
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
Crystal Gibson, City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
James A. Cherof, City Attorney Witness
Page 715 of 1203
C-1
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 note d." 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 of
insurance required of consultants, 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 & Consultant's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,000.00
Professional Liability Fire Damage (any one fire) $ 50,000.00
Employees & Officers Med. Expense (any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Consultants
Broad Form Property Damage
Fire Legal Liability
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Automobile Liability Combined Single Limit $ 300,000.00
Any Auto Bodily Injury (per person) to be determined
All Owned Autos Bodily Injury (per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Garage Liability Auto Only, Each Accident $ 1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $ 1,000,000.00
Aggregate $ 1,000,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Excess Liability Each Occurrence to be determined
Page 716 of 1203
C-1
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease, Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Other - As Risk Identified to be determined
------------------------------------------------------------------
Exhibit “A”
Scope of Services
TO BE INSERTED
Page 717 of 1203
C-1
Exhibit “B”
Schedule of Prices
TO BE INSERTED
Page 718 of 1203
C-1
Exhibit “C”
Invitation to Bid
(ITB) No.031-2730-20/RW
Page 719 of 1203
1
The City of
Boynton Beach
ADDENDUM No. 1
DATE: October 13, 2020
INVITATION TO BID NO. 031-2730-20/RW
FOR
LANDSCAPE MAINTENANCE SERVICES – PARKS, FUTURE PARKS/SCRUB
PERIMETERS
This addendum to the specification s and/or contract documents is issued to provide additional
information and clarification to the original ITB specifications and bid form, and is hereby declared
a part of the original specifications and/or contract documents. In case of a conflict, this
Addendum No. 1 shall govern.
DOES READ:
1.3.2.5 MAINTENANCE REQUIREMENTS SUMMARY:
f. The Contractor shall prune trees up to 14 foot as needed upon discretion of The Director of
Public Works or Designee.
SHOULD READ:
f. The Contractor shall prune trees up to 10 foot as needed upon discretion of The Director of
Public Works or Designee.
Question: City of Boynton Beach ITB 031-2730-20RW Landscape Maintenance Parks Future Parks Scrub Perimeters
Due 10 21 20 at 2 30 PM
Answer: Correct. Bids are due 10/21/20 no later than 2:30 P.M.
Question: Can boundary maps be provided
Answer: The correct link to map is as follows: http://boynton-
beach.maps.arcgis.com/apps/View/index.html?appid=889c8303bd43417db589c435506d135f
Question: Need to clarify how many parks are within this bid. For some reason Bids & Tenders will not allow us
into maps. Matt allowed us a screenshot of his excel sheet which only show 23 parks. If we recall correctly at the
pre-bid meeting, we were under the impression you may have said there were 32 parks. Can you please advise.
Answer: Although there are 32 Parks in the City, 9 of the parks will continue to be maintained by City Staff.
The remaining 23 parks are included in this Invitation to Bid for Landscape Maintenance Services. The correct link
to map is as follows:
Finance/Procurement Services
3301 Quantum Blvd., Suite 101
Boynton Beach, Florida 33426
Telephone: (561) 742-6310
FAX: (561) 742-6316
Page 720 of 1203
2
http://boynton-beach.maps.arcgis.com/apps/View/index.html?appid=889c8303bd43417db589c435506d135f
Question: Link to maps does not open. Unable to create map: Item does not exist or is inaccessible.
Answer: The correct links is as follows: http://boynton-
beach.maps.arcgis.com/apps/View/index.html?appid=889c8303bd43417db589c435506d135f
Question: During the mandatory meeting we spoke about the interactive maps, it was commented that the size
(area, perimeter and length) were on the maps. I see that information in the medians and ROWs but I don’t see it on the map for Parks,
Future Parks, Scrub; nor Facilities and Litter Control. Do you have a document, or map where we can obtain the
measurements for each location? Thank you
Answer: If you click on the map scroll down in the pop-up information box, additional information is available.
Question: Could you please provide the bid tabulation for the previous bid that was awarded? Thank
you! Alex Rotundo
Answer: Questions should pertain to this specific solicitation. Request for information pertaining to
other contracts or solicitations should be made as a Public Records Request through the City Clerk's
Office.
Question: Please post the Schedule of Prices in excel form
Answer: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are
not provided in any other manner.
Question: Please post the last tabulation sheets received from all vendors for this project last time it
was advertised and copy of the current contract.
Answer: Questions should pertain to this specific solicitation. Request for information pertaining to
other contracts or solicitations should be made as a Public Records Request through the City Clerk's
Office.
If you should require additional clarification, please submit your question to the Purchasing representative
through the Bidding System by clicking on the “Submit a Question” button for this specific Solicitation.
Page 721 of 1203
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 20-014
TO: Kristeena Pinto, Purchasing Manager
Financial Services Department
FROM: Gary Dunmyer, City Engineer
Public Works Department/Engineering Division
DATE: November 19, 2020, revised December 4, 2020
SUBJECT: ITB 031-2730-20/RW - Parks
ITB 032-2730-20/RW - Facilities
ITB 033-2730-20/RW - Medians & Right of Ways
ITB 034-2730-20/RW - Lots & Alleys
RECOMMENDATION OF AWARD
Bids were received and publicly opened for the above noted projects on Bid and Tender. All
submitted bids were reviewed by staff; I offer the following recommendations of Award:
• ITB 031-2730-20/RW - Parks – Cayco – Award Basic Maintenance for parks and future
park sites - (Not award Kapok, Joseph Crowder, & Town Square Parks & not award
Mulch Option) for $122,661.00
• ITB 032-2730-20/RW - Facilities – Cayco – Basic Maintenance Only for $143,944.00
• ITB 033-2730-20/RW - Medians & Right of Ways – Property Works – Both Basic
Maintenance & Mulch for $403,147.92
• ITB 034-2730-20/RW - Lots & Alleys – LV Superior – Basic Maintenance Only for
$56,160
Please present this recommendation to the City Commission for their approval.
S:\Engineering\ Memorandums\Memos 2020\20-014 Recommendation Landscaping Bid.docx
Page 722 of 1203
Page 723 of 1203
Page 724 of 1203
Page 725 of 1203
Page 726 of 1203
Page 727 of 1203
Page 728 of 1203
Page 729 of 1203
Page 730 of 1203
Page 731 of 1203
Page 732 of 1203
Page 733 of 1203
Page 734 of 1203
Page 735 of 1203
Page 736 of 1203
Page 737 of 1203
Page 738 of 1203
Page 739 of 1203
Page 740 of 1203
Page 741 of 1203
Page 742 of 1203
Page 743 of 1203
Page 744 of 1203
Page 745 of 1203
Page 746 of 1203
Page 747 of 1203
Page 748 of 1203
Page 749 of 1203
Page 750 of 1203
Page 751 of 1203
Page 752 of 1203
Page 753 of 1203
Page 754 of 1203
Page 755 of 1203
Page 756 of 1203
Page 757 of 1203
Page 758 of 1203
Page 759 of 1203
Page 760 of 1203
Page 761 of 1203
Page 762 of 1203
Page 763 of 1203
Page 764 of 1203
Page 765 of 1203
Page 766 of 1203
Page 767 of 1203
Page 768 of 1203
Page 769 of 1203
Page 770 of 1203
Page 771 of 1203
Page 772 of 1203
Page 773 of 1203
Page 774 of 1203
Page 775 of 1203
Page 776 of 1203
Page 777 of 1203
Page 778 of 1203
Page 779 of 1203
Page 780 of 1203
Page 781 of 1203
Page 782 of 1203
Page 783 of 1203
Page 784 of 1203
Page 785 of 1203
Page 786 of 1203
Page 787 of 1203
Page 788 of 1203
Page 789 of 1203
Page 790 of 1203
Page 791 of 1203
Page 792 of 1203
Page 793 of 1203
Page 794 of 1203
Page 795 of 1203
Page 796 of 1203
Page 797 of 1203
Page 798 of 1203
Page 799 of 1203
Page 800 of 1203
Page 801 of 1203
Page 802 of 1203
Page 803 of 1203
Page 804 of 1203
Page 805 of 1203
Page 806 of 1203
Page 807 of 1203
Page 808 of 1203
7.B.
C ONS E NT B I D S A ND P URC HA S E S OV E R $100,000
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Proposed Resolution No. R20-144 - Approve Award and authorize
the City Manager to sign the Contract for Landscape Maintenance Services for Facility Sites, in response to
Bid No.:032-2730-20/RW to the low responsive & responsible bidder Blue Marlin I nvestments, I nc.
dba Cayco Landscaping in the amount of $143,944 for Basic Maintenance only, plus an allowance for
potential additional services of $5,000 for an estimated amount of $148,944 annually. The total contract price
includes the annual bid amount of $143,944.00 plus an allowance for potential additional services of $5,000
annually for an estimated annual amount of $148,944.00 for a period of three (3) years, with an option to
renew for two (2) one-year terms for a total $744,720.00 estimated amount over the total potential term of the
agreement, shall be the total amount of payment to Vendor for services provided under this contract for the
entire term of the contract.
Explanation of Request:
Initial Bid Term: Three years Effective January 01, 2021 through December 31, 2024
On September 23, 2020, No.:031-2730-20/RW was advertised and submittals were opened on October 23,
2020. The City rec eived ten (10) bids and tabulated the submittals. The low responsive & responsible bidder
is Blue Marlin I nvestments, I nc. dba Cay co Landsc aping in the amount of $143,944 for basic maintenance
only (Mulch option not included).
R ecommended for Award Landscape Services G roup:Annual Estimated
Amount
Blue Marlin I nvestments, I nc .
dba Cayco Landscaping
Facilities and Litter Control $31,086.00
Trash and Litter Collection
(Replace Bags, Pic k Up Extra
Litter)
$ 112,858.00
Total $ 143,944.00
As a result, the Schedule of Prices will be fixed and firm for the initial three (3) year period from the
effective date of J anuary 01, 2021, subject to the bid award and by mutual agreement between the City
and the awardee, may be renewable for two (2) additional one (1) year periods. The City reserves the
right to exercise the option to renew annually. The total contract price includes the annual bid amount of
$143,944.00 plus an allowance for potential additional services of $5,000 annually for an estimated
annual amount of $148,944.00 for a period of three (3) years, with an option to renew for two (2) one-
year terms for a total $744,720.00 estimated amount over the total potential term of the contract, shall be
the total amount of payment to Vendor for services provided under this contract for the entire term of the
contract.
Page 809 of 1203
How will this affect city programs or services?
This bid award will provide for the issuance of continuous service in connection with landscape maintenance
of Facility Sites to enhance City-wide operations.
Fiscal Impact: Budgeted
The costs of the monthly landscape services will be paid from
Account # 001-2730-572-49-17
Alternatives: Not award the bid and re-advertise
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant? No
Grant Amount:
Contracts
Vendor Name: Blue Marlin I nvestments, I nc. dba Cayco Landscaping
Start Date: 1/1/2021
End Date: 12/31/2024
Contract Value: $148,944
Minority Owned Contractor?: Yes
Extension Available?: Yes
Extension Explanation:
Renewable for two (2) additional one year periods.
Page 810 of 1203
AT TAC H ME N TS:
Type Description
Resolution
Resolution awarding Bid 032-2730-20/RW for
Landscape Maintenance Services for Facility
Sites
Addendum Cayco Signed Contract 032-2730-20RW
Landscape Maint- Facility Sites 12-15-20 RW
Attachment BidAnalysis I TB032-2730-20-RW
Addendum I TB 032-2730-20RW Landscape Maintenance -
Facility Sites 8-17-20 Final RW (2)
Addendum Addendum 1 for I TB NO. 032-2730-20RW
Facility Sites.doc
Addendum Cayco Bid 032-2730-20-RW Submittal
Attachment 20-014 Recommendation Landscaping Bid
Page 811 of 1203
S:\CA\RESO\Agreements\Award of Bid for Landscape Maintenance Services to Blue Marlin (Facility Sites) - Reso.docx
RESOLUTION NO. R20- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3
APPROVE AWARD AND AUTHORIZE THE CITY MANAGER TO SIGN 4
THE CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR 5
FACILITY SITES, IN RESPONSE TO BID NO.:032-2730-20/RW TO THE 6
LOW RESPONSIVE AND RESPONSIBLE BIDDER BLUE MARLIN 7
INVESTMENTS, INC. DBA CAYCO LANDSCAPING IN THE AMOUNT 8
OF $143,944 FOR BASIC MAINTENANCE ONLY, PLUS AN 9
ALLOWANCE FOR POTENTIAL ADDITIONAL SERVICES OF $5,000 10
FOR AN ESTIMATED AMOUNT OF $148,944 ANNUALLY; AND 11
PROVIDING AN EFFECTIVE DATE. 12
13
WHEREAS, on October 23, 2020, Procurement Services opened and tabulated ten (10) 14
Bids in response to BID No. 031-2730-20/RW for Landscape Maintenance Services For Facility 15
Sites; and 16
WHEREAS, the Evaluation Team is recommending an award to Blue Marlin 17
Investments, Inc., dba Cayco Landscaping in the amount of $143,944 as the lowest responsive, 18
responsible bidder for basic maintenance only (mulch excluded); and 19
WHEREAS, the total contract price includes the annual bid amount of $143,944.00 plus 20
an allowance for potential additional services of $5,000 annually for an estimated annual amount 21
of $148,944.00 for a period of three (3) years, with an option to renew for two (2) one-year terms 22
for a total $744,720.00 estimated amount over the total potential term of the agreement, shall be 23
the total amount of payment to Vendor for services provided under this contract for the entire term 24
of the contract; and 25
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 26
of staff, deems it to be in the best interest of the citizens and residents to approve the award and 27
authorize the City Manager to sign the Contract for Landscape Maintenance Services for Facility 28
Sites, in response to Bid No.:032-2730-20/RW to the low responsive & responsible bidder Blue 29
Marlin Investments, Inc. dba Cayco Landscaping in the amount of $143,944 for Basic 30
Maintenance only, plus an allowance for potential additional services of $5,000 for an estimated 31
amount of $148,944 annually. 32
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 33
CITY OF BOYNTON BEACH, FLORIDA, THAT: 34
Page 812 of 1203
S:\CA\RESO\Agreements\Award of Bid for Landscape Maintenance Services to Blue Marlin (Facility Sites) - Reso.docx
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 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 4
Maintenance Services for Facility Sites, in response to Bid No.:032 -2730-20/RW to the low 5
responsive & responsible bidder Blue Marlin Investments, Inc. dba Cayco Landscaping i n the 6
amount of $143,944 for Basic Maintenance only, plus an allowance for potential additional 7
services of $5,000 for an estimated amount of $148,944 annually for a period of three (3) years 8
and shall include an option to renew for two (2) one-year terms for a total $744,720.00 estimated 9
amount over the total potential term of the agreement, shall be the total amount of payment to 10
Vendor for services provided under this contract for the entire term of the contract . A copy of the 11
Contract is attached hereto and incorporated herein as Exhibit “A”. 12
Section 3. That this Resolution shall become effective immediately. 13
PASSED AND ADOPTED this ____ 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 _____ _____ 22
23
Commissioner – Woodrow L. Hay _____ _____ 24
25
Commissioner – Christina L. Romelus _____ _____ 26
27
VOTE ______ 28
ATTEST: 29
30
_____________________________ 31
Crystal Gibson, MMC 32
City Clerk 33
34
(Corporate Seal) 35
Page 813 of 1203
Page 814 of 1203
Page 815 of 1203
Page 816 of 1203
Page 817 of 1203
Page 818 of 1203
Page 819 of 1203
Page 820 of 1203
Page 821 of 1203
Page 822 of 1203
Page 823 of 1203
Page 824 of 1203
Page 825 of 1203
Page 826 of 1203
Page 827 of 1203
Page 828 of 1203
Page 829 of 1203
Page 830 of 1203
Page 831 of 1203
Page 832 of 1203
Page 833 of 1203
Page 834 of 1203
Page 835 of 1203
Page 836 of 1203
Page 837 of 1203
Page 838 of 1203
Page 839 of 1203
Page 840 of 1203
Page 841 of 1203
Page 842 of 1203
Page 843 of 1203
Page 844 of 1203
Page 845 of 1203
Page 846 of 1203
Page 847 of 1203
Page 848 of 1203
Page 849 of 1203
Page 850 of 1203
Page 851 of 1203
Page 852 of 1203
Page 853 of 1203
Page 854 of 1203
Page 855 of 1203
Page 856 of 1203
Page 857 of 1203
Page 858 of 1203
Page 859 of 1203
Page 860 of 1203
Page 861 of 1203
Page 862 of 1203
Page 863 of 1203
Page 864 of 1203
Page 865 of 1203
Page 866 of 1203
Page 867 of 1203
Page 868 of 1203
Page 869 of 1203
Page 870 of 1203
Page 871 of 1203
Page 872 of 1203
Page 873 of 1203
Page 874 of 1203
Page 875 of 1203
Page 876 of 1203
Page 877 of 1203
Page 878 of 1203
Page 879 of 1203
Page 880 of 1203
Page 881 of 1203
Page 882 of 1203
Page 883 of 1203
Page 884 of 1203
Page 885 of 1203
Page 886 of 1203
Page 887 of 1203
Page 888 of 1203
Page 889 of 1203
Page 890 of 1203
Page 891 of 1203
Page 892 of 1203
Page 893 of 1203
Page 894 of 1203
Page 895 of 1203
Page 896 of 1203
Page 897 of 1203
Page 898 of 1203
Page 899 of 1203
Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1
Schedule/Specification Total Total Total Total Total Total Total Total Total Total
Facilities and Litter Control $79,200.00 $142,720.00 $96,730.00 $91,479.80 $153,125.96 $31,086.00 $66,630.00 $158,840.40 $288,960.00 $123,470.00
Trash and Litter Collection (Replace Bags, Pick Up Extra Litter)$106,400.00 $334,488.00 $276,100.00 $90,020.00 $232,000.00 $112,858.00 $95,900.00 $100,190.28 $158,360.00 $89,332.00
Mulching - Granular Fertilizer - Pesticide Application Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
Additional Service Items Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
Confirmation of Minority Owned Business Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
Letter of interest Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
Local Business Status Certification Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
References - Past Performance Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
Sub-Consultant(s) Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
Subtotal Contract Amount:$185,600.00 $477,208.00 $372,830.00 $181,499.80 $385,125.96 $143,944.00 $162,530.00 $259,030.68 $447,320.00 $212,802.00
ITB 032-2730-20-RW - LANDSCAPE MAINTENANCE SERVICES - FACILITY SITES - Overview of Specifications and Schedule of Prices
RG LANDSCAPING INC Superior Landscaping & Lawn Mainguy Landscape Services ABM Industries LLC Nanak's Landscaping, LLC.Blue Marlin Investments INC L.V. Superior Batallan Enterprises Potter's Professional Landscape Service
Page 900 of 1203
1
CITY OF BOYNTON BEACH
INVITATION TO BID (ITB)
FOR
LANDSCAPE MAINTENANCE SERVICES – FACILITY SITES
ITB No. 032-2730-20/RW
MANDATORY PRE-BID SITE VISIT
CITY OF BOYNTON BEACH
CITY HALL
100 EAST OCEAN AVENUE
BOYNTON BEACH, FL 33435
ONLINE SUBMISSIONS ONLY
BID CLOSING DATE: 10/23/2020
NO LATER THAN 2:30 P. M.
Page 901 of 1203
2
INVITATION FOR BIDS
FOR
LANDSCAPE MAINTENANCE SERVICES – FACILITY SITES
ITB No. 032-2730-20/RW
TABLE OF CONTENTS
Scope of Services Information .......................................................................................... 3
Section 1 – Scope of Services and Project Information……………………………………….5
Section 2 – Instruction to Bidders ...................................................................................... 18
Section 3 – Bid Submission Requirements ........................................................................ 20
Section 4 – General Conditions ......................................................................................... 22
Section 5 - Special Conditions .......................................................................................... 33
Submittal of General Information, Procurement Forms and Documents
To be Completed and Uploaded Online
Proposer’s Qualification Statement .......................................................................
Anti-Kickback Affidavit ...........................................................................................
Non-Collusion Affidavit of Proposer .......................................................................
Certification Pursuant to Florida STATUTE § 287.135 ...........................................
Draft Contract
Draft Contract Agreement ……………………………………………………………….C1-C6
Insurance Advisory Form ………………………………………………………………..C-7
Exhibit ‘A’
Scope of Services ………………………………………………………………………...C-8
Exhibit ‘B’
Schedule of Prices ………………………………………………………………………..C-9
Exhibit ‘C’
Invitation to Bid (ITB) No.032-2730-20/RW…………………………………………….C-10
Page 902 of 1203
3
INVITATION TO BID (ITB)
032-2730-20/RW
FOR
LANDSCAPE MAINTENANCE SERVICES – FACILITY SITES
Electronic Invitation To Bids (ITB’s) shall be received by the bidding system up until:10/23/2020 No
Later Than 2:30 PM (Local Time).
A MANDATORY Pre-Bid Conference is scheduled for 10/02/2020, 10:00 A.M., (local time), to be
held at
CITY OF BOYNTON BEACH CITY HALL 100 EAST OCEAN AVENUE, BOYNTON BEACH, FL
33435.
Attendance is mandatory and proof of attendance will be evidence by the Bidder’s signature or
signature of Bidder’s designee on the attendance sheet provided at the site. The Public Works
Department will provide an escort to the site.
MANDATORY SITE INSPECTION
A MANDATORY SITE INSPECTION will take place starting immediately following the Pre-Bid
Meeting. After the pre-bid conference, the City shall provide transport to inspect various site locations
listed in the bid. The Site Inspection Bidder Registration form is included in this bid package and is
required for anyone attending the mandatory site inspections. Bidders that have not performed
the Mandatory Site Inspection at this designated time will be considered non-responsive.
Question Deadline: 10/08/2020, No Later Than 12:00 P.M.
All Bids will be publicly opened online at Boynton-beach.bidsandtenders.net. Bids received after the
assigned date and time are not permitted by the bidding system. For the above reasons, it is
recommended that sufficient time to complete your online Submission and to resolve any issues that
may arise. The closing time and date shall be determined by the Bidding System’s web clock.
ATTENTION, ALL INTERESTED RESPONDENTS:
To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not
provided in any other manner. Maps are available to be viewed online by visiting http://boynton-
beach.maps.arcgis.com/apps/View/index.html?appid=1e77f17f931d40f7b64274d37a0739bd
.
SCOPE OF ITB:
The City of Boynton Beach is seeking bids for landscape maintenance services for various facility
sites for the Fire and Police stations, Public Works compounds for the application mulch, fertilizers,
pesticides and miscellaneous trash runs to selected parks and bus stops. All general maintenance
shall be provided with the provisions listed in section 4 of this contract.
TERM OF CONTRACT
Page 903 of 1203
4
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 (1)
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.
BONDING: When required by the specifications herein, the successful Bidder shall furnish
Performance and Payment Bonds, and/or Warranty Bond, as stated on in the Bid documents on the
City’s forms within ten (10) calendar days after notification of contract award. Failure to furnish the
required bonds within the time specified may be cause for rejection of the Bid and any Bid deposit
may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair
estimate of the amount of damages the City would sustain due to the Bidder’s failure to furnish said
bonds.
LOBBYING / CONE OF SILENCE
Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach
County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be
imposed upon each competitive solicitation from the time of advertisement and shall remain in effect
until Council awards or approves a contract, rejects all bids or responses, or otherwise takes action
that ends the solicitation process. While the cone of silence is in effect, no Bidder or its agent shall
directly or indirectly communicate with any member of City Commission or their staff, the Manager,
any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award
of a particular contract or member of the Selection Committee in reference to the solicitation, with the
exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code
of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award
of contract to the Bidder. Further, any contract entered into in violation of the cone of silence shall
render the transaction voidable.
The cone of silence shall not apply to oral communications at any public proceeding, including pre-
bid conferences, oral presentations before Selection Committees, and contract negotiations during
any public meeting, presentations made to the City Commission, and protest hearings. Further, the
cone of silence shall not apply to contract negotiations between any employee and the intended
awardee, any dispute resolution process following the filing of a protest between the person filing the
protest and any employee, or any written correspondence with Boynton Beach as may be permitted
by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made
in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual.
PUBLIC RECORDS DISCLOSURE:
Pursuant to Florida Statutes §119.071(1), sealed Bids, Proposal or Responses received by the City
in response to a Request for Qualification or Invitation to Bid are exempt from public records
disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening
of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for
Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to
reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure
until such time as the City provides notice of a decision or intended decision concerning the
competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid,
Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City
notice rejecting all Bids, Proposals, or replies.
Page 904 of 1203
5
Questions related to this ITB are to be submitted to the Purchasing representative through the Bidding
System only by clicking on the “Submit a Question” button for this specific Solicitation.
INVITATION TO BID (ITB)
No. 032-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – FACILITY SITES”
SECTION 1 –SCOPE OF SERVICES AND GENERAL REQUIREMENTS
1.1 BID 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 (1) 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.
1.2 BASIS OF AWARD:
While it is the intent of the City to award the bid to one vendor who is the lowest responsive
and responsible Bidder as determined by the city, the City reserves the right to make multiple
awards. The City reserves the right to reject all bids, waive non-material errors in the bids, to
abandon the project and to solicit and re-advertise for other bids.
Once opened, the bids will be tabulated and evaluated by the City before recommendation
and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or
reject any or all bids for any reason whatsoever. The City further reserves the right to waive
irregularities and technicalities and/or to request resubmission. There is no obligation on the
part of the City to award the bid to the lowest Bidder, or any Bidder. The City reserves the
right to make the award to a responsible Bidder submitting a responsive bid most
advantageous and in the best interest of the City. The City shall be the sole judge of the bids
and the City’s decision shall be final.
1.3 SCOPE OF WORK TO BE PERFORMED:
1.3.1 PURPOSE
The purpose and intent of this invitation to bid is to establish a Contractor who provides
landscape maintenance services within the City of Boynton Beach. The Contractor shall
provide quality workmanship is expected to be superior and high level at all times, and
Page 905 of 1203
6
detailed service is expected in all areas serviced. The highest level of service will be provided
by the awardee, with care and compassion for the City’s residents and patrons.
The Contractor shall remove all litter, debris and trimmings during every service. Dead plants
will be removed and noted in the monthly report. Significant problems with safety, health of
plants, infestations should be brought to the attention of the Director of Public Works or
Designee immediately.
The city is expecting the awardee to be vigilant and ascertain preservation in the city’s behalf
when it pertains to the aesthetics of the awarded sites. The City is relying on the Awardee to
be responsible and accountable for the landscape materials left in their care. If neglect is
shown on the part of the Awardee, the City will hold the Awardee responsible for the
replacement of any and all of the plant materials that are shown to perish under their care.
The Awardee(s) must at all times adhere to the City of Boynton Beach’s Code of Ordinances,
Part III – Land Development Regulations, Chapter 4 – Site Development Standards, Section
4 - Standards.
1.3.2 TECHNICAL SPECIFICATIONS AND SCOPE OF WORK:
FACILITY SITES
The Contractor shall provide landscape maintenance services for various facility sites for the
Fire and Police stations, Public Works compounds for the application mulch, fertilizers,
pesticides and miscellaneous trash runs to selected parks and bus stops. All general
maintenance shall be provided with the provisions listed in section 4 of this contract.
The scope of work shall include but not be limited to the furnishing of all labor, materials,
equipment, and incidentals required for: mowing, trimming, edging and weeding of all
landscaped areas, including turf areas, flower beds, shrub beds, and ground cover beds, pest
control/herbicide treatment, fertilization, mulching, blowing sidewalks, and roads as needed,
and the removal of all litter and landscape debris, such as fallen palm fronds while on site.
All trees shall be trimmed to allow for a 10’ clearance at all times and is part of general
maintenance requirements.
1.3.2.1 MAINTENANCE FREQUENCY:
The work shall commence upon Notice to Proceed. All maintenance sites shall be completed
according to the time frame set out in this Bid Specification.
The Awardee shall complete the work in the number of consecutive calendar days set forth in
this specification, unless the date of maintenance is extended pursuant to the approval of
the Director of Public Works or Designee. The Awardee shall provide to the Director of Public
Works or Designee a complete schedule of when work is to be performed on each site. Any
changes must have prior authorization and agreement between the City and the Awardee in
writing.
1.3.2.2 MAINTENANCE SCHEDULING
Page 906 of 1203
7
If the Awardee has an unforeseen circumstance, the Contractor may service a site 24 hours
prior to the initial maintenance scheduled date or 24 hours thereafter with prior written
approval from the Director of Public Works or Designee. The Director of Public Works or
Designees shall be the sole judge of what constitutes an unforeseen circumstance.
During drought conditions or acts of God, the Parks and Grounds Maintenance Department
reserves the right to suspend any and/or all parts of this award and payment with a 24 -hour
notice to the Awardee. The Parks and Grounds Maintenance Department will provide a 24-
hour notice for re-institution of the award.
It is the Awardee’s responsibility to perform the requirements as set forth in this award. Any
delays in service due to adverse we ather shall only occur with prior written approval from
the Parks and Recreation representative, or within 48 hours to ensure scheduled service has
been performed. There shall be no provision provided for rain delays.
The section below (Section 4) shall be printed, given to the crew leader and kept with them
while service is performed so the crew is aware of all requirements while on site. In the future
the city will provide an application (app) usable on smartphones with a checklist to be
completed prior to leaving site.
1.3.2.3 MAINTENANCE AREA REQUIREMENTS:
Pre-inspection of the sites shall be done prior to performing maintenance. This shall include
de -littering the site, including any illegal dumping present on site. The trash, debris, signs,
etc., shall be disposed of properly at the expense of the Awardee. Mowing of all turf areas
within the site includes right of ways, perimeter roads, waterway banks (to mean high water
line), and excludes natural maintained areas. All material cleaned up must be removed
from the worksite and disposed of in a recognized landfill or incinerator at the expense
of the Awardee. Blowing or sweeping debris into the street or storm water inlets is prohibited.
On the Bid Sheets, the (Number of Applications) refers to the number of times the site will
receive a service. The number of services is as follows:
1 = 1 service per year
12 = 1 service per month
18 = 1 service per 3 weeks
26 = 1 service per 2 weeks
52 = 1 service per week
104 = 2 services per week
156 = 3 services per week
Page 907 of 1203
8
Basic Maintenance per service includes:
a. Mowing (weed eating and blow off included)
b. Shrub Trimming
c. Edging
d. Weed Control
e. Pruning up to 10 feet (from existing grade)
f. Monthly irrigation wet checks (including minor repairs)
g. Monthly reports
The additional bid sheet items are for services not included in Basic Maintenance, Mulching,
Fertilizers, or Pesticide applications, but may be required from time to time. Prices should
be provided so that the City deem necessary; the additional work can be assigned for the
predetermined price.
SIDEWALK(S) - Paths, trails, sidewalks, and other impervious improvements within site
perimeter shall be edged on both sides using mechanical edgers. All grass and weeds
growing in the cracks shall be removed. Any herbicide used to retard growth must include
a tracer and be approved by the Director of Public Works or Designee in writing prior to
use. Grass and weeds killed with herbicides must be removed after five to seven days.
Paths, trails, and sidewalks shall be blown free of all grass, weeds, dirt, sand and any foreign
material or debris. Limbs hanging over sidewalks must be trimmed to a height of 10 feet
from the ground. Blowing or sweeping debris into the street or storm water inlets is
prohibited. Any limbs impeding walking, playing, biking, or general maintenance shall be
removed to a height of no less than 10 feet ONLY AFTER visual review of the Director of
Public Works or Designee and authorization from the City.
CURBS, GUARDRAI LS, AND ROADWAYS - Shall be edged with mechanical edgers,
trimmed, swept or blown free of all grass, weeds, shrubs, groundcover, dirt or foreign
material and debris. All plant material shall be maintained a minimum of 18 inches
behind the back of the curb. At no time should plant material be allowed to cover or
obstruct the curb line. Curbs that abut with concrete or asphalt walks shall be cleaned of
grass, weeds, shrubs, sand, gravel, trash, debris or anything unsightly. All grass or weeds
growing in or through cracks or breaks, or through concrete or asphalt shall be removed
using the same guidelines as above. All materials cleaned up shall be removed and
disposed of at the expense of the Awardee. Blowing or sweeping debris into the street or
storm water inlets is prohibited. Maintain plant material 5 feet off guardrail.
NON-CURB AREAS - Any roadways where no curb or gutter exists shall be edged to the
edge of the pavement during each cycle. W here no curb exists, keep all plant material,
mulch, etc. a minimum of 36” off of roadway and/or shoulder. Any limbs impeding walking,
playing, biking, or general maintenance shall be removed to a height of no less than 10 feet
ONLY AFTER visual review of the Director of Public Works or Designee and authorization
from the City.
Page 908 of 1203
9
STORM SEWER/DRAINAGE GUTTERS, INGROUND UTILITY BOXES AND TREE
GRATES ON SITE OR DIRECTLY ABUTTING SITES - Shall be cleaned and left free of
all grass/weed clippings, sand, rocks, foreign material, or other unsightly material. Any
broken, damaged, or missing grates must be reported to the city representative immediately.
No sand, debris, or other item shall be blown into storm drains per City code.
LITTER - The Awardee shall remove trash from work area per scheduled maintenance visit
prior to mowing. All illegal dumping should be reported to the Parks Representative
upon arriving at the site. Do not relocate any trash, debris or junk from one area to an
adjacent lot or any unauthorized area as this is in violation of City of Boynton Beach
Ordinances and could jeopardize your position of being able to conduct business with the
City. Trash shall be disposed of at the County landfill, incinerator or other legal and
acceptab le means at the expense of th e Awardee.
TURF MOWING - Mower blades shall be set at a mowing height of three inches (except Town
Square Bermuda grass which will be 1”), or as directed by the Director of Public Works or
Designee. All mowing decks should be cleaned prior to mowing to prevent contamination
from other locations. Blades must be kept sharp at all times during mowing of grass. All turf
areas shall be litter free prior to mowing. Pre-inspection of the site shall be done prior to
performing maintenance. This shall include de -littering the site and removal of all snipe signs
within the park or right of way area. The trash, debris, signs, etc. sh all be properly disposed
of. Extreme caution shall be used when working around parked vehicles, exposed tree roots,
and visitors. The Awardee must use mulching mowers and/or mower shoots with a rear
discharge and all safety features, including blade guards, must be engaged and in use at all
times.
LINE TRIMMING - Line trimmers may be used to trim around telephone poles, sign posts,
buildings, play and ancillary equipment, and along and around fences (includes chain link,
post and rail, and bollards), etc. After areas have been sprayed with glyphosate and show
signs of being dead, the Awardee shall be responsible for removal within 7 days. No blades,
line only around trees, shrubbery, litter receptacles, fountains, and irrigation controllers. Line
trimmers must not be used within any three-foot tree ring. The awardee shall be h eld
responsible for all damage to tree trunks, coping, or other ornamental materials.
EDGING - All edging shall be done during each maintenance cycle and with a mechanical
edger. Line trimmers and trimmers with blades shall not be an acceptable practice.
LANDSCAPE BED MAINTENANCE - Beds shall be free of weeds. Maintenance of all bed
areas shall be completed every visit. Plant materials within the beds shall be maintained
within the boundaries of beds, not allowed to encroach upon turf areas, sidewalks,
walkways, curbs, guardrails or roadways, etc. Plant materials shall be maintaine d at an
approved level of growth unless otherwise specifically identified by the Director of Public
Works or Designee. Plant material and shrubs installed at tips of medians that could interfere
with maintenance of traffic site lines shall be maintained year around at a height of no more
than 18” inches from the road surface or 18” from the curb elevation in any area identified
as being in a sight triangle. There shall be a clear line of definition between plant species in
all beds. Plants shall not be allowed to encroach or cover other plant species within the same
bed.
MULCH - The Director of Public Works or Designee shall be the only authorization, as to, if
mulch is to be applied, how, and where at each maintained area.
Page 909 of 1203
10
Mulch, shell or other ground covering should not be included in bidders per service price, but
as separate option pricing as indicated in ADDITION/DELETION COST BREAKDOW N
page of the Bid Response Pages. NOTE: The cost of materials and labor f or mulch are a
separate line item on the Bid Response Page and should not be incorporated in the service
cost per location price. Bid shall consist of the installation of mulch in a uniformly applied
application of a minimum of 3” deep, except for play areas and around play equipment which
will be determined by the fall height guidelines in accordance with the International Play
Equipment Manufacturer’s Association (IPEMA).
Guidelines for Mulch Application (if applicable): At no time shall a different mulch material(s)
be applied over an existing type of mulch unless approved by the Director of Public Works
or Designee. Mulch shall be installed during November and December of each award year
and must be installed within thirty (30) working day s. A minimum mulch depth of three
inches (3”) shall be applied upon approval. Awardee shall supply all mulch, labor and
equipment. Mulching material shall be horticultural grade “shredded Grade A”. No cypress
mulch shall be used. Mulch shall be Florida Eco-Mulch, eucalyptus, or other Parks and
Grounds Maintenance Department approved material. Mulch color material shall be
determined by Director of Public Works or Designee.
Frequency: Annually per location or as directed by the Contract Administrator. It is the
awardee’s responsibility to maintain a consistent mulch area all year long. If areas are
damaged or washouts occur, the awardee will replace the mulch in that area as part of this
BID.
a. At no time will mulch be allowed to flow into a street or over curb lines.
b. Mulch must be free from any foreign matter, weeds, seeds, or insects and must not
contain large pieces of bark or more than 10% bark by volume.
c. All areas where mulch is to be installed must first be clear of all weeds.
d. Existing mulch that is 3 inch or thicker must be removed prior to the installation of new
mulch.
e. Mulch shall be placed 3 inches away from base of plant.
f. Mulch shall be placed 6 inches from tree trunks.
g. Mulch (for common areas/plant beddings) must meet requirements of FS Q-P 166E
Class B for coarseness classification and be horticultural grade “shredded Grade
A”. Mulch (for play areas) must be in compliance with the American with Disabilities
Act (ADA), the Architectural Barriers Act (ABA) Standard approved and
International Play Equipment Manufacturer’s Association (IPEMA) certified.
TREE RINGS - Three-foot diameter rings shall be maintained around those that have
established rings. The use of mechanical edger is preferred. These rings shall be maintained
with three to four inches of mulch unless prior approval by the Director of Public Works or
Designee. Line trimmers shall not be used within this three -foot ring. Glyphosphate or other
chemicals shall not be applied directly on the bark or foliage of any plants, trees, or shrubbery.
Page 910 of 1203
11
INSECT/PEST CONTROL - All plants, shrubs and tree materials shall be inspected at time
of work insects/pests and appropriate methods shall be taken to control insects/pests found
through the use of approved insecticides/pesticides. Amdro is approved for fire ants. All
other chemicals shall be pre -approved by the Director of Public Works or Designee as
detailed in the technical specifications.
ALL TREES AND PALMS - Trees and Palms shall be trimmed annually or as needed for
public safety, in all median and parkway areas, and from wa lkwa ys and vehicular traffic areas
within the medians and parkways to present an aesthetic appearance, to encourage healthy
vigorous growth, and to mainta in effective safety procedures. Crown Reduction,
Restructuring, uplifting, or Removal should not be included in bidders per cycle price, but as
separate option pricing as indicated in ADDITION/DELETION COST BREAKDOW N page of
the Bid Response Pages.
However, occasional pruning is required for any limbs or branches that block site distances,
impede pedestrian or automobile traffic as part of each service. Maintain a minimum of 10’
clearance over all pedestrian and 16’ over traffic areas. Cuts shall be made with sharp an d
proper tools. When cutting parts of branches, leave a living bud at the end of the stub. Make
cuts sufficiently close to parent stem so that healing can readily start under normal conditions.
Limb cuts shall be clean and at the collar of each limb. Pruning shall also be required from
time to time to remove branches dam aged from storms, frost or when blocking site lines, etc.
Suckers and waterspouts shall be removed from the base of all trees during the maintenance
period.
All tree trimming will be completed by a certified as an ISA Certified Arborist from the
International Society of Arboriculture certification shall be on file with the City at all times. ISA
standards are expected in relation to collar cuts, restructuring, or crown reduction. Up-Lifting
is not allowed unless determined by the City Landscape Architect.
FERTILIZER - The Director of Public Works or Designee shall be the only authorization as
to if fertilizer is to be applied, how, and where at each maintained area. The City may
authorize one or several awardees to apply fertilizer to all maintained areas. Please
reference bid sheets and include price per square foot of fertilization. If awarded, the Awardee
shall give written notice to the Director of Public Works or Designee and provide fertilizer
labels for review, four weeks prior to servicing sites with fertilization. All Federal, local, state
and county regulations must be adhered to.
1.3.2.4 FERTILIZER SPECIFICATIONS
All landscape beds, trees and plant material, shall be fertilized (upon direction of Director of
Public Works or Designee) a maximum of twice (2X) per the below ratio and/or season
schedules. All fertilizer shall be applied with ratios stated below:
Turf, Plants, Trees & Palms - Mid-March to Mid-April & November Areas with Special
needs:
PF/SE/007 - Pence Park - Bermuda on the ballfield and St. Augustine in park.
PF/SW/003 - Congress Ave. Barrier Free Park - Bahia and St. Augustine turf
PF/NW/004 - Fire Station #5 - All Bahia
Page 911 of 1203
12
PF/NW/007 - Ezell Hester Center - Bermuda ball fields and St. Augustine
PF/NW/005 - Galaxy Park - Bermuda ball field and St. Augustine
PF/NW/017 - Carolyn Sims Center - Bermuda ball field and St. Augustine
St. Augustine & Bahia Turf 24-0-11 (approximately 50% slow release)
Nitrogen – 24% urea Nitrogen
Soluble Potash – 11%
Plus – Sulfur, Iron, Manganese, Chlorine
Bermuda & Zoysia Turf 15-0-15 (approximately 50% slow release)
Nitrogen – 4.5% Ammoniacal Mitrogen and 10.5% Urea Nitrogen
Soluble Potash – 15%
Trees – 7-1-7 (slow release)
Nitrogen - .39% Ammoniacal Nitrogen & 6.61% Urea Nitrogen
Available Phosphate – 1%
Soluble Potash - 7%
Plus – Sulfur, Iron, Manganese, Chlorine
Palms - 10-4-12 (slow release)
Nitrogen – 5% Ammnoniacal nitrogen & 5% Urea Nitrogen
Plus – Magnesium, Sulfur, Boron, Iron, Manganese, Chlorine
Flowering Shrubs – 14-14-14 (approximately 50% slow release)
Nitrogen – 5.45 % Ammoniacal Nitrogen & 8.55% Urea Nitrogen
Available Phosphate –14%
Soluble Potash - 14%
Plus – Sulfur, Iron, Manganese, Chlorine
Non-Flowering Shrubs - 13-3-13 (slow release)
Nitrogen –1.15% Ammoniacal Nitrogen &11.85% Urea Nitrogen
Available Phosphate –3%
Soluble Potash - 13%
Plus – Magnesium, Sulfur, Iron, Manganese, Chlorine
WEED CONTROL - Controlling weeds with chemicals in all lawns, bed areas, concrete
slopes, tree grate areas, planters, etc., shall be in compliance with product labeling and the
State of Florida Agriculture Department’s Extension Service. W eed control shall be
performed at the early signs of weed growth and shall be repeated as required. The
manufacturer’s written instructions shall be strictly adhered to for application rates, etc.
Chemical herbicides may be used along building edges, tree wells, bed areas, etc., as long as
the appearance of dead vegetation is not apparent. Any damage to existing turf or plant material
due to herbicidal over-spray shall be the responsibility of the Awardee, and will be replaced at
their cost. The Awardee shall use an approved herbicide with tracer, which is recommended
for the control of the types of weeds encountered. The manufacturer’s written instructions shall
be strictly adhered to for application rates, etc. All weeds and refuse shall be removed from
the site as the work is in progress. Weed control by hand and/or spraying shall be completed
at the time of service or as specified by the Director of Public Works or Designee.
Page 912 of 1203
13
1.3.2.5 MAINTENANCE REQUIREMENTS SUMMARY :
a. The Contractor shall mow, weed, edge, trim, prune and blow and/or sweep off hard
surfaces as per maintenance frequencies of service.
b. The Contractor shall conduct irrigation wet check, minor irrigation repairs including
nozzle, head or rotor replacement.
c. The Contractor shall apply weed control in turf per the frequency of service.
d. The Contractor shall r eport Graffiti and Illegal Dumping per the frequency of service.
e. The Contractor shall check trees/shrubs for disease and insects and report accordingly
as per maintenance frequencies of service.
f. The Contractor shall prune trees up to 14 foot as needed upon discretion of The
Director of Public Works or Designee.
g. The Contractor shall fertilize on a biannual basis and advise of monitoring thirty (30)
days before application.
h. The Contractor shall mulching annually upon discretion of The Director of Public Works
or Designee.
i. The Contractor shall conduct mangrove trimming on an as needed basis, upon the
discretion of The Director of Public Works or Designee.
j. The Contractor shall conduct fire ant control on an as needed basis, upon discretion
of The Director of Public Works or Designee.
k. The Contractor shall conduct bee removal on an as needed basis upon discretion of
The Director of Public Works or Designee.
NOTE: It is the Awardee’s responsibility to meet all specifications set forth above.
1.3.3 PERFORMANCE WARRANTY:
The vendor shall guarantee all work, equipment and materials included in the service against
any defects in workmanship; and shall satisfactorily correct, at no cost to City, any such defect
that may become apparent within a period of one year after completion of work. The warranty
period shall commence upon date of acceptance, inspection and approval by City
Representative only. If the vendor is notified in writing of a deficiency in the work provided,
within one year from completion of the work, the vendor shall, at City's option, re- perform the
work in question at no additional cost to City, or refund the original charges for the work in
question to City, including the difference in cost if any, to re-perform the work if completed by
another vendor.
1.4 GENERAL REQUIREMENTS
A. REFERENCES:
Page 913 of 1203
14
Bidders shall complete reference document submitted with their bid of at least three (3)
letters of reference from customers attesting to satisfactory performance of awards
performed within the past two years, each reference must have been for contracted
landscaping maintenance services on properties consisting of at least 1 acre, and includes
all of maintenance request items listed herein. This reference list shall be complete with
contact person(s), telephone numbers, and email addresses.
NOTE: The information requested must include a current contact name, phone number and
email address for each reference.
B. COMMUNICATIONS:
The contractor or his/her representative will meet with the City’s contract administrator every
other Monday, to discuss schedules, problems, needs, and mutual areas of concern.
C. QUALIFICATIONS:
The bidder shall provide references on the accompanying sheets in this bid package. The
Bidder shall be qualified in the landscape maintenance service field for a minimum of 5 years.
The bidder shall show that they have provided similar service in accordance with the bid
documents, and a review of a sample area (street address) shall be provided for review of
previous work quality expected in the bid documents.
The bidder(s) must have adequate organization, facilities, equipment and personnel to insure
prompt and efficient service. The City of Boynton Beach (COBB) reserves the right, before
recommending any award, to inspect the facilities to determine ability to perform. The City of
Boynton Beach COBB reserves the right to reject bids where evidence submitted,
investigation and/or evaluation, is determined to indicate inability of the bidder to perform.
All questions submitted (along with their source) are subject to Public Records Laws and as
such will be available for inspection upon receipt of a Public Records Request.
D. SECURITY AND ACCESS:
All contract/sub-contract employees will display City issued photo identification badges while
working on City premises. No contract/sub-contract employee will be allowed access to any
City facilities area without displaying the required City issued photo identification badge,
wearing uniform shirts clearly identifying the company’s name, and wearing closed toe, rubber
soled shoes at all times. Also, while shorts are acceptable, they cannot be more the 3” above
the knee caps.
The contractor/sub-contractor will work in several areas which are:
1. Under secured access
a) Shall be maintained in a secured condition and will be locked immediately upon
the contractor completing their work.
2. Generally opened to the public for meetings, rentals, and other uses.
E. SUB-CONTRACTING:
If a vendor intends to sub-contract any portion of this bid for any reason, the name and address
of the subcontracting firm must be submitted with the bid or prior to use for approval. No sub-
Page 914 of 1203
15
contracting will take place prior to bid-awarded vendor furnishing this information and
receiving written approval from the COBB. Subcontractors will be required to conform to the
Jessica Lunsford Act as noted in the Instructions to Bidders document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed in
the proper performance of an award or failed to deliver on-time contracts of a similar nature, or
who is not in the position to perform this award. The Contract Administrator reserves the right
to inspect all facilities of any subcontractor in order to make determination as to the foregoing.
The subcontractor will be equally responsible for meeting all requirements specified in this
Invitation to Bid. Vendors are encouraged to seek minority and women business enterprises for
participation in sub-contracting opportunities. The sub-contractor shall be equally responsible
for meeting all requirements specified in this Invitation to Bid.
F. PAYMENT TERMS:
Payment will be made after the goods/services from the awarded vendor have been
received/completed; inspected and found to comply with award specifications, free of damage
or defect; and a properly billed invoice is received and processed in the Accounting Services
Department.
Payment will not be processed until the follow ing occurs:
1. The complete and satisfactory receipt of all items ordered. All pricing in accordance
with the bid.
2. The receipt of a properly billed invoice sent to the Contractor Administrator.
3. The contract shall be paid in 12 equal monthly installments.
Invoices to the COBB MUST include the following to permit verification of prices and
expedite payment to vendors:
1. Name and Address of Vendor
2. A Unique Invoice Number
3. Date of Service(s)
4. Itemized pricing to include copy of vendor’s invoice for any equipment and parts used
(including mark-up as specified in Attachment “C”.
5. City of Boynton Beach Purchase Order Number
Failure to timely submit invoices(s) within 30 days to the Contract Administrator as set forth
above may significantly delay processing and payment of the invoice.
The above terms and conditions are agreed to by submitting an offer on this bid.
G. INCORRECT PRICING ON INVOICES:
Any pricing on invoices that are incorrect or freight charges that were not included on the
original Purchase Order, must be brought to the attention of the Contract Administrator and
corrected prior to the shipment(s) of goods or initiation of services. Additional costs that were
not brought to the Contract Administrator’s attention and did not receive written approval via a
Change Order issued by the Buyer may not be honored.
H. CHANGE ORDERS:
Any addition(s) to the Scope of Work or to a Purchase Order as a result of the bid award that
adds additional costs must be brought to the Contract Administrator’s attention and approved
Page 915 of 1203
16
by the Purchasing Department prior to commencement of additional work, shipment of goods
or the addition of unauthorized freight charges. Once approved, a Change Order will be issued
to include the additional costs and work may commence and/or shipment of goods can begin.
Additional costs that were not brought to the Contract Administrator’s attention and did not result
in a Change Order approved by the Buyer may not be honored.
I. COMPLETION OF SERVICES AND LIQUIDATED DAM AGES:
The completion date for repairs or projects shall not exceed quoted or set project schedule,
unless written request for extension and the approved authorization has been granted. Should
the bidder to whom the repair work is awarded, fail to complete the work within the number of
days stated in the quote, the COBB reserves the right to:
1. The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount
of damages which the City will suffer in the event the Contractor does not timely complete
the scope of work and/or perform to the technical specifications as outlined in the bid
documents and contract. The Contractor and City agree these liquidated damages shall be
assessed as damages, as provided in the Contract, and that they are not, and shall never be
considered to be a penalty.
2. Liquidated damages due to the City may be deducted from payments due the Contractor, or
may be collected from the Contractor or his Surety. These provisions for liquidated damages
shall not prevent the City, in case of the Contractor’s default, from terminating the right of the
Contractor to proceed as provided in the Contract.
3. Upon the occurrence of any failure to perform, the City shall notify the Contractor in writing
of the nature of the failure and of City's intention to request corrective action(s), assess
liquidated damages or either terminate the Contract.
4. Upon receipt of any such notice, Contractor, unless the notice requires otherwise:
a. Shall promptly make every reasonable effort to correct all items listed in the notice
satisfactory to the City’s requirements within one (1) calendar day;
b. Failure to correct all items within three (3) calendar days will result in damages being
assessed as shown below under Section 1.5 – Liquidated Damages:
c. Failure to correct for the same item three (3) times in a ninety (90) day period will
automatically be grounds for termination of the contract.
5. Liquidated Damages – The Liquidate Damages shall be assessed as follows:
Service item % reduction in monthly payment
a. Missed/Noncompliant Mowing of Turf/Grass 12.5% per occurrence
b. Missed/Noncompliant Trimming/Pruning 20.0% per occurrence
c. Missed/Noncompliant Litter Control 1.25% per occurrence
d. Missed Wet Check 10.0% per occurrence
e. Missed/Noncompliant Edging/Line Trimming 1.25% per occurrence
f. Missed/Noncompliant Weed Control 10.0% per occurrence
Page 916 of 1203
17
If the COBB exercises one of these options, the COBB may at its option request payment from
the bidder through invoice or credit memo, for any additional costs over and beyond the original
quoted prices, which were incurred by the COBB as result of having to secure the services
elsewhere or for liquidated damages. If the bidder fails to honor this invoice or credit memo, the
COBB may remove that bidder from the contract.
J. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER:
The successful Bidder shall promptly correct all deficiencies and/or defects in work and/or any
work that fails to conform to the Contract Documents; whether or not fabricated, installed or
completed. All corrections shall be made within 24 hours af ter such rejected defects,
deficiencies, and/or non-conformances are reported in writing (email, memo, inspection
reports, etc.) to the Bidder by the Contract Administrator or designee. The Bidder shall bear
all costs of correcting such rejected work. If the Bidder fails to correct the work within the period
specified; the COBB may, at its discretion, notify the Bidder, in writing, that the Bidder is
contractually default and obtain the services of another vendor to correct the deficiencies, and
charge the Bidder for these costs; either through a deduction from the final payment owed to
the Bidder or through invoicing.
Page 917 of 1203
18
INVITATION TO BID (ITB)
No. 032-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – FACILITY SITES”
SECTION 2 – INSTRUCTIONS TO BIDDERS
2.1 Electronic Invitation to Bid (ITB’s) shall be received by the City’s e-Procurement bidding
system no later than: 10/23/2020 No Later Than 2:30 PM (Local Time).
2.2 Late responses are not permitted by the bidding system. It shall be the sole responsibility of
the Bidder to have their ITB submittal submitted online.
2.3 Bidders shall acknowledge receipt of any addenda through the Bidding System by checking
a box for each addenda and any applicable attachment.
2.4 It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders
should check online at Boynton-beach.bidsandtenders.net prior to submitting their bid and up
until the ITB closing time and date in the event additional addenda are issued.
2.5 To obtain documents online please visit Boynton-beach.bidsandtenders.net. You may preview
the ITB documents with a Preview Watermark prior to registering for the opportunity.
Documents are not provided in any other manner.
2.6 ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System.
Hardcopy submissions are not permitted.
2.7 Bidders are cautioned that the timing of their bid submission is based on when the bid is
RECEIVED by the bidding system, not when a bid is submitted, as the submittal transmission
can be delayed due to file transfer size, transmission speed, etc.
2.8 For the above reasons, it is recommended that sufficient time to complete your bid Submission
and to resolve any issues that may arise. The closing time and date shall be determined by
the Bidding System’s web clock.
2.9 Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior
to the closing time and date, if they encounter any problems. The Bidding System will send a
confirmation email to the Bidder advising that their submittal was submitted successfully. If
you do not receive a confirmation email, contact bids&tenders support at
support@bidsandtenders.net.
2.10 Late Submittal Responses are not permitted by the Bidding System.
Page 918 of 1203
19
2.11 To ensure receipt of the latest information and updates via email regarding this Invitation to
Bid, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the
Bidder to create a Bidding System Vendor account and register as a Plan Taker for the
Solicitation.
2.12 All expenses for making ITB responses to the City are to be borne by the Bidder.
2.13 A sample draft agreement that the City intends to execute with the successful firm(s) is
contained within this Invitation to Bid for review. The City reserves the right to modify the
contract language prior to execution.
2.14 Each Bidder, by submission of a bid response, acknowledges that in the event of any legal
action challenging the award of an ITB; damages, if any, shall be limited to the actual cost of
the preparation of the ITB.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
Page 919 of 1203
20
INVITATION TO BID (ITB)
No. 032-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – FACILITY SITES”
SECTION 3 – BIDDER SUBMISSION REQUIREMENTS
3.1 SUBMISSION OF INVITATION TO BID
A. The Contractor shall provide all services and necessary items of expense, including but not
limited to labor, material, trucking, transportation, equipment, power, supervision, and all
other services and items of expense required for the complete performance of all Work.
B. Pay legally required sales, consumer, and use taxes.
C. Pay all charges by all suppliers and subcontractors to the Contractor for such work as
supporting, replacing, moving or providing protection for their facilities as necessitated by
the Contractor's operation.
D. Pay all costs of restoration of pavements, landscaping, and structures damaged by the
Contractor's operation, including all staging areas solely to the satisfaction of the City.
E. Give all required notices.
F. Comply with laws, codes, ordinances, rules, regulations, orders, and other legal
requirements of public or quasi-public authorities that bear on the performance of the work.
G. The Contractor shall be responsible for safely barricading open excavations which may
present hazards.
H. The Contractor shall be responsible for securing all tools, equipment and material at the job
site.
I. Ensure that all personnel are properly dressed with OSHA approved clothing and safety
gear, including but not limited to hard hats, work shoes, shirts and long pants, as appropriate
for the performance of the Work.
8. Submittal of General Information and Procurement Forms and Documents
Procurement forms must be completed, signed, notarized, uploaded and or
acknowledged when required and submitted. In addition, all other requests and
supporting documentation should be included.
A) Bidder Qualification Statement – Upload Online
B) Addenda Acknowledgement – Online Acknowledgement
C) Anti-Kickback Affidavit – Upload Online
D) Non-collusion Affidavit of Bidder – Upload Online
E) Confirmation of Minority Owned Business - Online Form
F) Certification Pursuant to Florida Statute § 287.135 - Upload Online
G) Confirmation of Drug Free Workplace - Online Acknowledgement
H) Palm Beach Inspector General - Online Acknowledgement
I) Local Business Certification - Online Form
Page 920 of 1203
21
J) Statement of Non-Submittal (if applicable) - Online Form
K) Schedule of Sub-Consultants – Online Form
L) Submit current Florida Professional License, including evidence of
possession of required licenses or business permits – Attach and Upload
M) Submit proof of Professional Liability Insurance at the levels identified on
the Insurance Advisory Form – Attach and Upload
N) Submit any Supplemental information relative to this ITB – Attach and
Upload
O) Mandatory Pre-Proposal Conference and Site Visit will be held at 10AM on
10/02/2020 at CITY OF BOYNTON BEACH CITY HALL, 100 EAST OCEAN
AVENUE, BOYNTON BEACH, FL 33435. Attendance is mandatory.
O) Question Deadline: 10/08/2020, No Later Than 12:00 P.M.
3.1.1 PROOF OF LICENSING:
The Contractor shall submit proof of current licensing, ISA Arborist Certification, Professional
Mangrove Trimming Certification, herbicide and pesticide licenses, and MOT Certification and shall
maintain continuous licensing throughout the award period.
BID SHEET IS A
SEPARATE DOCUMENT
WHERE YOU WILL
INPUT PRICES WITHIN
THE SYSTEM
Page 921 of 1203
22
INVITATION TO BID (ITB)
No. 032-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – FACILITY SITES”
SECTION 4 – GENERAL CONDITIONS
DEFINITIONS AND TERMS:
The terms used in these specifications are defined as follows:
OWNER: CITY OF BOYNTON BEACH
OWNER’S
REPRESENTATIVE: GARY DUNMYER, PE, CITY ENGINEER
PROJECT MANAGER: MATTHEW DOYLE, RLA, CITY LANDSCAPE ARCHITECT
CONTRACTOR: The person, firm or corporation with whom this Contract is executed by
the Owner.
SUBCONTRACTOR: Any person, firm or corporation other than the Contractor supplying
material or labor for work at the site of the project. Such person or firm
has contractual relations with the Contractor, but not with the Owner.
CONTRACTOR LICENSE
REQUIREMENT: Registered Certified General Contractor, Registered Landscaping
Contractor, ISA Certified Arborist
SURETY: Any person, firm or corporation that has executed as Surety the
Contractor’s performance bond securing the performance of this
Contract.
CONTRACT: The agreement executed by the Owner and the Contractor covering the
work to be performed and including all Contract Documents.
SPECIFICATIONS: The detailed written description of the work.
DRAWING(S): The drawings listed and described in the Contract Documents.
PROJECT: The entire services or installation to be performed as set forth in the
Contract Documents.
Page 922 of 1203
23
CLAIMS AND NOTICES: A notice is defined to be information rendered by either party to the other
upon a condition becoming known pursuant to the following
requirements. All claims, requests, substitutions, changes, notice, delays
and any and all other forms of notices or claims by the Contractor to the
Owner or Engineer must be in writing and promptly presented. If none is
so made, it is irrefutably presumed not to have been given by the
Contractor to the Owner or Engineer.
1. FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in
compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any
manner affect the equipment and the services provided to the City. Ignorance on the part of the
bidder will in no way relieve bidder of responsibility to adhere to such regulations.
2. ITB FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and
descriptive information must be legibly entered. The bidder must state the price and the time of
delivery for which they propose to deliver the equipment or service requested. The bidder IS
required to be licensed to do business as an individual, partnership or corporation in the State of
Florida. Place all required bid forms in a sealed envelope that has the company’s name and
address, Bidder title, number, Bidder date and time on the outside of the sealed envelope. Bidders
not submitted on appropriate proposal forms may be rejected. All Bidders are subject to the
conditions specified herein. Bidders which do not comply with these conditions are subject to
rejection.
3. EXECUTION OF ITB: ITB must contain a manual signature of an authorized representative in the
space provided on all affidavits and bid sheets.
4. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part
of the evaluation process in determining the award of bidder. Demonstrations of the merits of the
equipment/services that meet City requirements shall be requested by Procurement Services.
Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned
per the individual bid product or service application, will form the Bid Award Committee to evaluate
and submit a group award recommendation. The City reserves the right to make separate and
independent awards based on its needs and the combined evaluation results.
5. PRICE ESCALATION/DE-ESCALATION: The City of Boynton Beach will allow a price escalation/de-
escalation provision within this award after the first year of service.
The original bid prices shall be firm for a one (1) year minimum period. A price escalation/de-
escalation will be allowed one (1) year after the beginning of the award period and at one (1) year
intervals thereafter, provided the Contractor notifies the City of Boynton Beach, in writing, of the
pending price escalation/de-escalation a minimum of 60 days prior to the effective date of the price
escalation/de-escalation. The price escalation percentage change shall not exceed the previous one
(1) year’s percentage change of the Consumer Price Index (CPI) published by the U.S. Department
of Labor’s Bureau of Labor Statistics. The City of Boynton Beach obtains this CPI Index from The
Municipal Cost Index, developed exclusively by American City and County Magazine and can be
found at http://americancityandcounty.com/mciarchive/. Failure to comply with these
instructions shall be grounds for disallowance of a price escalation as allowed herein.
6. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents
may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and
specifically noted in the bidder’s submittal on a separate sheet marked “EXCEPTIONS TO THE
Page 923 of 1203
24
SPECIFICATIONS” and this sheet shall be attached to the bid. The use of bidder’s standard forms,
or the inclusion of manufacturer’s printed documents shall not be construed as constituting an
exception within the intent of the Contract documents.
7. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed
which would necessitate alteration of the material, quality, workmanship or performance of the
items offered on this submittal prior to their delivery, it shall be the responsibility of the successful
bidder to notify the City at once, indicating in a letter the specific regulation which required an
alteration. The City reserves the right to accept any such alterations, including any price
adjustments occasioned thereby, or to cancel the Contract at no expense to the City
8. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with
specifications under the direction of appropriate testing laboratories. The data derived from any
tests for compliance with specifications are public records and open to examination thereto in
accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications
may be rejected and returned at vendor’s expense. These items and items not delivered as per
delivery date in the bid and or Purchase Order may result in the bidder being found in default in
which event any and all procurement costs may be charged against the defaulted Contractor. Any
violation of these stipulations may also result in the vendor’s name being removed from the City of
Boynton Beach’s vendor mailing list.
9. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder,
the decision of the City Manager shall be final and binding on both parties.
10. NO SUBMITTAL: A no submittal response can be submitted online through the e-Procurement
bidding system.
11. ITB DEADLINE: It is the Bidder’s responsibility to assure that the ITB is submitted electronic by or
at the proper time and date prior to the ITB deadline. Late submittal responses are not permitted
by the Bidding System.
12. RIGHTS OF THE CITY: The City expressly reserves the right to:
A. Waive as an informality, minor deviations from specifications at a lower price than the most
responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is
determined that total cost is lower and the overall function is improved or not impaired;
B. Reject or cancel any or all ITB’s;
C. Reissue an Invitation to ITB;
D. Extend the ITB deadline time and date;
E. Consider and accept an alternate bid as provided herein when most advantageous to the City.
F. Increase or decrease the quantity specified in the Invitation to Bid;
13. STANDARDS: Factors to be considered in determining whether the standard of responsibility has
been met include whether a prospective Bidder has:
A. Available the appropriate financial, material, equipment, facility, and personnel resources and
expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual
requirements;
B. A satisfactory record of performance;
C. A satisfactory record of integrity;
D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach;
E. Supplied all necessary information in connection with the inquiry concerning responsibility.
Page 924 of 1203
25
14. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed
to the Purchasing representative through the Bidding System only by clicking on the “Submit a
Question” button for this specific ITB no later than ten (10) days prior to the ITB deadline. Inquiries
must reference the date by which the ITB is to be received.
15. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is
awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities
available, provide to other governmental agencies, so requesting, the products or services awarded
in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall
be F.O.B. Destination to the requesting agency.
16. AWARD OF CONTRACT: The low monetary bid will not in all cases be awarded the Contract or
Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive,
responsible bidder whose bid represents the most advantageous bid to the City, price and other
factors considered. Evaluation of bids will be made based upon the evaluation factors and
standards set forth herein. The City reserves the right to reject any and all bids and to waive
technical errors as set forth herein. In the event of a Court challenge to an award by any bidder,
damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred
by the challenging bidder. In no case will the award be made until all necessary investigations have
been made into the responsibility of the bidder and the City is satisfied that the most responsive,
responsible bidder is qualified to do the work and has the necessary organization, capital and
equipment to carry out the required work within the time specified.
17. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding
that all items/services delivered must meet the specifications herein. Items/services delivered not
as specified, will be returned at no expense or penalty to the City of Boynton Beach.
18. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates
that the seller is responsible for the shipment until it reaches its destination. Any and all freight
charges are to be included in the bid total. The bidder’s invoice payment terms must be shown.
19. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories
and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship.
This warranty shall be for a period of 365 days or the time designated in the standard factory
warranty, whichever is longer. The warranty will be the same as that offered to the commercial
trade and shall be honored by any of the manufacturer’s authorized dealers. Warranty will cover
parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property,
if space is available; this will be at the sole discretion of the City. Contact Procurement Services for
permission to perform warranty service on City property. Warranty to start at the time of acceptance
by the City; however, in cases where vehicles or equipment are not immediately placed in service,
the bidder will provide a delay of warranty start-up time. The period of warranty delay will be
coordinated by Procurement Services.
20. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include
all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is
requested to offer a cash discount for prompt invoice payment. Discount time will be computed from
the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office
specified, whichever is later.
Upon delivery, the City shall make final inspection. If this inspection shows that the
equipment/service has been delivered/performed in a satisfactory manner in accordance with the
specifications, the City shall receive the same. Final payment due the bidder shall be withheld until
visual inspection is made by the using department and merits of performance evaluated. This total
Page 925 of 1203
26
acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty
(30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required
to pick up the equipment, accomplish the necessary repairs and return the equipment to the City.
Warranty repairs may be accomplished on City property if space is available; this will be at the
discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the
bidder, unless such loss or damages have been proven to be the result of negligence by the City.
A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities.
B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices,
extensions and all instructions pertaining to supplies and services. Failure to do so will be at
bidder’s risk.
C. DISCOUNTS: Will be considered in determining the lowest net cost.
D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped
as a result of this bid shall be new (current production model at the time of this bid). All containers
shall be suitable for storage or shipment, and all prices shall include standard commercial
packaging.
E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and
fabricated assemblies shall carry U.L. approval and reexamination listing where such has been
established.
21. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time
is of importance to the City and the bidder is hereby notified that the date of delivery will be
considered as a factor in the evaluation of the bids
22. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses
and permits, if required, to complete this service at no additional cost to the City. Licenses and
permits shall be readily available for review by the Buyer and City Inspectors.
23. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material,
equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that
if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently
found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary
to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall
be borne by the bidder.
Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and
State safety regulations and requirements.
24. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of
the City of Boynton Beach, Palm Beach County, of the State of Florida.
25. SUBCONTRACTING: If a Bidder subcontracts any portion of a Contract for any reason, the Bidder
must state the name and address of the subconsultant and the name of the person to be contacted
on the attached “Schedule of Subconsultants”. The City of Boynton Beach reserves the right to
accept or reject any or all bids wherein a subconsultant is named and to make the award to the bid,
who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City.
The City also reserves the right to reject a bid of any Bidder if the bid names a subconsultant who
has previously failed in the proper performance of an award or failed to deliver on time Contracts
Page 926 of 1203
27
of a similar nature, or who is not in a position to perform properly under this award. The City
reserves all rights in order to make a determination as to the foregoing.
26. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to the Bidder through the City’s e-Procurement system Boynton-beach.bidsandtenders.net, it is each Bidder’s responsibility of each bid to have receive all addenda that are issued. Bidders should check online at Boynton-beach.bidsandtenders.net prior to submitting their bid and up until the ITB closing time and date in the event additional addenda are issued. If a Bidder submits their bid prior to the ITB closing time and date and any addenda have been issued, the Bidding System shall withdraw the Bidder’s submission and the submittal status will change to an incomplete status and withdraw the bid submittal. The Bidder can view this status change in the “MY BIDS” section of the Bidding System.
The Bidder is solely responsible to:
• make any required adjustments to their Bid; and
• acknowledge the addenda; and
• Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the
stated bid closing time and date
27. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the Bidder
offers and agrees that if the bid is accepted, the Bidder will convey, sell, assign or transfer to the
City of Boynton Beach all rights, title and interest in and to all causes of action it may now or
hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing
relating to the particular commodities or services purchased or acquired by the City of Boynton
Beach. At the City of Boynton Beach’s discretion, such assignment shall be made and become
effective at the time the Purchasing Division tenders final payment to the Bidder.
28. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and
regulations that in any manner affect the items covered herein apply. Lack of knowledge by the
Bidder will in no way be a cause for relief from responsibility.
29. ON PUBLIC ENTITY CRIMES –provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid
on a contract with a public entity for the construction or repair of a public building or public work,
may not submit Bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor or consultant under a contract with any public entity,
and my not transact business with any public entity in excess of the threshold amount provided
S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
30. SCRUTINIZED COMPANIES - 287.135 and 215.473 By submission of this Bid, Bidder certifies that
Bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder 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 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
Page 927 of 1203
28
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.
Solicitation responses of $1 million or more must include the attached Scrutinized Companies form
to certify that the Bidder is not on either of those lists.
31. NON-COLLUSION AFFIDAVIT: Each Bidder shall complete the Non-Collusion Affidavit Form
and shall submit the form with their bid. The City considers the failure of the Bidder to submit
this document to be a major irregularity, and may be cause for rejection of the bid.
32. ANTI-KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti-Kickback Affidavit Form and
shall submit this form with their bid. The City considers the failure of the Bidder to submit this
document to be a major irregularity, and may be cause for rejection of the bid.
33. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach
to increase the participation of minority-owned businesses in its contracting and procurement
programs. While the City does not have any preference or set-aside programs in place, it is
committed to a policy of equitable participation for these firms. Therefore, each bidder shall
complete the Confirmation of Minority-Owned Business Form and shall submit the form with its
Bid/Proposal.
34. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any
commercial advertising. Violation of this stipulation may be subject to action covered under
“NONCONFORMANCE WITH CONTRACT CONDITIONS”.
35. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may
be come due hereunder are not assignable except with the prior written approval of the City.
36. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida
its officers, agents, volunteers and employees from liability of any kind in the performance of this
Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense
of the City, its City Commissioners, agents, servants an employees from and against any and all
claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any
personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder’s
operation pursuant to this Contract and from and against all costs, counsel fees, expenses and
liabilities incurred in an about any such claims, the investigation thereof, or the defense of any
action or proceedings brought thereon, and from and against any orders or judgments which may
be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any
claim, suit or action against the City arising directly or indirectly from the operations of the bidder
hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the
provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit
or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys’ fees and
damages which may be incurred or sustained by the City by reason of the bidder’s breach of any
of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its
employees.
37. 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:
Page 928 of 1203
29
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
E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONSULTANT’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
38. FUNDING OUT:
The resultant 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 for 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.
39. PALM BEACH COUNTY INSPECTOR GENERAL:
The contractor is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of any contracts resulting
from this solicitation, and in furtherance thereof, may demand and obtain records and testimony
from the contractor and its subcontractors and lower tier subcontractors. The contractor
understands and agrees that in addition to all other remedies and consequences provided by law,
the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with
the Inspector General when requested, may be deemed by the municipality to be a material breach
of this contract justifying its termination.
40. LOCAL BUSINESS PREFERENCE:
Page 929 of 1203
30
The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business
preference.
“For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City
shall give preference to a Local Business if the Local Business’ bid is determined to be within five
percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and
responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder
returning the highest amount to the City, the same preference set forth herein shall be applied with
respect to the highest bid.”
In order to be considered for a local business preference, a bidder must include the Local Business
Status Certification Form at the time of bid submittal.
Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible
for the local business preference for this solicitation.
41. BRAND NAMES:
Use of a brand name, trade name, make, model, manufacturer, or vendor catalog number in
specifications is for the purpose of establishing a grade or quality of material only. It is not the
COBB's intent to rule out other competition, therefore, the phrase
OR ACCEPTABLE EQUAL is added. However, if a product other than that specified is bid, it is the
vendor's responsibility to submit with the bid brochures, samples and/or detailed specifications on
items bid. The COBB shall be the sole judge concerning the merits of bid submitted.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the
specified brands, and shall indicate ANY deviation from the specifications as listed. Other than
specified items offered requires complete descriptive technical literature marked to indicate detail(s)
conformance with specific COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has
been no violation of copyrights or patent rights in manufacturing, producing or selling the goods
shipped or ordered as a result of this bid. Seller agrees to hold the purchaser harmless from any
and all liability, loss or expense occasioned by any such violation.
42. PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extend total. Prices must
be stated in units of quantity specified in bid specifications. In case of discrepancy in computing the
amount of the bid, the UNIT PRICE quoted will govern. All prices FOB destination, freight prepaid
(unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will
be in accordance with terms and conditions stated herein. Each item must be bid separately and
no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity
discounts offered will not be a consideration in determination of award of bid(s). If a bidder offers a
discount, it is understood that a minimum of 30 days will be required for payment, and the discount
time will be computed from the date of satisfactory delivery at place of acceptance and receipt of
correct invoice at the office specified.
43. CONDITIONS AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current
production model at the time of the bid). All containers shall be suitable for storage or shipment, and
all prices shall include standard commercial packaging.
Page 930 of 1203
31
44. DELIVERY:
Unless actual date of delivery is specified, show number of days required to make delivery after receipt
of purchase order in space provided. Delivery time may become a basis for making an award (See
Special Conditions). Delivery shall be within the normal working hours of the user, Monday through
Friday, excluding holidays unless otherwise specified on the purchase order.
45. QUALITY:
The items bid must be new and equal to or exceed specifications. The manufacturer's standard
guarantee shall apply. During the guarantee period the successful bidder must repair and/or replace
the unit without cost to the COBB with the understanding that all replacements shall carry the same
guarantee as the original equipment. The successful bidder shall make any such repairs and/or
replacements immediately upon receiving notice from the COBB.
46. SAMPLES, DEMONSTRATIONS AND TESTING:
Samples of items, when required, must be furnished free of expense and if not destroyed, will upon
request, be returned at the bidder's expense. Request for the return of the samples must be indicated
on his or her bid. Each individual sample must be labeled with bidder's name, bid number and item
number. Failure of bidder to either deliver required samples or to clearly identify samples as indicated
may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the
Contract Administrator.
When required, the COBB may request full demonstrations of any units bid prior to the award of any
contract.
Items may be tested for compliance with specifications under the direction of the Florida Department
of Agriculture and Consumer Services, or an independent testing laboratory. Bidders shall assume full
responsibility for payment for any and all charges for testing and analysis of any materials offered or
delivered that do not conform to the minimum required specifications. Bidder's disposition of all items
delivered in this category must be at no expense to the COBB.
47. INSPECTION AND ACCEPTANCE OF GOODS:
The awarded bidder shall be responsible for delivery of items in good condition at point destination.
Bidder shall file with the carrier all claims for breakage, imperfections, and other losses, which will be
deducted from invoices. The COBB will note, for the benefit of successful bidder, when packages are
not received in good condition. In the event the material and/or services supplied to the COBB is found
to be defective or does not conform to specifications, the COBB reserves the right to cancel the order
upon written notice to the seller and return the product to seller at the seller's expense.
48. PRODUCT RECALL:
In the event the awarded bidder receives notice that a product delivered to the COBB has been
recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found
to be unfit for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by
any State or Federal regulatory agency, the awarded bidder shall notify the COBB’s Bid Buyer within
two business days of receiving such notice. The COBB’s acceptance or failure to reject the affected
product as non-conforming shall not in any way impact, negate, or diminish the awarded bidder’s duty
Page 931 of 1203
32
to notify the COBB’s Buyer that the affected product has been recalled, seized or embargoed, and/or
has been determined to be misbranded, adulterated, or found to be unfit for human consumption. The
form and content of such notice to the COBB shall include the name and description of the affected
product; the approximate date the affected product was delivered to the COBB; the bid number; and
relevant information relating to the proper handling of the affected product and/or proper disposition of
the affected product by the COBB, if necessary to protect the health, welfare, and safety of COBB
students or employees; and any health hazards known to the awarded bidder which may be caused or
created by the affected product. The awarded bidder shall, at the option of the Purchasing Department
and/or Purchasing Agent, either reimburse the purchase price or provide an equivalent replacement
product at no additional cost to the COBB. Unless it was absolutely necessary for the COBB to dispose
of the affected product, the awarded bidder shall be responsible for removal and/or replacement of the
affected product within a reasonable time, as determined by the COBB, without causing significant
inconvenience to the COBB.
At the option of the COBB, the awarded vendor may be required to reimburse storage and/or handling
fees to be calculated from time of delivery and acceptance to actual removal or disposal. The awarded
vendor will bear all costs associated with the removal and proper disposal of the affected product. The
failure to reimburse the purchase price and storage and/or handling fees or to remove and/or replace
the affected product with an equivalent replacement within a reasonable time without significant
inconvenience to the COBB will be considered a default.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
Page 932 of 1203
33
INVITATION TO BID (ITB)
No. 032-2730-20/RW
FOR
“LANDSCAPE MAINTENANCE SERVICES – FACILITY SITES”
SECTION 5 – SPECIAL CONDITIONS
1. It will be the responsibility of the successful Bidder to supply necessary labor for completion of
services if requested by the City of Boynton Beach.
2. The City by written notice may terminate in whole or in part any Contract resulting from this ITB
when such action is in the best interest of the City. If the Contract(s) are so terminated the City
shall be liable for only payment for services rendered prior to the effective date of termination.
Services rendered will be interpreted to include costs of items already delivered plus reasonable
costs of supply actions short of delivery.
3. It shall be the responsibility of the successful Bidder to maintain workers’ compensation
insurance, professional liability, property damage liability insurance and vehicular liability
insurance; during the time any of his personnel are working on City of Boynton Beach property.
Loss by fire or any other cause shall be the responsibility of the vendor until such time as the
items and/or work has been accepted by the City. The successful Bidder shall furnish the City
with a certificate of insurance after award has been made prior to the start of any work on City
property. Said insured companies must be authorized to do business in the State of Florida and
the City will not accept any company that has a rating less than B+ in accordance to A.M. Best’s
Key Rating Guide, latest edition.
4. The City of Boynton Beach reserves the right, before awarding a Contract to require a Bidder to
submit such evidence of qualifications as it may deem necessary, and may consider any evidence
available to it of the financial, technical and other qualifications and abilities of a Proposer,
including past performance (experience) with the City in making the award in the best interest of
the City.
5. The successful Bidder shall at all times guard from damage or loss of property of the City or of
other vendors and shall replace and/or repair any loss or damage unless such has been proven
to have been caused by the City, or other vendors. The City may withhold payment or make such
deductions as it may deem necessary to insure reimbursement for loss or damage to property
through negligence of the successful Bidder or his agent.
6. PAYMENT AND PERFORMANCE BONDS:
ANNUAL CONTRACT OF $100,000 AND LESS
No payment and performance bonds will be required for annual contracts valued at $100,000 and
less per year.
Page 933 of 1203
34
ANNUAL CONTRACT OF $100,001 - $300,000
For each annual contract in an amount from $101,000 to $300,000, furnish to the City and
maintain in effect throughout the duration of the contract, Payment and Performance Bonds in
the amount of $25,000, as security for faithful performance of work and for the payment of all
persons performing labor and furnishing materials in connection therewith. In the event that the
annual contract amount exceeds $300,000, the Contractor shall furnish additional Payment and
Performance Bonds in the amount of $25,000.
ANNUAL CONTRACT OF $300,001 AND ABOVE
For each annual contract in an amount of $301,000 and above, furnish to the City and maintain
in effect throughout the duration of the contract, Payment and Performance Bonds in the amount
of $50,000, as security for faithful performance of work and for the payment of all persons
performing labor and furnishing materials in connection therewith.
7. RECORDING OF CONTRACT BOND: Before commencing the work, Contractor(s) shall provide
to City a certified copy of the recorded bond(s). City may not make any payment to Contractor
until Contractor has complied with this requirement.
8. POWER OF ATTORNEY: Attorneys-in-fact who sign Bid Bonds or Contract Bonds shall
file with each bond an original, certified and dated copy of their power of attorney.
9. QUALIFICATION OF SURETY: The Payment and Performance Bonds shall be executed by a
surety company of recognized standing authorized to do business in the State of Florida and
having a resident agent in the State of Florida for purposes of service of process. The surety
company shall hold a current certificate of authority as acceptable surety on Federal Bonds, in
accordance with U.S. Department of Treasury Circular 570, current revision, or meet the criteria
established as to acceptable surety companies by the Board of Commissioners of State
Institutions, March 18, 1958, or the equivalent thereof. A surety shall be deemed not qualified if
the surety shall have a receiver appointed for it, or if it shall declare or file or has filed for
bankruptcy.
10. PERFORMANCE: The Contractor may be required to furnish evidence in writing that he or she
maintains a permanent place of business and has adequate equipment, finances, personnel, and
inventory to furnish the items offered satisfactorily and expeditiously, and can provide necessary
services.
11. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises
that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of
Boynton Beach shall be given "first priority" for all goods and services under this contract (if
applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout
the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and
with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-
hour phone number and address to the City in the event of such an emergency. Failure to provide
the stated priority/preference during an emergency/disaster shall constitute breach of contract
and make the bidder subject to sanctions from further business with the City.
12. CONTRACTOR RESPONSIVENESS: The Contractor representative will be available to meet
the Director of Public Works or Designee upon request to discuss schedules, performance issues,
problems, needs, and mutual areas of concern. The use of the Landscape Maintenance Report
will establish a system whereby notice is given by the City to the Contractor indicating any
performance issues.
Page 934 of 1203
35
Contractor will be required to maintain a local office during the duration of the contract term to
provide support, oversite, and/or respond to requests by the City. Local office means an office
within Palm Beach County, Broward County, or Martin/St. Lucie County. An office within Palm
Beach County is preferred.
At all times while the contractor’s crews are working, if requested by the City, the contractor’s
representative is required to respond to a request for a meeting within forty- five (45) minutes.
Any other time during the City’s business hours, the contractor’s representative is required
respond to the City’s request for a meeting within 2 hours upon being notified.
WORK INSPECTIONS: The Contractor shall, at all times, allow the Director of Public Works or
Designee the opportunity to inspect the work done, or being done, under this Award.
All maintenance work shall be monitored by the representative(s) of the City of Boynton Beach
Parks and Grounds Maintenance Department. Work performed by the Contractor on Saturdays
and Sundays must be requested in writing (via email) 24 hours in advance and approved by
the Director of Public Works or Designee prior to execution. Work not approved will be require d
to be re-done, and must be re-done and completed within 24 hours after notice that the work
was rejected. Notice will be returned to the Contractor within 24 hours of inspection of any work
rejected. Re-done work cannot be combined with next cycle and must be completed an d
approved before next cycle can commence.
13. AUTHORITY OF THE CITY REPRESENTATIVES: The authority of the Director of Public Works
or Designee shall not be limited to the fo llowing enumeration, for it is the intent of this award that
all of the work shall be subject to the Director of Public Works or Designee determinations and
approval, except where the determination or approval of someone other than the Director of
Public Works or Designee is expressly called for herein.
1. To monitor the performance of the work. To determine the amount, kind, quality,
sequence, frequency, and location of the work to be paid for in this award and, when
completed, to measure such work for payment.
2. To answer all maintenance questions and to interpret the Maintenance Work Method
and schedules.
3. To determine how the work of this Award shall be coordinated with the work of others
engaged simultaneously on or adjacent to the area(s) identified by these specifications.
4. To make minor changes in the work, as he/she deems necessary, provided such
changes do not result in a net increase in the cost to the City or to the Contractor of the work
to be done under the award.
5. To amplify the Maintenance Work Method, add explanatory information, and furnish
additional specifications and drawings consistent with the intent of the bid documents.
6. The Director of Public Works or Designee may be present at the initial start of the
award work and inspect all work until the award is complete. If at any time it is determined by
the Director of Public Works or Designee that the terms of the award are not being followed,
said representative can stop the work until the corrections are initiated. Failure to correct
violations (within 24 hours after notif ication) may result in penalty or termination of the Award.
Page 935 of 1203
36
7. To review any and all questions in relation to the Award and its performance, except
as herein otherwise specifically provided, and the Director of Public Works or Designee
determination upon such review shall be final and conclusive upon the Award.
8. To suspend the whole or any part of the work whenever Director of Public Works
or Designee deems such suspension is required: (1) in the interest of the City generally, (2)
to coordinate the work of others engaged in work on or around the area(s) described in this
specification, or (3) to expedite the completion of the work described in this specification.
9. If deemed necessary to take over, use, occupy, or operate any part of the completed
or partially completed work, the Director of Public Works or Designee shall have the right to
do so and the Contractor shall not, in any way, interfere with or object to the use, occupation,
or operation of such work by the City after receipt of notice in writing from the Director of Public
Works or Designee that such work or part thereof will be used by the City on and after the
date specified in such notice. Such taking over, use occupancy or operation of any such part
of the comple ted or partially completed work shall not constitute final acceptance or approval
of any such part of the work.
10. Maintenance conditions may require that minor changes be made in the
Maintenance Work Method, location of the work, equipment and material to be furnished
and other work to be performed hereunder. The Contractor, when ordered by the Director of
Public Works or Designee, shall make such adjustments and changes in said locations, work
method, equipment and materials without additional cost to the Parks and Grounds Maintenance
Department, provided such adjustments and changes do not alter the charac ter, quantity, or
cost of the work as a whole, and provided further that at such adjustments a nd changes are
furnished to the Contractor by the Parks and Grounds Maintenance Department within a
reasonable time before any work involving such adjustment and changes is begun. The Director
of Public Works or Designee shall be the sole judge of what constitutes a minor change for which
no additional compensation shall be allowed.
14. CONTRACTORS’S RESPONSIBILITY: The Contractor shall do all the work and furnish, at
his or her own cost and expense, all labor, materials, equipment, except as herein otherwise
provided, as may be necessary and proper to perform and complete the work under his
specification. The Contractor shall be responsible for the entire work until completed including
final acceptance by the Director of Public Works or Designee.
The apparent silence of the Specifications as to any detail, or the apparent omission from the
Specifications of a detailed description concerning any point, shall be regarded as meaning that
only the best commercial practice to prevail and that only material and workmanship of the finest
quality are to be used.
The work shall be performed in accordance with the true intent and meaning of the Bid
Documents. Unless otherwise expressly provided, the work shall be performed in accordance
with the scope of work, technical specifications, and best commercial practices. Unless
otherwise expressly provided in the Bid Documents, the means and methods of maintenance
shall be such as the Contractor may choose, however, it will be subject to the approval of the
Director of Public Works or Designee. Only adequate and safe procedures, methods, structures,
and equipment shall be used. The Director of Public Works or Designee’s approval or
failure to exercise the methods of maintenance shall not relieve the Contractor of obligations
to accomplish the result intended by the Contractor in a saf e and efficient manner, nor shall such
create a cause action for damages.
Page 936 of 1203
37
15. CONTRACTOR’S LICENSING: Contractor(s) is responsible to educate and provide all safety
training and personal protection equipment for all of their personnel including following O.S.H.A
Regulations and the Manual of Uniform Traffic Control Devices (M.U.T.C.D.).
Contractor(s) will be responsible for obtaining all necessary permits, licenses, and/or registration
cards, I-9 Forms (Department of Homeland Security’s Employment Eligibility Verification) in
compliance with all applicable federal, state, and local statues pertaining to services as specified.
This includes a current copy of the Contractor’s City of Boynton Beach Business Tax Receipt
which must be submitted as part of the Bid Proposal and must be updated accordingly.
Contractor(s) must provide a list of contacts with phone numbers who can be reached for
emergencies and/or resolving problems.
Prior to the commencement of services, the awarded Contractor(s) will be required to submit for
the City’s review and approval Safety Data Sheets (MSDS) for all herbicides, pesticides, and
fertilizers to be used in the performance of the services detailed herein. In the event that either
the City requires a change in any of the products used, or if a product is discontinued, replaced,
changed, or otherwise unavailable, the Contractor(s) will be required to submit a new MSDS
sheet for review and approval of that new product prior to use.
16. PROPERTY DAMAGE: If property (public or private) is damaged while Contractor is performing
work specified or is removed for the convenience of the work, it shall be repaired or replaced at
the expense of the Contractor in a manner acceptable to the City prior to the final acceptance of
the Work. Such property shall include but not be limited to: structures, parkways, sidewalks, curbs
and gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs,
and trees. The damaged work shall be repaired or replaced within 48 hours.
The Contractor shall preserve from damage, all property (public and/or private) along the line
of the work, or which is in the vicinity of or is in anywise affected by the work, the removal or
destruction of which is not called for by the specifications. This applies, but is not limited to
vehicles parked in such parking lots, parking garages, vehicles traversing public or private
rights-of-way, parks or otherwise, public utilities, trees, lawn areas, landscape plantings,
irrigation systems, building monuments, fences, all pipe and underg round structures, the public
streets (except natural wear and tear of streets resulting from legitimate use thereof by the
Contractor), and wherever such property is damaged due to the activities of the Contractor. The
city must be notified immediately and the Contractor will be responsible for the expense of the
damages.
In case of failure on the part of the Contractor to restore such property or make good
such damage or injury, the Director of Public Works or Designee may, upon 24 hours written
notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed
necessary, and t he cost thereof shall be deducted from any monies due or which may become
due to the Contractor under this award. Nothing in this clause shall prevent the Contractor
from receiving proper compensation for the removal, damage, or replacement of any public or
private property not shown by the bid documents and/or Specifications, when this is made
necessary by alteration of grade or alignment authorized by the Director of Public Works or
Designee, provided that such property has not been damaged through fault of the Contractor,
its employees or agents.
17. WORK SITE TRAFFIC REGULATIONS: During the execution of the work, the Contractor shall
put up and maintain at all times such barriers, signs, and/or lights as shall effectively prevent
accidents. The Contractor, at their expense, shall provide suitable barricades, cones, red lights,
“danger” or “caution” or “street closed” signs and watchmen at all places where the work is taking
place next to the edge of pavement. Such barriers and signs shall comply with the State of Florida
Page 937 of 1203
38
Department of Transportation’s guidelines for “Traffic Controls for Construction and Maintenance
Operations”. All lane closures shall be approved and permitted by the Florida Department of
Transportation, or the City of Boynton Beach Engineering Division, whichever is applicable.
Work shall be halted immediately if work operations are deemed unsafe per any city
representative. State certification for Maintenance of Traffic (MOT) is required for work on all
City, County and State road within the City limits of Boynton Beach. At least one crew member
shall be “Intermediate Maintenance of Traffic Certified”.
18. HAZARDOUS MATERIALS: The Contractor must follow OSHA, Regulation 29 Code of Federal
Regulation (C.F.R.) Part 1926.59, Rule 17 Florida Administrative Code, the product MSDS, plus
any and all other applicable Regulations when using substances containing hazardous
materials. These regulations apply to transporting, storing, mixing, application, clean-up and
disposal of excess materials and their containers. Any illegal disposal of hazardous materials
and/or containers shall place the Contractor in default.
The Contractor shall assume all cost arising from citations, clean up spills and/or overspray (if
applicable) and subsequent inspections due to non-compliance of the above-mentioned
regulation(s), or misuse of the product as specified by the manufacturer. The Contractor further
agrees to indemnify and hold harmless the City of Boynton Beach and its duly authorized
agents from any and all suits of law or actions of a ny nature for, or on account of, non-
compliance of the above stated regulations and/or product use guidelines as specified by
manuf acturer.
19. USE OF CHEMICALS: All chemicals used during maintenance must show approval of either
the EPA or USDA. Use of all chemicals and disposal of residues shall be in strict conforman ce
with EPA, USDA, and manufacturer instructions. Final approval for use of any and all chemicals
on the work site(s) shall rest solely with the Director of Public Works or Designee. Contractor's
employees shall be fully licensed by the State of Florida to apply pesticides. All chemicals
shall be handled in strict accordance with the Federal, State and County regulations. Contractor
shall use sound cultural practices that aid in minimizing the pre sence or proliferation of insect
and disease.
All chemicals must be approved by the Parks and Recreation representative prior to use. No
application shall take place under windy conditions. Any and all applications of Herbicides
abutting or adjacent to waterways shall require prior written approval from Parks and Grounds
Maintenance Department designee. Any area of turf, plant(s) or tree(s) that is damaged or
destroyed through improper or incorrect herbicide application shall be immediately replaced
at the Contractor's expense. If glyphosate, or other weed hindering chemicals are used, a
tracer is required for ease of inspection. Spray six -inch wide strip when applying glyphosate
a round bollards, poles, guy wires, fences, fire hydrants, signs, benches, trash receptacles,
picnic tables, curbs, gutters, decorative landscape ornaments, benches, etc. Use care when
spraying tracer, dye, markers, etc. Manufacturer’s safety guidelines and practical safety
precautions must be adhered to at all times.
20. ASSOCIATED COSTS: The Contractor shall be responsible for all costs associated with
replacing all dead, dying and/or damaged plants, shrubs and/or trees that have become deficient
due to lack of proper care and treatment and/or vehicle/equipment accidents and/or an y other
damage caused by the Contractor through routine maintenance. The Contractor shall notify the
Director of Public Works or Designee of said plants and must receive permission prior to
purchasing and/or installation. Substitute material shall be p ermitted only with prior written
approval from the Director of Public Works or Designee. The Director of Public Works or
Page 938 of 1203
39
Designee shall be the sole judge as to the status or state of the plants, shrubs, or trees to be
replaced. Acts of God, traffic accidents and vandalism will not be the responsibility of the
Contractor.
21. WORK DAYS: All maintenance work shall be performed Monday through Friday. Contractor’s
workdays shall start at 7:00 a.m. Permission for times and workdays other than those approved
must be submitted via email to the Director of Public Works or Designee. All workdays must end
one hour prior to sunset and any deviation from these hours must be pre-approved by the Parks
and Grounds Maintenance Department.
22. ACTS OF GOD: In the event of inclement weather including: a tornado, wind storm,
hurricane, hail, lightning, flooding, vehicular accident, etc., all fallen or damaged material of eight
inches or less in diameter shall be piled near the roadside the at the Contractor’s expense. All
other storm damage including the removal of said piles shall be corrected/removed at the expense
of the City of Boynton Beach Parks and Grounds Maintenance Department. The Contractor shall
be notified of those sites picked up prior to their scheduled ser vice and any accumulated debris
thereafter shall be considered normal and the responsibility of the Contractor.
23. GRAFFITI: All graffiti shall be reported immediately to the Director of Public Works or Designee.
24. EMPLOYEE AND VEHICLE IDENTIFICATION: All Transport vehicles must be easily
identified by displaying the company name. Contractor employees must also be easily
identified by uniforms, safety vest or other apparel that displays the company name. If workers
are not prepared to work on high traffic areas without correct safety gear, you will be required to
leave and return when prepared.
25. DESIGNATED WORK AREAS: All designated work areas, listed on the
Contractor’s worksheets, shall be done in accordance with this specification unless otherwise
described herein.
26. UNAUTHORIZED WORK: Any deviations from this scope of the agreement may be subject to
termination of the agreement and will not be compensated. If you have questions as to what is
designated as Parks and/or Playgrounds Maintenance, contact the Director of Public Works or
Designee. If you perform work without proper authorization, the City will not pay for those
services.
27. UNSCHEDULED MAINT ENANCE: Any additional work not in keeping with these specifications,
such as those of vandalism and/or mischief shall involve additional cost. The Contractor shall
notif y the Director of Public Works or Designee of any damage, so its designee can inspect the
damage prior to authorizing repair. If Designated by the Director of Public Works to perform
additional work, the Contractor shall notify the Director of Public Works or Designee after repairs
have been completed so final inspection can be made for compliance prior to authorizing
payment.
28. REPORTS, RECORDS, DATA AND COMMUNICATIONS: The Contractor shall furnish to the
Director of Public Works or Designee, such schedules of quantities and costs, progress
schedules, reports, invoices, delivery tickets, estimates, records, and other data when they may
request concerning work performed or to be performed, and the materials furnished or to be
furnished under the award. Monthly reports are to be produced, including wet check of irrigation
systems, detailing the work performed, listing any areas of concern including dead materials,
leaning or fallen trees or palms, broken equipment, safety hazards encountered, and any item
that may put the general public at risk.
Page 939 of 1203
40
Page 940 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BIDDER’S QUALIFICATION STATEMENT
TO BE COMPLETED AND UPLOADED ONLINE
The undersigned certifies under oath the truth and correctness of all statements and of all answers
to questions made hereinafter:
Check One
Submitted By: Corporation
Name: ______________________________________________ Partnership
Address: ____________________________________________ Individual
CITY, State, Zip: _______________________________________ Other
Telephone No.: _______________________________________
Fax No.: ________________________
Email Address.: ______________________
1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious
name under which you do business and the address of the place of business.
The correct name of the Bidder is:
_____________________________________________________________
The address of the principal place of business is:
_____________________________________________________________
_____________________________________________________________
2. If Bidder is a corporation, answer the following:
a. Date of Incorporation: _________________________________________
b. State of Incorporation: _________________________________________
c. President's name: ____________________________________________
d. Vice President's name: ________________________________________
e. Secretary's name: ____________________________________________
f. Treasurer's name: ____________________________________________
g. Name and address of Resident Agent: ____________________________
3. If Bidder is an individual or a partnership, answer the following:
Page 941 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
a. Date of organization: ________________
b. Name, address and ownership units of all partners:
__________________________________________________________
__________________________________________________________
__________________________________________________________
c. State whether general or limited partnership: ________________________
4. If Bidder is other than an individual, corporation or partnership, describe the organization and give
the name and address of principals:
________________________________________________________________
________________________________________________________________
________________________________________________________________
5. If Bidder is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute.
________________________________________________________________
6. How many years has your organization been in business under its present business name?
_____________
Under what other former names has your organization operated?
________________________________________________________________
________________________________________________________________
________________________________________________________________
7. Indicate registration, license numbers or certificate numbers for the businesses or professions,
which are the subject of this Bid. Please attach certificate of competency and/or state registration.
________________________________________________________________
________________________________________________________________
________________________________________________________________
8. Did you attend the Pre-Bid Conference if any such conference was held?
YES NO
9. Have you ever failed to complete any work awarded to you? If so, state when, where and why:
________________________________________________________________
________________________________________________________________
________________________________________________________________
10. List the pertinent experience of the key individuals of your organization (continue on insert
sheet, if necessary)
________________________________________________________________
Page 942 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
________________________________________________________________
________________________________________________________________
11. State the name of the individual who will have personal supervision of the work:
________________________________________________________________
12. State the name and address of attorney, if any, for the business of the Bidder:
________________________________________________________________
________________________________________________________________
________________________________________________________________
13. State the names and addresses of all businesses and/or individuals who own an interest of more
than five percent (5%) of the Bidder’s business and indicate the percentage owned of each such
business and/or individual:
________________________________________________________________
________________________________________________________________
________________________________________________________________
14. State the names, addresses, and the type of business of all firms that are partially or wholly owned
by Bidder:
________________________________________________________________
________________________________________________________________
________________________________________________________________
15. State the name of Surety Company which will be providing the bond (if applicable), and name and
address of agent:
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 943 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
16. Annual Average Revenue of the Bidder for the last three years as follows:
Revenue Index Number
a. Government Related Work
b. Non-Governmental Related Work
Total Work (a +b):
Revenue Index Number
1. Less than $100,000
2. $100,000 to less than $250,000
3. $250,000 to less than $500,000
4. $500,000 to less than $1 million
5. $1 million to less than $2 million
6. $2 million to less than $5 million
7. $5 million to less than $10 million
8. $10 million to less than $25 million
9. $25 million to less than $50 million
10. $50 million or greater
17. Bank References:
Bank Address Telephone
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
18. Provide description of policies and methods for project monitoring and budgeting control as well
as adherence to project schedule (continue on insert sheet, if necessary).
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
19. Provide descriptions of quality assurance/quality control management methods (continue on
insert sheet, if necessary):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 944 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
20. Is the financial statement submitted with your bid (if applicable) for the identical organization
named on page one?
YES NO
21. If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
________________________________________________________________
________________________________________________________________
________________________________________________________________
22. What will be your turnaround time for written responses to City inquires?
________________________________________________________________
23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5)
years. Include in the description, the disposition of each such petition.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder
or its predecessor organization(s) during the last five (5) years. The list shall include all case
names, case arbitration or hearing identification numbers, the name of the project which the
dispute arose, and a description of the subject matter of the dispute.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
25. List and describe all criminal proceedings or hearings concerning business related offenses to
which the Bidder, its principals or officers or predecessors’ organization(s) were defendants.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Page 945 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
26. Has the Bidder, its principals, officers or predecessors’ organization(s) been Convicted of a Public
Entity Crime, debarred or suspended from bidding by any government during the last five (5)
years? If so, provide details.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
The Bidder acknowledges and understands that the information contained in response to this
Qualification Statement shall be relied upon by owner in awarding the contract and such
information is warranted by Bidder to be true. The discovery of any omission or misstatement that
materially affects the Bidder’s qualifications to perform under the contract shall cause the owner
to reject the bid, and if after the award, to cancel and terminate the award and/or contract.
(Signed)________________________________
(Title)__________________________________
Subscribed and sworn to before me
This ______ day of _____________________, 2020
________________________________
Notary Public (Signature)
My Commission Expires: ______________
Page 946 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI -KICKBACK AFFIDAVIT
TO BE COMPLETED AND UPLOADED ONLINE
STATE OF FLORIDA )
: SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift,
directly or indirectly by me or any member of my integrator or by an officer of the corporation.
By:
NAME - SIGNATURE
Sworn and subscribed before me
this day of , 2020
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large
COMPANY
“OFFICIAL NOTARY SEAL” STAMP
Page 947 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NON COLLUSION AFFIDAVIT OF BIDDER
TO BE COMPLETED AND UPLOADED ONLINE
State of _____________________________)
:
County of____________________________)
________________________________________, being first duly sworn, deposes and says that:
1) He is ______________________ of _____________________________, the proposer that
(Title) (Name of Corporation or Integrator)
has submitted the attached ITB:
2) He is fully informed respecting the preparation and contents of the attached submittal and of all
pertinent circumstances respecting such submittal;
3) Said ITB is genuine and is not a collusive or sham ITB;
4) Further, the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired, connived
or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or
sham ITB in connection with the Contract for which the attached ITB has been submitted or to
refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communications or conference with any other Bidder, integrator
or person to fix the price or prices in the attached ITB or of any other Bidder, or to fix any overhead,
profit or cost element of the ITB price or the ITB price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City of
Boynton Beach or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)________________________________
(Title)__________________________________
Subscribed and sworn to before me
This ______ day of _____________________, 20 _____
__________________________________________
Notary Public (Signature)
My Commission Expires: ______________
Page 948 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CERTIFICATION PURSUANT TO FLORIDA
STATUTE § 287.135
TO BE COMPLETED AND UPLOADED ONLINE
I, _______________________, on behalf of ________________________ certify
Print Name and Title Company Name
that ______________________________does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall
provide notice, in writing, to the Consultant of the City's determination concerning the false
certification. The Consultant 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
Consultant 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 Florida Statute § 287.135.
Section 287.135, Florida Statutes, prohibits the City from:
1) Contracting with companies for goods or services if at the time of bidding on, submitting a bid
for, or entering into or renewing a contract if the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel;
and
2) Contracting with companies, for goods or services that are on either the Scrutinized Companies
with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are
engaged in business operations in Syria.
Page 949 of 1203
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
As the person authorized to sign on behalf of the Consultant, I hereby certify that the company
identified above in the section entitled "Consultant Name" does not participate in any boycott of
Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either
the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not
engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida
Statutes, the submission of a false certification may subject the company to civil penalties,
attorney's fees, and/or costs. I further understand that any contract with the City for goods or
services may be terminated at the option of the City if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies with Activities in Sudan list
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
_____________________________ _________________________
COMPANY NAME SIGNATURE
__________________________ _________________________
PRINT NAME TITLE
Page 950 of 1203
C-51
“DRAFT CONTRACT”
SUBJECT TO REVISIONS PRIOR TO SIGNING.
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the
City”, and TBD, hereinafter referred to as “Vendor”, in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide LANDSCAPE
MAINTENANCE SERVICES FOR FACILITY SITES.
2. SCOPE OF SERVICES. Vendor agrees to perform the services during the term of this Agreement
as more specifically set forth in Exhibit “A” Scope of Services and Exhibit “C” Invitation to Bid (ITB)
No.032-2730-20/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.
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 effective TBD.
4. 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.032-2730-20/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” Schedule of Prices attached hereto
and incorporated herein by reference, as follows:
a. The total contract price in the amount of _____PRICE/UNIT__________ for an annual estimated
amount of _____________ for a period of ______ years (#), with an option to renew for _____ (#)
one-year terms for a total _______________ 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.
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.
Page 951 of 1203
C-52
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.
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.
Page 952 of 1203
C-53
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:
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
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.
Page 953 of 1203
C-54
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
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
Page 954 of 1203
C-55
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 ________________________________________, 20____.
CITY OF BOYNTON BEACH
_________________________________ __________________________________
Lori LaVerriere, City Manager Signature of Authorized Official
__________________________________
Printed Name of Authorized Official
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
Crystal Gibson, City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
James A. Cherof, City Attorney Witness
Page 955 of 1203
C-56
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 of
insurance required of consultants, 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 & Consultant's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,000.00
Professional Liability Fire Damage (any one fire) $ 50,000.00
Employees & Officers Med. Expense (any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Consultants
Broad Form Property Damage
Fire Legal Liability
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Automobile Liability Combined Single Limit $ 300,000.00
Any Auto Bodily Injury (per person) to be determined
All Owned Autos Bodily Injury (per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Garage Liability Auto Only, Each Accident $ 1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $ 1,000,000.00
Aggregate $ 1,000,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease, Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Other - As Risk Identified to be determined
Page 956 of 1203
C-57
Exhibit “A”
Scope of Services
TO BE INSERTED
Page 957 of 1203
C-58
Exhibit “B”
Schedule of Prices
TO BE INSERTED
Page 958 of 1203
C-59
Exhibit “C”
Invitation to Bid
(ITB) No.032-2730-20/RW
Page 959 of 1203
1
The City of
Boynton Beach
ADDENDUM No. 1
DATE: October 13, 2020
INVITATION TO BID NO. 032-2730-20/RW
FOR
LANDSCAPE MAINTENANCE SERVICES – FACILITY SITES
This addendum to the specification s and/or contract documents is issued to provide additional
information and clarification to the original ITB specifications and bid form, and is hereby declared
a part of the original specifications and/or contract documents. In case of a conflict, this
Addendum No. 1 shall govern.
DOES READ:
1.3.2.5 MAINTENANCE REQUIREMENTS SUMMARY:
f. The Contractor shall prune trees up to 14 foot as needed upon discretion of The Director of
Public Works or Designee.
SHOULD READ:
f. The Contractor shall prune trees up to 10 foot as needed upon discretion of The Director of
Public Works or Designee.
Question: Can boundary maps be provided
Answer: The correct link to map is as follows:
http://boynton-beach.maps.arcgis.com/apps/View/index.html?appid=1e77f17f931d40f7b64274d37a0739bd
Question: Link to maps does not open. Unable to create map: Item does not exist or is inaccessible.
Answer: The correct links is as follows:
http://boynton-beach.maps.arcgis.com/apps/View/index.html?appid=1e77f17f931d40f7b64274d37a0739bd
Question: During the mandatory meeting we spoke about the interactive maps, it was commented that the size
Finance/Procurement Services
3301 Quantum Blvd., Suite 101
Boynton Beach, Florida 33426
Telephone: (561) 742-6310
FAX: (561) 742-6316
Page 960 of 1203
2
(area, perimeter and length) were on the maps. I see that information in the medians and ROWs but I don’t see it on the map for Parks,
Future Parks, Scrub; nor Facilities and Litter Control. Do you have a document, or map where we can obtain the
measurements for each location? Thank you
Answer: If you click on the map scroll down in the pop-up information box, additional information is available.
Question: Could you please provide the bid tabulation for the previous bid that was awarded? Thank
you! Alex Rotundo
Answer: Questions should pertain to this specific solicitation. Request for information pertaining to
other contracts or solicitations should be made as a Public Records Request through the City Clerk's
Office.
Question: Please post the Schedule of Prices in excel form
Answer: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are
not provided in any other manner.
Question: Please post the last tabulation sheets received from all vendors for this project last time it
was advertised and copy of the current contract.
Answer: Questions should pertain to this specific solicitation. Request for information pertaining to
other contracts or solicitations should be made as a Public Records Request through the City Clerk's
Office.
If you should require additional clarification, please submit your question to the Purchasing representative
through the Bidding System by clicking on the “Submit a Question” button for this specific Solicitation.
Page 961 of 1203
ITB 032-2730-20-RW - LANDSCAPE MAINTENANCE SERVICES -
FACILITY SITES
Opening Date: September 23, 2020 12:00 PM
Closing Date: October 23, 2020 2:30 PM
Vendor Details
Company Name:Blue Marlin Investments INC DBA Cayco Landscaping
Address:
PO Box 5652
Fort Lauderdale, Florida 33310
Contact:Alejandro Rotundo
Email:arotundo@caycolandscaping.com
Phone:305-606-1603
HST#:30-0962212
Submission Details
Created On:Tuesday September 29, 2020 17:56:06
Submitted On:Friday October 23, 2020 09:25:00
Submitted By:Alejandro Rotundo
Email:arotundo@caycolandscaping.com
Transaction #:a3894ebf-e1f5-4841-828e-312a422c2ef0
Submitter's IP Address:71.147.49.116
Bid Number: ITB 032-2730-20-RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 962 of 1203
Schedule of Prices
The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for
in this Bid, at the unit prices, and/or lump sums, hereinafter stated.
*Denotes a "MANDATORY" field
Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified).
If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar
value.
Facilities and Litter Control
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE
PER SERVICE *
TOTAL ANNUAL
COST
Misc/001 Clinic
@ 1620 S. Seacrest Blvd.
(Maintenance Every other Week)
26 $297.0000 $ 7,722.00
*
Misc/002 Police Sub-Station (Old Fire Station #2) @ 2210 South
Congress Avenue
26 $49.5000 $ 1,287.00 *
Misc/003 Fire Station1# @ 100 NE 1st Street
and DES @ 211 NE 1st aAvenue
26 $99.0000 $ 2,574.00 *
Misc/004 Fire Station #2 @ 2615 West Woolbright Road
(includes west lot)
26 $148.5000 $ 3,861.00 *
Misc/005 Fire Station #3 and Pistol Range
@ 3501 North Congress Avenue
26 $148.5000 $ 3,861.00 *
Misc/006 Fire Station #4
@ 1919 South Federal Highway
12 $148.5000 $ 1,782.00 *
Misc/007 Fire Station #5
@ 2080 High Ridge Road (Includes Police Station @ 2100
High Ridge Road)
26 $148.5000 $ 3,861.00
*
Misc/008 Boynton Memorial Cemetery & Mausoleum - Entrance Median
(Once a month)
12 $49.5000 $ 594.00 *
Misc/009 Boynton Woman's Club
(Historical Building)
1010 South Federal Highway
12 $49.5000 $ 594.00
*
PW/NE/001 Rolling Green Mun. Complex (RGMC) - 515 NW 14th Court
(Entrance off of NW 4th St)
12 $198.0000 $ 2,376.00 *
PW/NE/002 Public Works Compound (PWC)
222 NE 9th Avenue
Ouside Perimeter Grass and Shrubs
Inside Compound Weed Control
26 $99.0000 $ 2,574.00
*
Subtotal:$ 31,086.00
Bid Number: ITB 032-2730-20-RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 963 of 1203
Trash and Litter Collection (Replace Bags, Pick Up Extra Litter)
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
LIT/001 Trash & Litter Pick-Up Mangrove Park
(Two Times A Week Monday & Thursday or Friday) (Blow
off, Pickup Fronds, Debris, Empty all Trash Cans)
104 $49.5000 $ 5,148.00
*
LIT/002 Model Block & MLK (three times a week) (Federal west to
NW 1st Street)
Monday, Wednesday,
Friday. (Along
Roadway to Right-of-Way Line)
156 $49.5000 $ 7,722.00
*
LIT/003 Bus Stops (34 total) (Two times a week) Monday and Friday
(Pickup trash within 15' of bus stop)
(Empty all Cans). See Map
104 $398.0000 $ 41,392.00
*
LIT/004 I-95 Woolbright, Boynton Beach Blvd, and Gateway) (1st
week of every month)
(Includes back of guardrail plus 2').
12 $398.0000 $ 4,776.00
*
LIT/005 PARKS TRASH RUN
(Three Times a week)
(Knollwood, Intracoastal, Jaycee, Meadows, Barrier Free,
Sara Sims, Oceanfront) empty all cans
156 $345.0000 $ 53,820.00
*
Subtotal:$ 112,858.00
Mulching - Granular Fertilizer - Pesticide Application
SITE
IDENTIFICATI
ON FOR BIDS
LOCATION
NO
OF
APP
LICA
TION
S
MULCHING *
APPLICATION OF
GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
Misc/001 Clinic
@ 1620 S. Seacrest Blvd.
(Maintenance Every other Week)"
1 $7,450.0000 $450.0000 $450.0000 $ 8,350.00
*
Misc/002 Police Sub-Station (Old Fire Station #2) @ 2210 South
Congress Avenue
1 $3,450.0000 $165.0000 $165.0000 $ 3,780.00 *
Misc/003 Fire Station1# @ 100 NE 1st Street
and DES @ 211 NE 1st aAvenue"
1 $3,450.0000 $350.0000 $350.0000 $ 4,150.00 *
Misc/004 Fire Station #2 @ 2615 West Woolbright Road
(includes west lot)"
1 $4,450.0000 $350.0000 $350.0000 $ 5,150.00 *
Misc/005 Fire Station #3 and Pistol Range
@ 3501 North Congress Avenue
"
1 $4,450.0000 $350.0000 $350.0000 $ 5,150.00
*
Misc/006 Fire Station #4
@ 1919 South Federal Highway"
1 $4,450.0000 $290.0000 $290.0000 $ 5,030.00 *
Misc/007 Fire Station #5
@ 2080 High Ridge Road (Includes Police Station @
2100 High Ridge Road)"
1 $4,450.0000 $450.0000 $450.0000 $ 5,350.00
*
Misc/008 Boynton Memorial Cemetery & Mausoleum - Entrance
Median
1 $2,450.0000 $150.0000 $150.0000 $ 2,750.00 *
Misc/009 Boynton Woman's Club
(Historical Building)
1010 South Federal Highway"
1 $2,450.0000 $150.0000 $150.0000 $ 2,750.00
*
PW/NE/002 Public Works Compound (PWC)
222 NE 9th Avenue
Ouside Perimeter Grass and Shrubs
Inside Compound Weed Control"
1 $3,450.0000 $395.0000 $395.0000 $ 4,240.00
*
Additional Service Items
Line Item Additional Service Items Unit Price *
1 BASIC MAINTENANCE FOR ADDITIONAL AREAS - Labor with
all necessary Tools & Equipment (per hour/per crew)
$30.0000 *
2 PRUNING AND PLANT MAINTENANCE for Additional Areas -
Labor with all necessary Tools & Equipment (per hour/per crew)
$30.0000 *
3 MULCHING for Additional Areas - Labor with all necessary Tools
& Equipment (per hour/per crew)
$30.0000 *
4 MULCH - Cost Mark-up (%)$25.0000 *
Bid Number: ITB 032-2730-20-RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 964 of 1203
5 Turf Fertilization (per 1/4 acre)$80.0000 *
6 Tree Fertilization (each)$5.0000 *
7 Palm Fertilization (each)$5.0000 *
8 Shrub Fertilization (per 50 linear feet)$10.0000 *
9 Turf Pesticide (per square foot)$0.0550 *
10 Shrub Pesticide (per 50 linear feet)$10.0000 *
11 Tree Pesticide (each)$5.0000 *
12 Palm Pesticide (each)$5.0000 *
13 Fire Ant Control (AMDRO)$85.0000 *
14 Turf Fertilization - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
15 Tree Fertilization - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
16 Palm Fertilization - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
17 Shrub Fertilization - Per hour per person / Material Cost Mark-
up (%)
$45.0000 *
18 Turf Pesticide - Per hour per person / Material Cost Mark-up (%)$45.0000 *
19 Shrub Pesticide - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
20 Tree Pesticide - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
21 Palm Pesticide - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
22 Fire Ant Control - Per hour per person / Material Cost Mark-up
(%)
$45.0000 *
23 CHEMICAL APPLICATION for Additional Areas (per hour/per
person)
$45.0000 *
24 CHEMICAL - Cost Mark-up (%)$35.0000 *
25 Bee Control or Removal (Specialized Equipment)$75.0000 *
26 Bee Control or Removal (Foreman per hour/per person)$75.0000 *
27 Bee Control or Removal (Technician per hour/per person)$65.0000 *
28 Bee Control or Removal Material Cost Mark-up (%)$35.0000 *
29 IRRIGATION REPAIRS (Foreman per hour/per person)$45.0000 *
30 IRRIGATION REPAIRS (Technician per hour/per person)$40.0000 *
31 IRRIGATION REPAIRS - Material Cost Mark-up (%)$50.0000 *
32 PLANT/TREE/PALM INSTALLATION - Labor (per hour/per
person)
$45.0000 *
33 PLANT/TREE/PALM INSTALLATION - Equipment/Loader (per
hour)
$45.0000 *
34 PLANT/TREE/PALM INSTALLATION - Material Cost Mark-up (%)$100.0000 *
35 LOT MAINTENANCE - Lot under 1/4 acre with a dwelling for
Basic Maintenance (per service)
$75.0000 *
36 LOT MAINTENANCE - Lot under 1/4 acre without a dwelling for
Basic Maintenance (per service)
$50.0000 *
37 LOT MAINTENANCE - Lot from 1/4 to 1/2 acre with a dwelling
for Basic Maintenance (per service)
$100.0000 *
38 LOT MAINTENANCE - Lot from 1/4 to 1/2 acre without a
dwelling for Basic Maintenance (per service)
$75.0000 *
39 LOT MAINTENANCE - Lot from 1/2 to 3/4 acre with a dwelling
for Basic Maintenance (per service)
$125.0000 *
40 LOT MAINTENANCE - Lot from 1/2 to 3/4 acre without a
dwelling for Basic Maintenance (per service)
$100.0000 *
41 LOT MAINTENANCE - Lot from 3/4 to 1 acre with a dwelling
for Basic Maintenance (per service)
$150.0000 *
42 LOT MAINTENANCE - Lot from 3/4 to 1 acre without a dwelling
for Basic Maintenance (per service)
$125.0000 *
Bid Number: ITB 032-2730-20-RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 965 of 1203
Summary Table
Bid Form Amount
Facilities and Litter Control $ 31,086.00
Trash and Litter Collection (Replace Bags, Pick Up Extra Litter)$ 112,858.00
Subtotal Contract Amount:$ 143,944.00
Bid Questions
Number of Days for Delivery FOB Destination:7
Confirmation of Minority Owned Business
A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which
category best describes your company. Return this form to make it an official part of with your RFQ responses
Description Response *Comments
Is your company a Minority Owned business?Yes
Please select the appropriate response Hispanic
Do you possess a certification qualifying your business
as a Minority Owned business?
No
Issuing organization name Input response in comments box to the right Certification has been
applied with the City of
Broward
*
Date of Issuance Input response in comments box to the right Certification has been
applied with the City of
Broward
*
Bid Number: ITB 032-2730-20-RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 966 of 1203
Letter of interest
The Letter of Interest shall summarizes the Proposer’s primary qualifications and a firm commitment to provide the proposed services.
Line
Item Description Response *
1 The Letter of Interest shall summarizes the Proposer’s
primary qualifications and a firm commitment to
provide the proposed services.
October 23, 2020
City of Boynton Beach
Landscape Maintenance Facility Sites
ITB No. 032-2730-20RW
100 East Ocean Ave.
Boynton Beach
Re: Letter of Interest & Qualification Statement
Please take this communication as formal letter of interest and firm commitment and
qualification to provide the services as per the scope of work in ITB No. ITB No. 032-
2730-20RW.
Cayco Landscaping is a full services company providing a wide range of professional
quality services for Grounds Maintenance, Fertilization, Pest Control, Tree Trimming &
Removal, Planting, Landscape Design & Installation, and Irrigation.
Cayco Landscaping is a leading landscape services company providing knowledgeable,
professional and dependable services. We are qualified to provide the services under
ITB No. 032-2730-20RW. Our staff is available to assist you 24 hours a day, seven days
a week. Our management and crews have vast experience on working on governmental
contracts and commercial projects that include medians, swalse, shoulders, parks,
marinas, government facilities, railroad and other. This is what we do all day, every day.
Cayco Lanscaping owner and management have a combined sixty (60) years industry
experience. Cayco Landscaping has experienced staff, the appropriate equipment, and
the proper licenses to handle any phase of work in the industry.
Our company has a diverse workforce and our employees have pride in working for
Cayco Landscaping. We give people opportunities they are not able to receive from
other companies.
Thank you for the opportunity on allowing us to bid to the City of Boynton Beach.
Fore and on behalf of Cayco Landscaping
Alejandro Rotundo
Chief Operating Officer
Blue Marlin Investments INC DBA Cayco Landscaping
Telephone (305) 606-1603.
arotundo@caycolandscaping.com
Local Business Status Certification
I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of
the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2
below will qualify the business as a local business. In support of this request, I certify the following to be true and correct:
I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also
agree that the business is required to notify the City in writing should it cease to qualify as a local business.
By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of
Boynton Beach.
We will not be submitting for Local Business Status Certification
Is the business
located within
the City limits of
Boynton Beach,
Florida? *
Does the business have a
business tax receipt issued
in the current year? *
Is the business registered
with the Florida Division
of Corporations? *
Number of years in business *Business license number *
Yes
No
Yes
No
Yes
No
Bid Number: ITB 032-2730-20-RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 967 of 1203
References - Past Performance
Bidders shall complete reference document submitted with their bid of at least three (3) letters of reference from customers attesting to satisfactory performance of awards
performed within the past two years, each reference must have been for contracted landscaping maintenance services on properties consisting of at least 1 acre, and includes
all of maintenance request items listed herein. This reference list shall be complete with contact person(s), telephone numbers, and email addresses. Please do not list the City
of Boynton as a reference.please do not list the City of Boynton as a reference.
NOTE: The information requested must include a current contact name, phone number and email address for each reference.
The City is interested in learning of other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as
a reference.
Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information.
Selection Committee Members or designee will email or call each reference up to three (3) times.
Name of Agency *Name of Project *Contact Name *Email Address *Telephone Number *
The Scully Company Jacaranda Village Jill Greco
Title: Regional Manager
jgreco@scullycompany.com 844-902-0317
Harbor Management Group City Center on 7th Name: Alina Trull
Title: Property Manager
atrull@harborgroupmanagement.com 954-447-1400
Greystar Solle Luxury Apartments Name: Marilou Romero
Title: Property Manager
marilou.romero@greystar.com 954-994-2955
The Scully Company St. Andrews at Palmaire Name: Venessa Chin
Title: Property Manager
vchin@scullycompany.com 844-825-6434
ZRS Company The Laurels at Jacaranda Name: Shirley Alvarez
Title: Property Manager
salvarez@zrsmanagement.com 954-476-2046
Subcontractors
The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be
Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor
category in their list of Subcontractors.
Sub-Consultant(s)
If a vendor intends to sub-contract any portion of this bid for any reason, the name and address of the subcontracting firm must be submitted with the bid or prior to use for
approval. No sub-contracting will take place prior to bid-awarded vendor furnishing this information and receiving written approval from the COBB. Subcontractors will be
required to conform to the Jessica Lunsford Act as noted in the Instructions to Bidders document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed in the proper performance of an award or failed to deliver on-time contracts of a
similar nature, or who is not in the position to perform this award. The Contract Administrator reserves the right to inspect all facilities of any subcontractor in order to make
determination as to the foregoing. The subcontractor will be equally responsible for meeting all requirements specified in this Invitation to Bid. Vendors are encouraged to seek
minority and women business enterprises for participation in sub-contracting opportunities. The sub-contractor shall be equally responsible for meeting all requirements
specified in this Invitation to Bid.
By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their “OWN FORCES”.
Name *Address Scope of work license No Contract Amount Percentage (%) of Contract
*
Documents
Ensure your submission document(s) conforms to the following:
Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure
that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton
Beach.
If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains
more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to
the Marketing Plan category save the document as “Marketing Plan.”
Bid Number: ITB 032-2730-20-RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 968 of 1203
If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected.
THESE DOCUMENTS MUST BE UPLOADED ONLINE WITH THE PROPOSAL IN ORDER FOR THE PROPOSAL TO BE CONSIDERED
COMPLETE AND ACCEPTABLE.
PROPOSER'S QUALIFICATION STATEMENT - 1. Qualification Statement Cayco Landscaping.pdf - Friday October 23, 2020 09:16:51
ANTI-KICKBACK AFFIDAVIT - 2. Anti-Kickback Affidavit Cayco Landscaping.pdf - Friday October 23, 2020 09:17:02
NON COLLUSION AFFIDAVIT OF PROPOSER - 3. Non Colussion Affidavit Cayco Landscaping.pdf - Friday October 23, 2020 09:17:24
MINORITY OWNED BUSINESS CERTIFICATION - 4. Minority Owner Business Certification.pdf - Friday October 23, 2020 09:17:11
CERTIFICATION PURSUANT TO FLORIDA STATUTE 287.135 - 5. Certification pursue to Florida Statue Cayco Landscaping.pdf - Friday
October 23, 2020 09:17:35
Florida Professional License, including evidence of possession of required licenses or business permits - 6. Cayco Busines Licenses.pdf -
Friday October 23, 2020 09:17:49
Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form - 7. City of Boynton Beach - C.O.I..pdf -
Friday October 23, 2020 09:17:59
Supplemental Information - 8. Supplemental Info Cayco Landscaping ITB 032-2730-20RW.pdf - Friday October 23, 2020 09:18:17
Additional Information to be Provided (Delivery, Discount on Accessories, & Option for 5-Year Maintenance Agreement) - 9. Draft Contract.pdf -
Friday October 23, 2020 09:18:36
Bid Number: ITB 032-2730-20-RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 969 of 1203
Addenda & Acknowledgements
The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the
negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the
Consultant and its sub-consultants and lower tier sub-consultants.
The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its
subconsultants or lower tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a
material breach of this contract justifying its termination.
Confirmation of Drug Free Workplace
Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price,
quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the
award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program.
In order to have a drug-free workplace program, a business shall:
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in
subsection (1).
In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are
under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo
contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than 5 days after such conviction.
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the
employee’s community by, any employee who is so convicted.
Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Alejandro Rotundo, COO, Blue Marlin Investments
INC DBA Cayco Landscaping
The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest?
Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document
Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum 1 for ITB NO. 032-2730-20RW Facility Sites
Tue October 13 2020 05:41 PM --
Bid Number: ITB 032-2730-20-RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 970 of 1203
Bid Number: ITB 032-2730-20-RW Vendor Name: Blue Marlin Investments INC DBA Cayco LandscapingPage 971 of 1203
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 20-014
TO: Kristeena Pinto, Purchasing Manager
Financial Services Department
FROM: Gary Dunmyer, City Engineer
Public Works Department/Engineering Division
DATE: November 19, 2020, revised December 4, 2020
SUBJECT: ITB 031-2730-20/RW - Parks
ITB 032-2730-20/RW - Facilities
ITB 033-2730-20/RW - Medians & Right of Ways
ITB 034-2730-20/RW - Lots & Alleys
RECOMMENDATION OF AWARD
Bids were received and publicly opened for the above noted projects on Bid and Tender. All
submitted bids were reviewed by staff; I offer the following recommendations of Award:
• ITB 031-2730-20/RW - Parks – Cayco – Award Basic Maintenance for parks and future
park sites - (Not award Kapok, Joseph Crowder, & Town Square Parks & not award
Mulch Option) for $122,661.00
• ITB 032-2730-20/RW - Facilities – Cayco – Basic Maintenance Only for $143,944.00
• ITB 033-2730-20/RW - Medians & Right of Ways – Property Works – Both Basic
Maintenance & Mulch for $403,147.92
• ITB 034-2730-20/RW - Lots & Alleys – LV Superior – Basic Maintenance Only for
$56,160
Please present this recommendation to the City Commission for their approval.
S:\Engineering\ Memorandums\Memos 2020\20-014 Recommendation Landscaping Bid.docx
Page 972 of 1203
7.C.
C ONS E NT B I D S A ND P URC HA S E S OV E R $100,000
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Proposed Resolution No. R20-145 - Approve the award and
authorize the City Manager to sign the Contract for Landscape Maintenance Services for ME D I A NS A ND
RI GHT-OF-W AY S/ROW s, in response to Bid No.:033-2730-20/RW to the low responsive & responsible
bidder Batallan Enterprises, I nc. dba Property W orks. 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 contract, shall be the total amount of
payment to Vendor for services provided under this contract for the entire term of the contract.
Explanation of Request:
E X P LAN ATIO N O F R E Q U E S T:
Initial Bid Term: Three years Effective January 01, 2021 through December 31, 2024
On September 23, 2020, No.:031-2730-20/RW was advertised and submittals were opened on October 23,
2020. The City received six (6) bids and tabulated the submittals. The low responsive & responsible bidder is
Batallan Enterprises, I nc. dbaProperty W orks in the amount of $ 332,597.86 for basic maintenance and
$70,550.06 for Mulch option included, plus an allowance for potential additional services of $5,000 for an
estimated amount of $408,147.92 annually.
R ecommended for Award Landscape Services G roup:Annual Estimated
Amount
Batallan Enterprises, I nc.
dbaProperty Works
Medians & Right of W ay s/Rows $ 332,597.86
Mulc hing Option $70,550.06
Total $403,147.92
As a result, the Schedule of Prices will be fixed and firm for the initial three (3) y ear period from the
effective date of J anuary 01, 2021, subject to the bid award and by mutual agreement between the City and
the awardee, may be renewable for two (2) additional one (1) year periods. The City reserves the right to
exercise the option to renew annually.
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 contract, shall be the total amount of payment to Vendor for services
provided under this contract for the entire term of the contract.
How will this affect city programs or services?
This bid award will provide for the issuance of continuous service in connection with landscape maintenance
Page 973 of 1203
of Medians & Right of Ways to enhance City-wide operations.
Fiscal Impact: Budgeted
The costs of the monthly landscape services will be paid from
Account # 001-2730-572-49-17
Alternatives: Not award the bid and re-advertise.
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant? No
Grant Amount:
Contracts
Vendor Name: Batallan Enterprises, I nc. dba Property W orks
Start Date: 1/1/2021
End Date: 12/31/2024
Contract Value: $408,147.92 annually.
Minority Owned Contractor?: No
Extension Available?: Yes
Extension Explanation:
Renewable for two (2) additional one year periods.
Page 974 of 1203
AT TAC H ME N TS:
Type Description
Resolution
Resolution awarding Bid 033-2730-20/RW for
Landscape Maintenance Services for Medians
and ROW
Attachment BidAnalysis I TB033-2730-20-RW
Addendum Property W orks Bid 033-2730-20RW Signed
Price Verification Letter
Addendum Property W orks Bid on I TB 033-2730-20-RW
Addendum 20-014 Recommendation Landscaping Bid
Addendum Property W orks Signed Contract 033-2730-
20RW - Medians & Right of Ways
Page 975 of 1203
S:\CA\RESO\Agreements\Award of Bid for Landscape Maintenance Services toBatallan (Medians & ROWs) - Reso.docx
RESOLUTION NO. R20- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3
APPROVING AWARD AND AUTHORIZING THE CITY MANAGER TO 4
SIGN THE CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES 5
FOR MEDIANS AND RIGHT-OF-WAYS/ROWS, IN RESPONSE TO BID 6
NO.:033-2730-20/RW TO THE LOW RESPONSIVE & RESPONSIBLE 7
BIDDER BATALLAN ENTERPRISES, INC. DBA PROPERTY WORKS. 8
THE TOTAL CONTRACT PRICE INCLUDES THE ANNUAL BID 9
AMOUNT OF $403,147.92 PLUS AN ALLOWANCE FOR POTENTIAL 10
ADDITIONAL SERVICES OF $5,000 ANNUALLY FOR AN ESTIMATED 11
ANNUAL AMOUNT OF $408,147.92 FOR A PERIOD OF THREE (3) 12
YEARS, WITH AN OPTION TO RENEW FOR TWO (2) ONE-YEAR 13
TERMS FOR A TOTAL $2,040,739.60 ESTIMATED AMOUNT OVER THE 14
TOTAL POTENTIAL TERM OF THE CONTRACT; AND PROVIDING 15
AN EFFECTIVE DATE. 16
17
WHEREAS, on October 23, 2020, Procurement Services opened and tabulated six (6) 18
Bids in response to BID No. 033-2730-20/RW for Landscape Maintenance Services For Medians 19
and Right-of-Ways; and 20
WHEREAS, the Evaluation Team is recommending an award to Batallan Enterprises, 21
Inc., dba Property Works, in the amount of $403,147.92 as the lowest responsive, responsible 22
bidder; and 23
WHEREAS, The total contract price includes the annual bid amount of $403,147.92 plus an 24
allowance for potential additional services of $5,000 annually for an estimated annual amount of 25
$408,147.92 for a period of three (3) years, with an option to renew for two (2) one-year terms for a total 26
$2,040,739.60 estimated amount over the total potential term of the contract, shall be the total amount of 27
payment to Vendor for services provided under this contract for the entire term of the contract; and 28
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 29
of staff, deems it to be in the best interest of the citizens and residents to approve the award and 30
authorize the City Manager to sign the Contract for Landscape Maintenance Services for MEDIANS AND 31
RIGHT-OF-WAYS/ROWs, in response to Bid No.:033-2730-20/RW to the low responsive & responsible 32
bidder Batallan Enterprises, Inc. dba Property Works. 33
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 34
CITY OF BOYNTON BEACH, FLORIDA, THAT: 35
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36
Page 976 of 1203
S:\CA\RESO\Agreements\Award of Bid for Landscape Maintenance Services toBatallan (Medians & ROWs) - Reso.docx
being true and correct and are hereby made a specific part of this Resolution upon adoption. 1
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 2
approves the award and authorizes the City Manager to sign the Contract for Landscape Maintenance 3
Services for MEDIANS AND RIGHT-OF-WAYS/ROWs, in response to Bid No.:033-2730-20/RW to the 4
low responsive & responsible bidder Batallan Enterprises, Inc. dba Property Works. The total contract price 5
includes the annual bid amount of $403,147.92 plus an allowance for potential additional services of $5,000 6
annually for an estimated annual amount of $408,147.92 for a period of three (3) years, with an option to 7
renew for two (2) one-year terms for a total $2,040,739.60 estimated amount over the total potential term of 8
the contract, shall be the total amount of payment to Vendor for services provided under this contract for the 9
entire term of the contract. A copy of the Contract is attached hereto and incorporated herein as 10
Exhibit “A”. 11
Section 3. That this Resolution shall become effective immediately. 12
PASSED AND ADOPTED this ____ day of December, 2020 13
CITY OF BOYNTON BEACH, FLORIDA 14
YES NO 15
16
Mayor – Steven B. Grant _____ _____ 17
18
Vice-Mayor – Ty Penserga _____ _____ 19
20
Commissioner – Justin Katz _____ _____ 21
22
Commissioner – Woodrow L. Hay _____ _____ 23
24
Commissioner – Christina L. Romelus _____ _____ 25
26
VOTE ______ 27
ATTEST: 28
29
_____________________________ 30
Crystal Gibson, MMC 31
City Clerk 32
33
(Corporate Seal) 34
Page 977 of 1203
Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1
Schedule/Specification Total Total Total Total Total Total
NORTH FEDERAL HIGHWAY MEDIANS (NF-1 thru NF-21) & ROW'S $20,786.48 $68,413.80 $70,122.00 $166,435.36 $70,039.32 $396,709.56
GATEWAY BOULEVARD MEDIANS & ROWs (GWB-1 thru GWB-24)$20,791.68 $42,484.00 $38,948.00 $34,166.08 $20,159.88 $216,357.96
MULCHING - NORTH FEDERAL HIGHWAY MEDIANS (NF-1 thru NF-21) & ROW'S Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
BOYNTON BEACH BOULEVARD MEDIANS (BB-1 thru BB-20)$20,787.00 $46,280.00 $41,704.00 $68,523.52 $31,200.52 $254,593.56
EAST OCEAN AVENUE ROWs & MEDIANS (OA-2 thru OA-7)$20,787.52 $31,200.00 $19,604.00 $8,162.44 $35,047.48 $67,384.72
SEACREST MEDIANS & ROW'S $20,788.20 $66,060.00 $76,752.00 $61,293.00 $9,231.24 $57,880.44
CIRCLE ISLANDS (CI-2 thru CI-9)$20,788.56 $12,948.00 $13,520.00 $8,632.26 $1,795.56 $60,840.00
NORTH CONGRESS AVENUE MEDIANS (NC-1 thru NC-23) to the Outer Curb Edge $20,787.00 $51,012.00 $18,512.00 $144,263.60 $45,463.60 $278,200.00
SANDALWOOD DRIVE MEDIANS $20,788.82 $4,940.00 $5,070.00 $317.20 $2,119.78 $8,446.10
HYPOLUXO ROAD MEDIANS (HR-11 thru HR-16)$20,788.56 $7,176.00 $5,330.00 $20,298.72 $6,056.70 $26,000.00
KNUTH ROAD ROWs (KR-1 thru KR-4)$20,788.56 $12,350.00 $4,784.00 $21,133.06 $7,475.26 $16,640.00
SOUTH FEDERAL HIGHWAY MEDIANS (SF-1 thru SF-26) & ROW'S $20,780.24 $100,960.08 $54,756.00 $165,394.84 $74,714.64 $600,600.00
SE 4th STREET MEDIANS & ROWs (SE-1 thru SE-9)$20,788.30 $4,799.60 $8,060.00 $4,777.24 $1,352.52 $55,900.00
SOUTH CONGRESS AVENUE MEDIANS (SC-1 thru SC-19)$20,780.76 $49,458.24 $43,836.00 $153,610.60 $75,982.92 $502,580.00
WOOLBRIGHT ROAD MEDIANS (WR-1 thru WR-10)$20,788.56 $31,824.00 $21,996.00 $21,719.36 $11,214.84 $142,480.00
QUAIL RUN MEDIANS $20,788.80 $2,640.00 $2,400.00 $1,072.44 $73.68 $3,360.00
SW 8TH STREET MEDIANS (BY HOME DEPOT)$20,788.82 $3,250.00 $5,070.00 $3,512.60 $1,469.52 $5,980.00
MULCHING - GATEWAY BOULEVARD MEDIANS & ROWs (GWB-1 thru GWB-24)Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING -GATEWAY BOULEVARD MEDIANS & ROWs (GWB-1 thru GWB-24)Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - NBOYNTON BEACH BOULEVARD MEDIANS (BB-1 thru BB-20)Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - EAST OCEAN AVENUE ROWs & MEDIANS (OA-2 thru OA-7)Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - SEACREST MEDIANS & ROW'S Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - CIRCLE ISLANDS (CI-2 thru CI-9)Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - NORTH CONGRESS AVENUE MEDIANS (NC-1 thru NC-23) to the Outer Curb Edge Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - SANDALWOOD DRIVE MEDIANS Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING -HYPOLUXO ROAD MEDIANS (HR-11 thru HR-16)Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - KNUTH ROAD ROWs (KR-1 thru KR-4)Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - QUANTUM DISTRICT Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - SOUTH FEDERAL HIGHWAY MEDIANS (SF-1 thru SF-26) & ROW'S Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - SE 4th STREET MEDIANS & ROWs (SE-1 thru SE-9)Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING -South Congress Avenue Median SC-1 & SC-2 includes curb on both sides of the road.Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - WOOLBRIGHT ROAD MEDIANS (WR-1 thru WR-10)Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - QUAIL RUN MEDIANS Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
MULCHING - SW 8TH STREET MEDIANS (BY HOME DEPOT)Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
Additional Service Items Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
Confirmation of Minority Owned Business Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
Letter of interest Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
Local Business Status Certification Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
References - Past Performance Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
Sub-Consultant(s) Not included in total Not included in total Not included in total Not included in total Not included in total Not included in total
Subtotal Contract Amount:$332,597.86 $535,795.72 $430,464.00 $883,312.32 $393,397.46 $2,693,952.34
ITB 033-2730-20-RW - LANDSCAPE MAINTENANCE MEDIANS AND RIGHT-OF-WAYS/ROWs - Overview of Specifications and Schedule of Prices
Batallan Enterprises Inc.Vincent and sons landscaping In ABM Industries LLC Juniper Landscaping n Investments INC DBA Cayco Larior Landscaping & Lawn Service
Page 978 of 1203
Page 979 of 1203
Page 980 of 1203
ITB 033-2730-20-RW - LANDSCAPE MAINTENANCE MEDIANS AND
RIGHT-OF-WAYS/ROWs
Opening Date: October 1, 2020 12:00 PM
Closing Date: October 30, 2020 2:30 PM
Vendor Details
Company Name:Batallan Enterprises Inc.
Does your company conduct
business under any other name? If
yes, please state:
Property Works
Address:
1201 Roebuck Ct.
West Palm Beach, Florida 33401
Contact:Tony Batallan
Email:tony@propertyworksonline.net
Phone:561-805-8687
Fax:561-805-8688
HST#:87-0720106
Submission Details
Created On:Friday October 23, 2020 10:54:48
Submitted On:Thursday October 29, 2020 13:20:53
Submitted By:Tony Batallan
Email:tony@propertyworksonline.net
Transaction #:93621666-e7af-4978-81aa-d65feb7a853a
Submitter's IP Address:70.90.58.17
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 981 of 1203
Schedule of Prices
The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for
in this Bid, at the unit prices, and/or lump sums, hereinafter stated.
*Denotes a "MANDATORY" field
Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified).
If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar
value.
NORTH FEDERAL HIGHWAY MEDIANS (NF-1 thru NF-21) & ROW'S
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE
PER SERVICE *
TOTAL ANNUAL
COST
MR/NF/001 North Federal Highway Median NF-1 (North City Limits) to
back of sidewalk.
52 $17.3800 $ 903.76 *
MR/NF/002 North Federal Highway Median NF-2 to back of sidewalk.52 $17.3800 $ 903.76 *
MR/NF/003 North Federal Highway Median NF-3 to back of sidewalk.52 $17.3800 $ 903.76 *
MR/NF/004 North Federal Highway Median NF-4 to back of sidewalk.52 $17.3800 $ 903.76 *
MR/NF/005 West R.O.W. for NF-1 thru NF-4 (Between Railroad R.O.W.
and the curb.)
52 $17.3800 $ 903.76 *
MR/NF/006 North Federal Highway Median NF-5 to back of sidewalk.52 $17.3800 $ 903.76 *
MR/NF/007 North Federal Highway Median NF-6 to back of sidewalk.52 $17.3800 $ 903.76 *
MR/NF/008 North Federal Highway Median NF-7 to back of sidewalk.52 $17.3800 $ 903.76 *
MR/NF/009 North Federal Highway Median NF-8 to back of sidewalk.52 $17.3800 $ 903.76 *
MR/NF/010 North Federal Highway Median NF-9 to back of sidewalk.52 $17.3800 $ 903.76 *
MR/NF/011 West R.O.W. for NF-5 thru NF-9 (Between Railroad R.O.W.
and the curb.)
52 $17.3800 $ 903.76 *
MR/NF/012 North Federal Highway Median NF-10 & NF-11 to back of
sidewalk.
52 $17.3800 $ 903.76 *
MR/NE/013 West R.O.W. for NF-10 & NF-11 (Between Railroad R.O.W.
and the curb.)
52 $17.3800 $ 903.76 *
MR/NE/014 North Federal Highway Median NF-12 & NF-13 with ROWs
on both sides of the road to the back of sidewalk
52 $17.3800 $ 903.76 *
MR/NE/015 North Federal Highway Median NF-14 with ROWs on both
sides of the road to the back of sidewalk
52 $17.3800 $ 903.76 *
MR/NE/016 North Federal Highway Median NF-15 with ROWs on both
sides of the road to the back of sidewalk
52 $17.3800 $ 903.76 *
MR/NE/017 North Federal Highway Median NF-16 with ROWs on both
sides of the road to the back of sidewalk.
52 $17.3800 $ 903.76 *
MR/NE/018 North Federal Highway Median NF-17 with ROWs on both
sides of the road to the back of sidewalk
52 $17.3800 $ 903.76 *
MR/NE/019 North Federal Highway Median NF-18 & NF-19 with ROWs
on both sides of the road to the back of sidewalk.
52 $17.3800 $ 903.76 *
MR/NE/020 North Federal Highway Median NF-20 with ROWs on both
sides of the road to the back of sidewalk. Includes Shrub
Beds in Front of Casa Costa Condominiums
52 $17.3800 $ 903.76
*
MR/NE/021 North Federal Highway Median NF-21 with ROWs on both
sides of the road to the back of sidewalk
52 $17.3800 $ 903.76 *
MR/NE/022 Yachtmans Cove ROWs along curve on NE 15th Place 52 $17.3800 $ 903.76 *
MR/NE/023 Oak Street Right of Way (Mow and prune hedge south side
and top)
52 $17.3800 $ 903.76 *
Subtotal:$ 20,786.48
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 982 of 1203
GATEWAY BOULEVARD MEDIANS & ROWs (GWB-1 thru GWB-24)
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/NW/001 High Ridge Road Medians & ROWs to the back of the curb
HRG-01 thru HRG-04
52 $57.1200 $ 2,970.24 *
MR/NE/002 Gateway Blvd. Median GWB-1 thru GWB-7 with ROWs on
both sides of the road to the back of sidewalk
52 $57.1200 $ 2,970.24 *
MR/NE/003 Gateway Blvd. Median GWB-8 thru GWB-11 including
guardrail on both sides of the road.
52 $57.1200 $ 2,970.24 *
MR/NE/004 Gateway Blvd. Median GWB-12 thru GWB-19 to the outer
curb edge of Gateway.
52 $57.1200 $ 2,970.24 *
MR/NE/005 Gateway Blvd. Median GWB-20 & GWB-21 with ROWs on
both sides of the road to the back of sidewalk
52 $57.1200 $ 2,970.24 *
MR/NE/006 Gateway Blvd. Median GWB-22 thru GWB-24.52 $57.1200 $ 2,970.24 *
MR/NE/007 R.O.W. along the south side of NE 21st Avenue from NE
4th Street to the Railroad property.
52 $57.1200 $ 2,970.24 *
Subtotal:$ 20,791.68
MULCHING - NORTH FEDERAL HIGHWAY MEDIANS (NF-1 thru NF-21) & ROW'S
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/NF/001 North Federal Highway Median NF-1 (North City Limits) to
back of sidewalk.
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/002 North Federal Highway Median NF-2 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/003 North Federal Highway Median NF-3 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/004 North Federal Highway Median NF-4 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/005 West R.O.W. for NF-1 thru NF-4 (Between Railroad R.O.W.
and the curb.)
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/006 North Federal Highway Median NF-5 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/007 North Federal Highway Median NF-6 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/008 North Federal Highway Median NF-7 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/009 North Federal Highway Median NF-8 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/010 North Federal Highway Median NF-9 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/011 West R.O.W. for NF-5 thru NF-9 (Between Railroad R.O.W.
and the curb.)
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/012 North Federal Highway Median NF-10 & NF-11 to back of
sidewalk.
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/013 West R.O.W. for NF-10 & NF-11 (Between Railroad R.O.W.
and the curb.)
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/014 North Federal Highway Median NF-12 & NF-13 with ROWs
on both sides of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/015 North Federal Highway Median NF-14 with ROWs on both
sides of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/016 North Federal Highway Median NF-15 with ROWs on both
sides of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/017 North Federal Highway Median NF-16 with ROWs on both
sides of the road to the back of sidewalk.
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/018 North Federal Highway Median NF-17 with ROWs on both
sides of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/019 North Federal Highway Median NF-18 & NF-19 with ROWs
on both sides of the road to the back of sidewalk.
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/020 North Federal Highway Median NF-20 with ROWs on both
sides of the road to the back of sidewalk. Includes Shrub
Beds in Front of Casa Costa Condominiums
1 $77.5800 $47.8900 $47.8900 $ 173.36
*
MR/NE/021 North Federal Highway Median NF-21 with ROWs on both
sides of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/022 Yachtmans Cove ROWs along curve on NE 15th Place 1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/023 Oak Street Right of Way (Mow and prune hedge south side
and top)
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 983 of 1203
BOYNTON BEACH BOULEVARD MEDIANS (BB-1 thru BB-20)
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/NW/001 American Legion Median 52 $30.7500 $ 1,599.00 *
MR/NW/002 Venetian Isles Medians (2 areas at the ends of Venice Dr &
Isles Ct)
52 $30.7500 $ 1,599.00 *
MR/NW/003 R.O.W. on West Industrial Avenue/West Side. (Work needs
to be completed during non-business hours, Saturday)
52 $30.7500 $ 1,599.00 *
MR/NW/004 Winchester Park Blvd Paved Median WPB1 thru WPB3 52 $30.7500 $ 1,599.00 *
MR/NW/005 ROW on SE corner of NW 7th Court & NW 4th Avenue
along residence @ 814 NW 4th Avenue
52 $30.7500 $ 1,599.00 *
MR/NE/006 Boynton Beach Blvd Median BB-1 thru BB-3 with ROWs on
both sides of the road to the back of sidewalk
52 $30.7500 $ 1,599.00 *
MR/NE/007 Boynton Beach Blvd Median BB-4 with ROW on the north
side of the road to the back of sidewalk
52 $30.7500 $ 1,599.00 *
MR/NE/008 Boynton Beach Blvd Median BB-5 thru BB-8 with ROWs on
both sides of the road to the back of sidewalk
52 $30.7500 $ 1,599.00 *
MR/NE/009 Boynton Beach Blvd Median
BB-9 thru BB-11
with ROWs on both sides of the road to the back of
sidewalk
52 $30.7500 $ 1,599.00
*
MR/NE/010 Boynton Beach Blvd Median
BB-12 thru BB-18
52 $30.7500 $ 1,599.00 *
MR/NE/011 Boynton Beach Blvd Median BB-19 & BB-20 52 $30.7500 $ 1,599.00 *
MR/NE/012 Railroad Avenue east ROW from Road Edge & Guard Rail
back 15 feet (C16 Canal south to Boynton Beach Blvd.)
52 $30.7500 $ 1,599.00 *
MR/SW/013 Hibiscus Median at the intersection of SW 2nd Ave., West
Ocean Ave., & SW 7th Street
52 $30.7500 $ 1,599.00 *
Subtotal:$ 20,787.00
EAST OCEAN AVENUE ROWs & MEDIANS (OA-2 thru OA-7)
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/NE/0 Martin Luther King Jr Blvd. (NE 10th Avenue) ROWs on the
both sides of the road from Federal Highway to NW 1st
Street to the back of sidewalk. (Extra trash) Includes Sign
for Poinciana Gardens
52 $99.9400 $ 5,196.88
*
MR/NE/034 East Ocean Ave. ROWs OA-2 thru OA-5 from 1st Street to
Federal Highway on both sides of the road to the back of
sidewalk or greater (hedges between pedestals) with the
exception of the south ROW in the 500 Block; see map.
52 $99.9400 $ 5,196.88
*
MR/NE/035 East Ocean Ave. R.O.W. & Medians OA-6 on both sides of
the road to the back of sidewalk from Federal Highway to
6th Street.
52 $99.9400 $ 5,196.88
*
MR/NE/036 * East Ocean Ave. ROWs OA-7 on both sides of the
road/bridge to beyond the back of sidewalk from 6th Street
to waters edge under the bridge; see map.
52 $99.9400 $ 5,196.88
*
Subtotal:$ 20,787.52
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 984 of 1203
SEACREST MEDIANS & ROW'S
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/NW/006 Seacrest Court Median off of North Seacrest Blvd.12 $115.4900 $ 1,385.88 *
MR/NW/009 NW 17th Ave. Medians (NW17-1 thru NW17-6) including
ROW on the north side of the road.
12 $115.4900 $ 1,385.88 *
MR/NW/034 ROW along I95 Corridor between Arthur Court & South
Atlantic Drive West
12 $115.4900 $ 1,385.88 *
MR/NE/037 Ocean Parkway Medians
OP-1 thru OP-7
12 $115.4900 $ 1,385.88 *
MR/NE/038 Rolling Green School Parking Lot & ROWs on NE 26th
Avenue near NE 3rd Court
12 $115.4900 $ 1,385.88 *
MR/NE/039 ROWs on North side of NE 26th Ave between NE 3rd
Street & NE 4th Street
12 $115.4900 $ 1,385.88 *
MR/NE/041 North Seacrest Blvd Medians NS-1 thru NS-3 to the back of
sidewalk (MLK Blvd. to C-16 Canal) to include the Artwork
Areas on NE & NW Corners.
12 $115.4900 $ 1,385.88
*
MR/NE/042 North Seacrest Blvd Median NS-4 to the back of sidewalk
(MLK Blvd. to NW 8th Ave.) to include the Artwork Area on
the SE Corner of MLK & Seacrest.
12 $115.4900 $ 1,385.88
*
MR/NE/043 North Seacrest Blvd Median NS-5 to the back of sidewalk
(NW 6th Ave. to NW 8th Ave.) including the West ROW at
NW 8th Avenue south to NE 7th Avenue -- Sabal Palms &
Grasses
12 $115.4900 $ 1,385.88
*
MR/NE/044 North Seacrest Blvd Median NS-6 to the back of sidewalk
(NW 6th Ave. to NW 4th Ave.) to include large Landscape
Area between NW 6th Avenue & NW 5th Court with the
exception of the fenced vegetable garden.
12 $115.4900 $ 1,385.88
*
MR/NE/045 North Seacreast Blvd. R.O.W.s from Boynton Beach Blvd. to
NW 4th Ave. on East & West sides.
12 $115.4900 $ 1,385.88 *
MR/SW/001 Chapel Hill Blvd. Entrance/Medians
CHB-1 thru CHB-6
12 $115.4900 $ 1,385.88 *
MR/SW/019 R.O.W. Along I95 wall/SW 4th Street from SW 4th Avenue to
SW 10th Avenue
12 $115.4900 $ 1,385.88 *
MR/SW/020 Ridgewood Estates Median and ROWs along south side of
SW 23rd Avenue/Golf Road south to SW 23rd Terrace (extra
wide area); see map.
12 $115.4900 $ 1,385.88
*
MR/SW/028 R.O.W. North Side of SW 23rd Avenue/Golf Road at SW
3rd Street
12 $115.4900 $ 1,385.88 *
Subtotal:$ 20,788.20
CIRCLE ISLANDS (CI-2 thru CI-9)
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/NW/002 Circle Island Median CI-2 & CI-3 at intersection of NW 1st
Street and NW 3rd Ave & Court
26 $133.2600 $ 3,464.76 *
MR/NW/003 Circle Island Median CI-4, CI-5, & CI-6 at intersection of NW
1st Street and NW 5th Ave & Court
26 $133.2600 $ 3,464.76 *
MR/NW/004 Circle Island Median CI-7 & CI-8 at the intersection of NW
1st Street and NW 7th Ave & Court
26 $133.2600 $ 3,464.76 *
MR/NW/005 Circle Island Median CI-9 at the intersection of NW 1st
Street and NW 9th Court
26 $133.2600 $ 3,464.76 *
MR/NW/007 NW 12th Ave. Medians NW12-1 & NW12-2 26 $133.2600 $ 3,464.76 *
MR/NW/008 NW 13th Ave. Medians (NW13-1 & NW13-2)26 $133.2600 $ 3,464.76 *
Subtotal:$ 20,788.56
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 985 of 1203
NORTH CONGRESS AVENUE MEDIANS (NC-1 thru NC-23) to the Outer Curb Edge
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/NW/010 North Congress Avenue Median NC-1 thru NC-3 includes
curb on both sides of the road.
52 $30.7500 $ 1,599.00 *
MR/NW/011 North Congress Avenue Median NC-4 includes curb on both
sides of the road.
52 $30.7500 $ 1,599.00 *
MR/NW/012 North Congress Avenue Median NC-5 includes curb on both
sides of the road.
52 $30.7500 $ 1,599.00 *
MR/NW/013 North Congress Avenue Median NC-6 includes curb on both
sides of the road.
52 $30.7500 $ 1,599.00 *
MR/NW/014 North Congress Avenue Median NC-7 includes curb on both
sides of the road.
52 $30.7500 $ 1,599.00 *
MR/NW/015 North Congress Avenue Median NC-8 includes curb on both
sides of the road.
52 $30.7500 $ 1,599.00 *
MR/NW/016 North Congress Avenue Median NC-9 & NC-10 includes
curb on both sides of the road.
52 $30.7500 $ 1,599.00 *
MR/NW/017 North Congress Avenue Median NC-11 includes curb on both
sides of the road.
52 $30.7500 $ 1,599.00 *
MR/NW/018 North Congress Avenue Median NC-12 includes curb on
both sides of the road.
52 $30.7500 $ 1,599.00 *
MR/NW/019 North Congress Avenue Median NC-13 includes curb on
both sides of the road.
52 $30.7500 $ 1,599.00 *
MR/NW/021 North Congress Avenue Median NC-14 includes curb on
both sides of the road.
52 $30.7500 $ 1,599.00 *
MR/NW/022 North Congress Avenue Median NC-15 & NC-16 includes
curb on both sides of the road.
52 $30.7500 $ 1,599.00 *
MR/NW/023 North Congress Avenue Median NC-17 thru NC-23 (all of
these are concrete) includes curb on both sides of the road.
52 $30.7500 $ 1,599.00 *
Subtotal:$ 20,787.00
SANDALWOOD DRIVE MEDIANS
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/NW/023 Sandalwood Drive Medians Only
(Mowing, Trimming, Pick up Litter and Fronds)
26 $799.5700 $ 20,788.82 *
Subtotal:$ 20,788.82
HYPOLUXO ROAD MEDIANS (HR-11 thru HR-16)
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/NW/024 Hypoluxo Road Median HR-11 & HR-12 (East of Congress
Ave.)
26 $266.5200 $ 6,929.52 *
MR/NW/025 Hypoluxo Road Median HR-13 & HR-14 (Concrete)26 $266.5200 $ 6,929.52 *
MR/NW/026 Hypoluxo Road Median HR-15 & HR-16 26 $266.5200 $ 6,929.52 *
Subtotal:$ 20,788.56
KNUTH ROAD ROWs (KR-1 thru KR-4)
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/NW/027 Knuth Road ROWs KR-1 from Old Boynton Road to West
Boynton Beach Blvd.
26 $399.7800 $ 10,394.28 *
MR/NW/028 Knuth Road ROWs KR-2 thru KR-4 from W. Boynton Beach
Blvd. to Woolbright Road
26 $399.7800 $ 10,394.28 *
Subtotal:$ 20,788.56
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 986 of 1203
SOUTH FEDERAL HIGHWAY MEDIANS (SF-1 thru SF-26) & ROW'S
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/SE/001 Castillo Lane Median 52 $15.3700 $ 799.24 *
MR/SE/002 South Federal Highway Median SF-1 with ROWs on both
sides of the road to the back of sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/003 South Federal Highway Median SF-2 with ROWs on both
sides of the road to the back of sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/004 South Federal Highway Median SF-3 with ROWs on both
sides of the road to the back of sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/005 South Federal Highway Median SF-4 with ROWs on both
sides of the road to the back of sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/006 South Federal Highway Median SF-5 and the ROWs on both
sides of the road to the back of sidewalks.
52 $15.3700 $ 799.24 *
MR/SE/007 Entrance area off the East SF-5 ROW at Greenbriar Drive
& 7th Street; see map.
52 $15.3700 $ 799.24 *
MR/SE/008 South Federal Highway Median SF-6 & SF-7 and ROWs on
both sides of the road to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/009 South Federal Highway Median SF-8 and the East ROW to
the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/010 South Federal Highway Median SF-9 ant the East ROW to
the back of the sidewalk..
52 $15.3700 $ 799.24 *
MR/SE/011 South Federal Highway Median SF-10 & SF-11 and ROWs
on both sides of the road to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/012 South Federal Highway Median SF-12 A & B and ROWs on
both sides of the road to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/013 South Federal Highway Median SF-13 & SF-14 and ROWs
on both sides of the road to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/014 South Federal Highway Median SF-15 and ROWs on both
sides of the road to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/015 South Federal Highway Median SF-16 and ROWs on both
sides of the road to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/016 South Federal Highway Median SF-17 A & B and ROWs on
both sides of the road to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/017 South Federal Highway Median SF-18 & SP-19 and ROWs
on both sides of the road to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/018 South Federal Highway Median SF-20 and ROWs on both
sides of the road to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/019 South Federal Highway Median SF-21 & SF-22 and ROWs
on both sides of the road to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/020 South Federal Highway Median SF-23 and ROWs on both
sides of the road to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/021 South Federal Highway Median SF-24 A & B and ROWs on
both sides of the road to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/022 South Federal Highway Median SF-25 & SF-26 and the
East ROW to the back of the sidewalk.
52 $15.3700 $ 799.24 *
MR/SE/028 Gulfstream Blvd. Medians GSB-1 thru GSB-6 and ROWs to
the outer curb edge of Gulfstream Blvd on the North side
only.
52 $15.3700 $ 799.24
*
MR/SE/029 Riviera Drive Median - East End of Riviera Drive off of
Federal Highway
52 $15.3700 $ 799.24 *
MR/SE/030 West ROW on SE 2nd Street from SE 23rd Avenue/Golf
Road to SE 26th Avenue
52 $15.3700 $ 799.24 *
MR/SE/031 West side R.O.W. on Old Dixie Highway from North Sunset
Road to Gulfstream Blvd; see map.
52 $15.3700 $ 799.24 *
Subtotal:$ 20,780.24
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 987 of 1203
SE 4th STREET MEDIANS & ROWs (SE-1 thru SE-9)
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/SE/023 SE 4th Street Median SE4-1 & SE4-2 with ROWs on both
side of the road to the back of sidewalk (SE 2nd Ave. to
SE 5th Ave.)
26 $159.9100 $ 4,157.66
*
MR/SE/024 SE 4th Street Median SE4-3 with ROWs on both sides of
the road to the back of sidewalk (SE 5th Ave. to SE 6th
Ave.)
26 $159.9100 $ 4,157.66
*
MR/SE/025 SE 4th Street Median SE4-4 thru SE4-6 and ROWs on
both sides of the road to the back of sidewalk (SE 6th Ave.
to SE 8th Ave.) East ROWs include landscaped areas; see
map.
26 $159.9100 $ 4,157.66
*
MR/SE/026 SE 4th Street Median SE4-7 & SE4-8 with ROWs on both
sides of the road to the back of sidewalk (SE 8th Ave. to
SE 10th Ave.)
26 $159.9100 $ 4,157.66
*
MR/SE/027 SE 4th Street Median SE4-9 with ROWs on both sides of
the road to the back of sidewalk; see map as no ROWs on
the south end (SE 10th Ave. to SE 12th Ave.)
26 $159.9100 $ 4,157.66
*
Subtotal:$ 20,788.30
SOUTH CONGRESS AVENUE MEDIANS (SC-1 thru SC-19)
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/SW/002 South Congress Avenue Median SC-1 & SC-2 includes curb
on both sides of the road.
52 $19.0300 $ 989.56 *
MR/SW/003 South Congress Avenue Median SC-3 includes curb on both
sides of the road.
52 $19.0300 $ 989.56 *
MR/SW/004 South Congress Avenue Median SC-4 includes curb on both
sides of the road.
52 $19.0300 $ 989.56 *
MR/SW/005 South Congress Avenue Median SC-5 & SC-6 includes curb
on both sides of the road.
52 $19.0300 $ 989.56 *
MR/SW/006 South Congress Avenue Median SC-7 includes curb on both
sides of the road.
52 $19.0300 $ 989.56 *
MR/SW/007 South Congress Avenue Median SC-8 & SC-9 includes curb
on both sides of the road.
52 $19.0300 $ 989.56 *
MR/SW/008 South Congress Avenue Median SC-10 includes curb on
both sides of the road.
52 $19.0300 $ 989.56 *
MR/SW/009 South Congress Avenue Median SC-11 includes curb on
both sides of the road.
52 $19.0300 $ 989.56
MR/SW/010 South Congress Avenue Median SC-12 includes curb on
both sides of the road.
52 $19.0300 $ 989.56
MR/SW/011 South Congress Avenue Median SC-13 includes curb on
both sides of the road.
52 $19.0300 $ 989.56
MR/SW/012 South Congress Avenue Median SC-14 includes curb on
both sides of the road.
52 $19.0300 $ 989.56
MR/SW/013 South Congress Avenue Median SC-15 includes curb on
both sides of the road.
52 $19.0300 $ 989.56
MR/SW/014 South Congress Avenue Median SC-16 52 $19.0300 $ 989.56
MR/SW/015 South Congress Avenue Median SC-17 includes curb on
both sides of the road.
52 $19.0300 $ 989.56
MR/SW/016 South Congress Avenue Median SC-18 includes curb on
both sides of the road.
52 $19.0300 $ 989.56
MR/SW/017 South Congress Avenue Median SC-19 includes curb on
both sides of the road.
52 $19.0300 $ 989.56
MR/SW/024 SW 25th Place Medians SW25PL-1 thru SW25PL-3
(Golfview Harbor off of South Congress Avenue)
52 $19.0300 $ 989.56
MR/SW/025 SW 27th Avenue Medians SW27AV-1 thru SW27AV-3
(Golfview Harbor off of South Congress Avenue)
52 $19.0300 $ 989.56
MR/SW/026 SW 30th Avenue Medians SW30AV-1 thru SW30AV-5 (East
of South Congress Ave.)
52 $19.0300 $ 989.56
MR/SW/027 Circular Median on SW 14th Place near 3251 SW 14th
Place
52 $19.0300 $ 989.56
MR/SW/029 ROW on North side of Palmland Drive; see map.52 $19.0300 $ 989.56
Subtotal:$ 20,780.76
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 988 of 1203
WOOLBRIGHT ROAD MEDIANS (WR-1 thru WR-10)
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/SW/021 Woolbright Road Median WR-1 thru WR-3 from SW 3rd
Street to SW 8th Street with ROWs including guardrail on
both sides of the road; see map.
52 $133.2600 $ 6,929.52
*
MR/SW/022 Woolbright Road Median WR-4 thru WR-8 with ROWs on
both sides of the road includes curb.
52 $133.2600 $ 6,929.52 *
MR/SW/023 Woolbright Road Median WR-9 A & B including WR-10 with
ROWs on both sides of the road includes curb.
52 $133.2600 $ 6,929.52 *
Subtotal:$ 20,788.56
QUAIL RUN MEDIANS
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/SW/024 SW 26th North Median and South Median Only 12 $1,732.4000 $ 20,788.80 *
Subtotal:$ 20,788.80
SW 8TH STREET MEDIANS (BY HOME DEPOT)
SITE IDENTIFICATION FOR
BIDS LOCATION SERVICES PER
YEAR
BASIC
MAINTENANCE PER
SERVICE *
TOTAL ANNUAL
COST
MR/SW/025 Sw 8th Street Medians Only (no ROW's) Medians SW8ST-1
thru SW8ST-4 (From Woolbright to Entrance to the Newlake
Drive) (Entrance to the Cove)
26 $799.5700 $ 20,788.82
*
Subtotal:$ 20,788.82
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 989 of 1203
MULCHING - GATEWAY BOULEVARD MEDIANS & ROWs (GWB-1 thru GWB-24)
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/NF/001 North Federal Highway Median NF-1 (North City Limits) to
back of sidewalk.
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/002 North Federal Highway Median NF-2 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/003 North Federal Highway Median NF-3 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/004 North Federal Highway Median NF-4 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/005 West R.O.W. for NF-1 thru NF-4 (Between Railroad R.O.W.
and the curb.)
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/006 North Federal Highway Median NF-5 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/007 North Federal Highway Median NF-6 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/008 North Federal Highway Median NF-7 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/009 North Federal Highway Median NF-8 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/010 North Federal Highway Median NF-9 to back of sidewalk.1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/011 West R.O.W. for NF-5 thru NF-9 (Between Railroad R.O.W.
and the curb.)
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NF/012 North Federal Highway Median NF-10 & NF-11 to back of
sidewalk.
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/013 West R.O.W. for NF-10 & NF-11 (Between Railroad R.O.W.
and the curb.)
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/014 North Federal Highway Median NF-12 & NF-13 with ROWs
on both sides of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/015 North Federal Highway Median NF-14 with ROWs on both
sides of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/016 North Federal Highway Median NF-15 with ROWs on both
sides of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/017 North Federal Highway Median NF-16 with ROWs on both
sides of the road to the back of sidewalk.
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/018 North Federal Highway Median NF-17 with ROWs on both
sides of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/019 North Federal Highway Median NF-18 & NF-19 with ROWs
on both sides of the road to the back of sidewalk.
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/020 North Federal Highway Median NF-20 with ROWs on both
sides of the road to the back of sidewalk. Includes Shrub
Beds in Front of Casa Costa Condominiums
1 $77.5800 $47.8900 $47.8900 $ 173.36
*
MR/NE/021 North Federal Highway Median NF-21 with ROWs on both
sides of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/022 Yachtmans Cove ROWs along curve on NE 15th Place 1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/023 Oak Street Right of Way (Mow and prune hedge south side
and top)
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MULCHING -GATEWAY BOULEVARD MEDIANS & ROWs (GWB-1 thru GWB-24)
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/NW/001 High Ridge Road Medians & ROWs to the back of the curb
HRG-01 thru HRG-04
1 $254.9200 $157.3700 $157.3700 $ 569.66 *
MR/NE/002 Gateway Blvd. Median GWB-1 thru GWB-7 with ROWs on
both sides of the road to the back of sidewalk
1 $254.9200 $157.3700 $157.3700 $ 569.66 *
MR/NE/003 Gateway Blvd. Median GWB-8 thru GWB-11 including
guardrail on both sides of the road.
1 $254.9200 $157.3700 $157.3700 $ 569.66 *
MR/NE/004 Gateway Blvd. Median GWB-12 thru GWB-19 to the outer
curb edge of Gateway.
1 $254.2000 $157.3700 $157.3700 $ 568.94 *
MR/NE/005 Gateway Blvd. Median GWB-20 & GWB-21 with ROWs on
both sides of the road to the back of sidewalk
1 $254.2000 $157.3700 $157.3700 $ 568.94 *
MR/NE/006 Gateway Blvd. Median GWB-22 thru GWB-24.1 $254.2000 $157.3700 $157.3700 $ 568.94 *
MR/NE/007 R.O.W. along the south side of NE 21st Avenue from NE
4th Street to the Railroad property.
1 $254.9200 $157.3700 $157.3700 $ 569.66 *
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 990 of 1203
MULCHING - NBOYNTON BEACH BOULEVARD MEDIANS (BB-1 thru BB-20)
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/NW/001 American Legion Median 1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NW/002 Venetian Isles Medians (2 areas at the ends of Venice Dr &
Isles Ct)
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NW/003 R.O.W. on West Industrial Avenue/West Side. (Work needs
to be completed during non-business hours, Saturday)
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NW/004 Winchester Park Blvd Paved Median WPB1 thru WPB3 1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NW/005 ROW on SE corner of NW 7th Court & NW 4th Avenue
along residence @ 814 NW 4th Avenue
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/006 Boynton Beach Blvd Median BB-1 thru BB-3 with ROWs on
both sides of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/007 Boynton Beach Blvd Median BB-4 with ROW on the north
side of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/008 Boynton Beach Blvd Median BB-5 thru BB-8 with ROWs on
both sides of the road to the back of sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/009 Boynton Beach Blvd Median
BB-9 thru BB-11
with ROWs on both sides of the road to the back of
sidewalk
1 $77.5800 $47.8900 $47.8900 $ 173.36
*
MR/NE/010 Boynton Beach Blvd Median
BB-12 thru BB-18
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/011 Boynton Beach Blvd Median BB-19 & BB-20 1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/NE/012 Railroad Avenue east ROW from Road Edge & Guard Rail
back 15 feet (C16 Canal south to Boynton Beach Blvd.)
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
MR/SW/013 Hibiscus Median at the intersection of SW 2nd Ave., West
Ocean Ave., & SW 7th Street
1 $77.5800 $47.8900 $47.8900 $ 173.36 *
$77.5800 $47.8900 $47.8900 *
$77.5800 $47.8900 $47.8900 *
$77.5800 $47.8900 $47.8900 *
$77.5800 $47.8900 $47.8900 *
$77.5800 $47.8900 $47.8900 *
$77.5800 $47.8900 $47.8900 *
$77.5800 $47.8900 $47.8900 *
$77.5800 $47.8900 $47.8900 *
$77.5800 $47.8900 $47.8900 *
$77.5800 $47.8900 $47.8900 *
MULCHING - EAST OCEAN AVENUE ROWs & MEDIANS (OA-2 thru OA-7)
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/NE/0 Martin Luther King Jr Blvd. (NE 10th Avenue) ROWs on the
both sides of the road from Federal Highway to NW 1st
Street to the back of sidewalk. (Extra trash) Includes Sign
for Poinciana Gardens
1 $446.1100 $275.4100 $275.4100 $ 996.93
*
MR/NE/034 East Ocean Ave. ROWs OA-2 thru OA-5 from 1st Street to
Federal Highway on both sides of the road to the back of
sidewalk or greater (hedges between pedestals) with the
exception of the south ROW in the 500 Block; see map.
1 $446.1100 $275.4100 $275.4100 $ 996.93
*
MR/NE/035 East Ocean Ave. R.O.W. & Medians OA-6 on both sides of
the road to the back of sidewalk from Federal Highway to
6th Street.
1 $446.1100 $275.4100 $275.4100 $ 996.93
*
MR/NE/036 * East Ocean Ave. ROWs OA-7 on both sides of the
road/bridge to beyond the back of sidewalk from 6th Street
to waters edge under the bridge; see map.
1 $446.1100 $275.4100 $275.4100 $ 996.93
*
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 991 of 1203
MULCHING - SEACREST MEDIANS & ROW'S
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/NW/006 Seacrest Court Median off of North Seacrest Blvd.1 $118.9600 $73.4400 $73.4400 $ 265.84 *
MR/NW/009 NW 17th Ave. Medians (NW17-1 thru NW17-6) including
ROW on the north side of the road.
1 $118.9600 $73.4400 $73.4400 $ 265.84 *
MR/NW/034 ROW along I95 Corridor between Arthur Court & South
Atlantic Drive West
1 $118.9600 $73.4400 $73.4400 $ 265.84 *
MR/NE/037 Ocean Parkway Medians
OP-1 thru OP-7
1 $118.9600 $73.4400 $73.4400 $ 265.84 *
MR/NE/038 Rolling Green School Parking Lot & ROWs on NE 26th
Avenue near NE 3rd Court
1 $118.9600 $73.4400 $73.4400 $ 265.84 *
MR/NE/039 ROWs on North side of NE 26th Ave between NE 3rd
Street & NE 4th Street
1 $118.9600 $73.4400 $73.4400 $ 265.84 *
MR/NE/041 North Seacrest Blvd Medians NS-1 thru NS-3 to the back of
sidewalk (MLK Blvd. to C-16 Canal) to include the Artwork
Areas on NE & NW Corners.
1 $118.9600 $73.4400 $73.4400 $ 265.84
*
MR/NE/042 North Seacrest Blvd Median NS-4 to the back of sidewalk
(MLK Blvd. to NW 8th Ave.) to include the Artwork Area on
the SE Corner of MLK & Seacrest.
1 $118.9600 $73.4400 $73.4400 $ 265.84
*
MR/NE/043 North Seacrest Blvd Median NS-5 to the back of sidewalk
(NW 6th Ave. to NW 8th Ave.) including the West ROW at
NW 8th Avenue south to NE 7th Avenue -- Sabal Palms &
Grasses
1 $118.9600 $73.4400 $73.4400 $ 265.84
*
MR/NE/044 North Seacrest Blvd Median NS-6 to the back of sidewalk
(NW 6th Ave. to NW 4th Ave.) to include large Landscape
Area between NW 6th Avenue & NW 5th Court with the
exception of the fenced vegetable garden.
1 $118.9600 $73.4400 $73.4400 $ 265.84
*
MR/NE/045 North Seacreast Blvd. R.O.W.s from Boynton Beach Blvd. to
NW 4th Ave. on East & West sides.
1 $118.9600 $73.4400 $73.4400 $ 265.84 *
MR/SW/001 Chapel Hill Blvd. Entrance/Medians
CHB-1 thru CHB-6
1 $118.9600 $73.4400 $73.4400 $ 265.84 *
MR/SW/019 R.O.W. Along I95 wall/SW 4th Street from SW 4th Avenue to
SW 10th Avenue
1 $118.9600 $73.4400 $73.4400 $ 265.84 *
MR/SW/020 Ridgewood Estates Median and ROWs along south side of
SW 23rd Avenue/Golf Road south to SW 23rd Terrace (extra
wide area); see map.
1 $118.9600 $73.4400 $73.4400 $ 265.84
*
MR/SW/028 R.O.W. North Side of SW 23rd Avenue/Golf Road at SW
3rd Street
1 $118.9600 $73.4400 $73.4400 $ 265.84 *
MULCHING - CIRCLE ISLANDS (CI-2 thru CI-9)
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/NW/002 Circle Island Median CI-2 & CI-3 at intersection of NW 1st
Street and NW 3rd Ave & Court
1 $297.4000 $183.6000 $183.6000 $ 664.60 *
MR/NW/003 Circle Island Median CI-4, CI-5, & CI-6 at intersection of NW
1st Street and NW 5th Ave & Court
1 $297.4000 $183.6000 $183.6000 $ 664.60 *
MR/NW/004 Circle Island Median CI-7 & CI-8 at the intersection of NW
1st Street and NW 7th Ave & Court
1 $297.4000 $183.6000 $183.6000 $ 664.60 *
MR/NW/005 Circle Island Median CI-9 at the intersection of NW 1st
Street and NW 9th Court
1 $297.4000 $183.6000 $183.6000 $ 664.60 *
MR/NW/007 NW 12th Ave. Medians NW12-1 & NW12-2 1 $297.4000 $183.6000 $183.6000 $ 664.60 *
MR/NW/008 NW 13th Ave. Medians (NW13-1 & NW13-2)1 $297.4000 $183.6000 $183.6000 $ 664.60 *
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 992 of 1203
MULCHING - NORTH CONGRESS AVENUE MEDIANS (NC-1 thru NC-23) to the Outer Curb Edge
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/NW/010 North Congress Avenue Median NC-1 thru NC-3 includes
curb on both sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MR/NW/011 North Congress Avenue Median NC-4 includes curb on both
sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MR/NW/012 North Congress Avenue Median NC-5 includes curb on both
sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MR/NW/013 North Congress Avenue Median NC-6 includes curb on both
sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MR/NW/014 North Congress Avenue Median NC-7 includes curb on both
sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MR/NW/015 North Congress Avenue Median NC-8 includes curb on both
sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MR/NW/016 North Congress Avenue Median NC-9 & NC-10 includes
curb on both sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MR/NW/017 North Congress Avenue Median NC-11 includes curb on both
sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MR/NW/018 North Congress Avenue Median NC-12 includes curb on
both sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MR/NW/019 North Congress Avenue Median NC-13 includes curb on
both sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MR/NW/021 North Congress Avenue Median NC-14 includes curb on
both sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MR/NW/022 North Congress Avenue Median NC-15 & NC-16 includes
curb on both sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MR/NW/023 North Congress Avenue Median NC-17 thru NC-23 (all of
these are concrete) includes curb on both sides of the road.
1 $137.2600 $84.7400 $84.7400 $ 306.74 *
MULCHING - SANDALWOOD DRIVE MEDIANS
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/NW/023 Sandalwood Drive Medians Only
(Mowing, Trimming, Pick up Litter and Fronds)
1 $1,784.4500 $1,151.6400 $1,151.6400 $ 4,087.73 *
MULCHING -HYPOLUXO ROAD MEDIANS (HR-11 thru HR-16)
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/NW/024 Hypoluxo Road Median HR-11 & HR-12 (East of Congress
Ave.)
1 $594.8100 $367.2100 $367.2100 $ 1,329.23 *
MR/NW/025 Hypoluxo Road Median HR-13 & HR-14 (Concrete)1 $594.8100 $367.2100 $367.2100 $ 1,329.23 *
MR/NW/026 Hypoluxo Road Median HR-15 & HR-16 1 $594.8100 $367.2100 $376.2100 $ 1,338.23 *
MULCHING - KNUTH ROAD ROWs (KR-1 thru KR-4)
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/NW/027 Knuth Road ROWs KR-1 from Old Boynton Road to West
Boynton Beach Blvd.
1 $892.2200 $550.8200 $550.8200 $ 1,993.86 *
MR/NW/028 Knuth Road ROWs KR-2 thru KR-4 from W. Boynton Beach
Blvd. to Woolbright Road
1 $892.2200 $550.8200 $550.8200 $ 1,993.86 *
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 993 of 1203
MULCHING - QUANTUM DISTRICT
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/NW/029 Quantum District
Medians, Rights-of-ways, Common Areas and Drainage
Basins
(See Map for Areas)
1 $1,784.4500 $1,151.6400 $1,151.6400 $ 4,087.73
*
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 994 of 1203
MULCHING - SOUTH FEDERAL HIGHWAY MEDIANS (SF-1 thru SF-26) & ROW'S
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/SE/002 South Federal Highway Median SF-1 with ROWs on both
sides of the road to the back of sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/003 South Federal Highway Median SF-2 with ROWs on both
sides of the road to the back of sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/004 South Federal Highway Median SF-3 with ROWs on both
sides of the road to the back of sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/005 South Federal Highway Median SF-4 with ROWs on both
sides of the road to the back of sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/006 South Federal Highway Median SF-5 and the ROWs on both
sides of the road to the back of sidewalks.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/007 Entrance area off the East SF-5 ROW at Greenbriar Drive
& 7th Street; see map.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/008 South Federal Highway Median SF-6 & SF-7 and ROWs on
both sides of the road to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/009 South Federal Highway Median SF-8 and the East ROW to
the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/010 South Federal Highway Median SF-9 ant the East ROW to
the back of the sidewalk..
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/011 South Federal Highway Median SF-10 & SF-11 and ROWs
on both sides of the road to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/012 South Federal Highway Median SF-12 A & B and ROWs on
both sides of the road to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/013 South Federal Highway Median SF-13 & SF-14 and ROWs
on both sides of the road to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/014 South Federal Highway Median SF-15 and ROWs on both
sides of the road to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/015 South Federal Highway Median SF-16 and ROWs on both
sides of the road to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/016 South Federal Highway Median SF-17 A & B and ROWs on
both sides of the road to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/017 South Federal Highway Median SF-18 & SP-19 and ROWs
on both sides of the road to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/018 South Federal Highway Median SF-20 and ROWs on both
sides of the road to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/019 South Federal Highway Median SF-21 & SF-22 and ROWs
on both sides of the road to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/020 South Federal Highway Median SF-23 and ROWs on both
sides of the road to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/021 South Federal Highway Median SF-24 A & B and ROWs on
both sides of the road to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/022 South Federal Highway Median SF-25 & SF-26 and the
East ROW to the back of the sidewalk.
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/028 Gulfstream Blvd. Medians GSB-1 thru GSB-6 and ROWs to
the outer curb edge of Gulfstream Blvd on the North side
only.
1 $71.3800 $44.0600 $44.0600 $ 159.50
*
MR/SE/029 Riviera Drive Median - East End of Riviera Drive off of
Federal Highway
1 $71.3800 $44.0600 $44.0600 $ 159.50 *
MR/SE/030 West ROW on SE 2nd Street from SE 23rd Avenue/Golf
Road to SE 26th Avenue
1 $71.3800 $44.0600 $44.0600 $ 159.50
MR/SE/031 West side R.O.W. on Old Dixie Highway from North Sunset
Road to Gulfstream Blvd; see map.
1 $71.3800 $44.0600 $44.0600 $ 159.50
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 995 of 1203
MULCHING - SE 4th STREET MEDIANS & ROWs (SE-1 thru SE-9)
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/SE/023 SE 4th Street Median SE4-1 & SE4-2 with ROWs on both
side of the road to the back of sidewalk (SE 2nd Ave. to
SE 5th Ave.)
1 $356.8900 $230.3200 $230.3200 $ 817.53
*
MR/SE/024 SE 4th Street Median SE4-3 with ROWs on both sides of
the road to the back of sidewalk (SE 5th Ave. to SE 6th
Ave.)
1 $356.8900 $230.3200 $230.3200 $ 817.53
*
MR/SE/025 SE 4th Street Median SE4-4 thru SE4-6 and ROWs on
both sides of the road to the back of sidewalk (SE 6th Ave.
to SE 8th Ave.) East ROWs include landscaped areas; see
map.
1 $356.8900 $230.3200 $230.3200 $ 817.53
*
MR/SE/026 SE 4th Street Median SE4-7 & SE4-8 with ROWs on both
sides of the road to the back of sidewalk (SE 8th Ave. to
SE 10th Ave.)
1 $356.8900 $230.3200 $230.3200 $ 817.53
*
MR/SE/027 SE 4th Street Median SE4-9 with ROWs on both sides of
the road to the back of sidewalk; see map as no ROWs on
the south end (SE 10th Ave. to SE 12th Ave.)
1 $356.8900 $230.3200 $230.3200 $ 817.53
*
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 996 of 1203
MULCHING -South Congress Avenue Median SC-1 & SC-2 includes curb on both sides of the road.
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/SW/002 South Congress Avenue Median SC-1 & SC-2 includes curb
on both sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/003 South Congress Avenue Median SC-3 includes curb on both
sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/004 South Congress Avenue Median SC-4 includes curb on both
sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/005 South Congress Avenue Median SC-5 & SC-6 includes curb
on both sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/006 South Congress Avenue Median SC-7 includes curb on both
sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/007 South Congress Avenue Median SC-8 & SC-9 includes curb
on both sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/008 South Congress Avenue Median SC-10 includes curb on
both sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/009 South Congress Avenue Median SC-11 includes curb on
both sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/010 South Congress Avenue Median SC-12 includes curb on
both sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/011 South Congress Avenue Median SC-13 includes curb on
both sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/012 South Congress Avenue Median SC-14 includes curb on
both sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/013 South Congress Avenue Median SC-15 includes curb on
both sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/014 South Congress Avenue Median SC-16 1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/015 South Congress Avenue Median SC-17 includes curb on
both sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/016 South Congress Avenue Median SC-18 includes curb on
both sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/017 South Congress Avenue Median SC-19 includes curb on
both sides of the road.
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/024 SW 25th Place Medians SW25PL-1 thru SW25PL-3
(Golfview Harbor off of South Congress Avenue)
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/025 SW 27th Avenue Medians SW27AV-1 thru SW27AV-3
(Golfview Harbor off of South Congress Avenue)
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/026 SW 30th Avenue Medians SW30AV-1 thru SW30AV-5 (East
of South Congress Ave.)
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/027 Circular Median on SW 14th Place near 3251 SW 14th
Place
1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MR/SW/029 ROW on North side of Palmland Drive; see map.1 $84.9700 $54.8400 $54.8400 $ 194.65 *
MULCHING - WOOLBRIGHT ROAD MEDIANS (WR-1 thru WR-10)
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/SW/021 Woolbright Road Median WR-1 thru WR-3 from SW 3rd
Street to SW 8th Street with ROWs including guardrail on
both sides of the road; see map.
1 $594.8100 $367.2100 $367.2100 $ 1,329.23
*
MR/SW/022 Woolbright Road Median WR-4 thru WR-8 with ROWs on
both sides of the road includes curb.
1 $594.8100 $367.2100 $367.2100 $ 1,329.23 *
MR/SW/023 Woolbright Road Median WR-9 A & B including WR-10 with
ROWs on both sides of the road includes curb.
1 $594.8100 $367.2100 $367.2100 $ 1,329.23 *
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 997 of 1203
MULCHING - QUAIL RUN MEDIANS
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/SW/024 SW 26th North Median and South Median Only 1 $1,784.4500 $1,151.6400 $1,151.6400 $ 4,087.73 *
MULCHING - SW 8TH STREET MEDIANS (BY HOME DEPOT)
SITE
IDENTIFICATIO
N FOR BIDS
LOCATION
NO
OF
APPLI
CATI
ONS
MULCHING *
APPLICATION
OF GRANULAR
FERTILIZER *
APPLICATION
OF
PESTICIDES *
Total
MR/SW/025 Sw 8th Street Medians Only (no ROW's) Medians SW8ST-1
thru SW8ST-4 (From Woolbright to Entrance to the Newlake
Drive) (Entrance to the Cove)
1 $1,784.4500 $1,101.6400 $1,101.6400 $ 3,987.73
*
Additional Service Items
Line Item Additional Service Items Unit Price *
1 BASIC MAINTENANCE FOR ADDITIONAL AREAS - Labor with
all necessary Tools & Equipment (per hour/per crew)
$183.2000 *
2 PRUNING AND PLANT MAINTENANCE for Additional Areas -
Labor with all necessary Tools & Equipment (per hour/per crew)
$183.2000 *
3 MULCHING for Additional Areas - Labor with all necessary Tools
& Equipment (per hour/per crew)
$183.2000 *
4 MULCH - Cost Mark-up (%)$6.5000 *
5 Turf Fertilization (per 1/4 acre)$52.5000 *
6 Tree Fertilization (each)$25.0000 *
7 Palm Fertilization (each)$25.0000 *
8 Shrub Fertilization (per 50 linear feet)$25.0000 *
9 Turf Pesticide (per square foot)$0.2500 *
10 Shrub Pesticide (per 50 linear feet)$32.5000 *
11 Tree Pesticide (each)$25.0000 *
12 Palm Pesticide (each)$25.0000 *
13 Fire Ant Control (AMDRO)$150.0000 *
14 Turf Fertilization - Per hour per person / Material Cost Mark-up
(%)
$52.5000 *
15 Tree Fertilization - Per hour per person / Material Cost Mark-up
(%)
$52.5000 *
16 Palm Fertilization - Per hour per person / Material Cost Mark-up
(%)
$52.5000 *
17 Shrub Fertilization - Per hour per person / Material Cost Mark-
up (%)
$52.5000 *
18 Turf Pesticide - Per hour per person / Material Cost Mark-up (%)$52.5000 *
19 Shrub Pesticide - Per hour per person / Material Cost Mark-up
(%)
$52.5000 *
20 Tree Pesticide - Per hour per person / Material Cost Mark-up
(%)
$52.5000 *
21 Palm Pesticide - Per hour per person / Material Cost Mark-up
(%)
$52.5000 *
22 Fire Ant Control - Per hour per person / Material Cost Mark-up
(%)
$52.5000 *
23 CHEMICAL APPLICATION for Additional Areas (per hour/per
person)
$52.5000 *
24 CHEMICAL - Cost Mark-up (%)$25.0000 *
25 Bee Control or Removal (Specialized Equipment)$250.0000 *
26 Bee Control or Removal (Foreman per hour/per person)$250.0000 *
27 Bee Control or Removal (Technician per hour/per person)$250.0000 *
28 Bee Control or Removal Material Cost Mark-up (%)$250.0000 *
29 IRRIGATION REPAIRS (Foreman per hour/per person)$125.0000 *
30 IRRIGATION REPAIRS (Technician per hour/per person)$125.0000 *
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 998 of 1203
31 IRRIGATION REPAIRS - Material Cost Mark-up (%)$125.0000 *
32 PLANT/TREE/PALM INSTALLATION - Labor (per hour/per
person)
$54.0000 *
33 PLANT/TREE/PALM INSTALLATION - Equipment/Loader (per
hour)
$150.0000 *
34 PLANT/TREE/PALM INSTALLATION - Material Cost Mark-up (%)$225.0000 *
35 LOT MAINTENANCE - Lot under 1/4 acre with a dwelling for
Basic Maintenance (per service)
$235.0000 *
36 LOT MAINTENANCE - Lot under 1/4 acre without a dwelling for
Basic Maintenance (per service)
$185.0000 *
37 LOT MAINTENANCE - Lot from 1/4 to 1/2 acre with a dwelling
for Basic Maintenance (per service)
$275.0000 *
38 LOT MAINTENANCE - Lot from 1/4 to 1/2 acre without a
dwelling for Basic Maintenance (per service)
$225.0000 *
39 LOT MAINTENANCE - Lot from 1/2 to 3/4 acre with a dwelling
for Basic Maintenance (per service)
$375.0000 *
40 LOT MAINTENANCE - Lot from 1/2 to 3/4 acre without a
dwelling for Basic Maintenance (per service)
$325.0000 *
41 LOT MAINTENANCE - Lot from 3/4 to 1 acre with a dwelling
for Basic Maintenance (per service)
$450.0000 *
42 LOT MAINTENANCE - Lot from 3/4 to 1 acre without a dwelling
for Basic Maintenance (per service)
$400.0000 *
Summary Table
Bid Form Amount
NORTH FEDERAL HIGHWAY MEDIANS (NF-1 thru NF-21) & ROW'S $ 20,786.48
GATEWAY BOULEVARD MEDIANS & ROWs (GWB-1 thru GWB-24)$ 20,791.68
BOYNTON BEACH BOULEVARD MEDIANS (BB-1 thru BB-20)$ 20,787.00
EAST OCEAN AVENUE ROWs & MEDIANS (OA-2 thru OA-7)$ 20,787.52
SEACREST MEDIANS & ROW'S $ 20,788.20
CIRCLE ISLANDS (CI-2 thru CI-9)$ 20,788.56
NORTH CONGRESS AVENUE MEDIANS (NC-1 thru NC-23) to the Outer Curb Edge $ 20,787.00
SANDALWOOD DRIVE MEDIANS $ 20,788.82
HYPOLUXO ROAD MEDIANS (HR-11 thru HR-16)$ 20,788.56
KNUTH ROAD ROWs (KR-1 thru KR-4)$ 20,788.56
SOUTH FEDERAL HIGHWAY MEDIANS (SF-1 thru SF-26) & ROW'S $ 20,780.24
SE 4th STREET MEDIANS & ROWs (SE-1 thru SE-9)$ 20,788.30
SOUTH CONGRESS AVENUE MEDIANS (SC-1 thru SC-19)$ 20,780.76
WOOLBRIGHT ROAD MEDIANS (WR-1 thru WR-10)$ 20,788.56
QUAIL RUN MEDIANS $ 20,788.80
SW 8TH STREET MEDIANS (BY HOME DEPOT)$ 20,788.82
Subtotal Contract Amount:$ 332,597.86
Bid Questions
Number of Days for Delivery FOB Destination:14
Confirmation of Minority Owned Business
A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which
category best describes your company. Return this form to make it an official part of with your RFQ responses
Description Response *Comments
Is your company a Minority Owned business?No
Please select the appropriate response Hispanic
Do you possess a certification qualifying your business
as a Minority Owned business?
No
Issuing organization name Input response in comments box to the right Batallan Enterprises Inc
DBA Propertyworks *
Date of Issuance Input response in comments box to the right 2004 *
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 999 of 1203
Letter of interest
The Letter of Interest shall summarizes the Proposer’s primary qualifications and a firm commitment to provide the proposed services.
Line
Item Description Response *
1 The Letter of Interest shall summarizes the Proposer’s
primary qualifications and a firm commitment to
provide the proposed services.
Propertyworks is a full service facility Maintenance company . Propertyworks has 47 full
time landscape techs and 27 equipped trucks to service all the City’s locations on this
bid . Propertyworks also assigns an account manager to over see all work and will
check on a weekly basis to make sure the crews are performing to the City’s
standards . Propertyworks is licensed and insured .
Local Business Status Certification
I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of
the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2
below will qualify the business as a local business. In support of this request, I certify the following to be true and correct:
I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also
agree that the business is required to notify the City in writing should it cease to qualify as a local business.
By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of
Boynton Beach.
We will not be submitting for Local Business Status Certification
Is the business
located within
the City limits of
Boynton Beach,
Florida? *
Does the business have a
business tax receipt issued
in the current year? *
Is the business registered
with the Florida Division
of Corporations? *
Number of years in business *Business license number *
Yes
No
Yes
No
Yes
No
16 201008864
References - Past Performance
Bidders shall complete reference document submitted with their bid of at least three (3) letters of reference from customers attesting to satisfactory performance of awards
performed within the past two years, each reference must have been for contracted landscaping maintenance services on properties consisting of at least 1 acre, and includes
all of maintenance request items listed herein. This reference list shall be complete with contact person(s), telephone numbers, and email addresses. Please do not list the City
of Boynton as a reference.please do not list the City of Boynton as a reference.
NOTE: The information requested must include a current contact name, phone number and email address for each reference.
The City is interested in learning of other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as
a reference.
Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information.
Selection Committee Members or designee will email or call each reference up to three (3) times.
Name of Agency *Name of Project *Contact Name *Email Address *Telephone Number *
Town of Palm Beach Worth Ave and Medians John Lawrence Jlawrence@townofpalmbeach.com 561-838-5440
City of West Palm Beach Medians and Lots Chandler Brinkman Cbrinkman@wpb.org 561-248-9600
The Waterford Full Landscape Maintenance
Project
Eddie Gorvetzian Eddie.gorvetzian@lifespacecommuni
ties.com
561-627-3800
Town Of Jupiter Park Maintenance Eric Cooke Ericc@jupiter.fl.us 561-748-2739
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 1000 of 1203
Subcontractors
The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be
Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor
category in their list of Subcontractors.
Sub-Consultant(s)
If a vendor intends to sub-contract any portion of this bid for any reason, the name and address of the subcontracting firm must be submitted with the bid or prior to use for
approval. No sub-contracting will take place prior to bid-awarded vendor furnishing this information and receiving written approval from the COBB. Subcontractors will be
required to conform to the Jessica Lunsford Act as noted in the Instructions to Bidders document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed in the proper performance of an award or failed to deliver on-time contracts of a
similar nature, or who is not in the position to perform this award. The Contract Administrator reserves the right to inspect all facilities of any subcontractor in order to make
determination as to the foregoing. The subcontractor will be equally responsible for meeting all requirements specified in this Invitation to Bid. Vendors are encouraged to seek
minority and women business enterprises for participation in sub-contracting opportunities. The sub-contractor shall be equally responsible for meeting all requirements
specified in this Invitation to Bid.
By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their “OWN FORCES”.
Name *Address Scope of work license No Contract Amount Percentage (%) of Contract
Forevergreen Lawn
& Ornamental
PO Box 10651 Rivera
Beach Fl 33419
Fertilization / Pest Control N/a $27,000 5% *
Ferder Pro
Services Inc
4650 Sutton Rd S. West
Palm Beach Fl 33415
Trash pick up / debris
removal
P49000051623 32,000 6%
Pena Services Inc 2450 Wallis Rd West
Palm Beach Fl 33407
Mowing / Shrub
trimming / weed control
P56000061237 25,000 4%
Documents
Ensure your submission document(s) conforms to the following:
Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure
that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton
Beach.
If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains
more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to
the Marketing Plan category save the document as “Marketing Plan.”
If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected.
THESE DOCUMENTS MUST BE UPLOADED ONLINE WITH THE PROPOSAL IN ORDER FOR THE PROPOSAL TO BE CONSIDERED
COMPLETE AND ACCEPTABLE.
PROPOSER'S QUALIFICATION STATEMENT - Bidder’s Qualification Statement.pdf - Tuesday October 27, 2020 11:13:28
ANTI-KICKBACK AFFIDAVIT - Anti-Kickback Affidavit 2.pdf - Tuesday October 27, 2020 11:15:50
NON COLLUSION AFFIDAVIT OF PROPOSER - Non Collusion Affidavit of Bidder 3.pdf - Tuesday October 27, 2020 11:18:37
MINORITY OWNED BUSINESS CERTIFICATION - 2018_SBA_SBE_Palm_Beach_County.PDF - Tuesday October 27, 2020 11:18:57
CERTIFICATION PURSUANT TO FLORIDA STATUTE 287.135 - Certificate Pursuant to Florida 2.pdf - Tuesday October 27, 2020 11:20:14
Florida Professional License, including evidence of possession of required licenses or business permits - Business License .pdf - Tuesday
October 27, 2020 11:20:35
Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form - Batallan_-_COI_8_21_2020.pdf -
Tuesday October 27, 2020 11:20:58
Supplemental Information - Bonding and Drug free workplace certificate .pdf - Tuesday October 27, 2020 11:21:58
Additional Information to be Provided (Delivery, Discount on Accessories, & Option for 5-Year Maintenance Agreement) - Equipment List.pdf -
Tuesday October 27, 2020 11:22:32
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 1001 of 1203
Addenda & Acknowledgements
The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the
negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the
Consultant and its sub-consultants and lower tier sub-consultants.
The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its
subconsultants or lower tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a
material breach of this contract justifying its termination.
Confirmation of Drug Free Workplace
Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price,
quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the
award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program.
In order to have a drug-free workplace program, a business shall:
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in
subsection (1).
In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are
under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo
contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than 5 days after such conviction.
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the
employee’s community by, any employee who is so convicted.
Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Jason Batallan , President, Batallan Enterprises Inc
DBA Propertyworks Inc
The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest?
Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document
Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum 1 for ITB NO. 033-2730-20RW Medians & Right-of-Ways.doc
Thu October 22 2020 05:02 PM --
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 1002 of 1203
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 1003 of 1203
Bid Number: ITB 033-2730-20-RW Vendor Name: Batallan Enterprises Inc.Page 1004 of 1203
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 20-014
TO: Kristeena Pinto, Purchasing Manager
Financial Services Department
FROM: Gary Dunmyer, City Engineer
Public Works Department/Engineering Division
DATE: November 19, 2020, revised December 4, 2020
SUBJECT: ITB 031-2730-20/RW - Parks
ITB 032-2730-20/RW - Facilities
ITB 033-2730-20/RW - Medians & Right of Ways
ITB 034-2730-20/RW - Lots & Alleys
RECOMMENDATION OF AWARD
Bids were received and publicly opened for the above noted projects on Bid and Tender. All
submitted bids were reviewed by staff; I offer the following recommendations of Award:
• ITB 031-2730-20/RW - Parks – Cayco – Award Basic Maintenance for parks and future
park sites - (Not award Kapok, Joseph Crowder, & Town Square Parks & not award
Mulch Option) for $122,661.00
• ITB 032-2730-20/RW - Facilities – Cayco – Basic Maintenance Only for $143,944.00
• ITB 033-2730-20/RW - Medians & Right of Ways – Property Works – Both Basic
Maintenance & Mulch for $403,147.92
• ITB 034-2730-20/RW - Lots & Alleys – LV Superior – Basic Maintenance Only for
$56,160
Please present this recommendation to the City Commission for their approval.
S:\Engineering\ Memorandums\Memos 2020\20-014 Recommendation Landscaping Bid.docx
Page 1005 of 1203
Page 1006 of 1203
Page 1007 of 1203
Page 1008 of 1203
Page 1009 of 1203
Page 1010 of 1203
Page 1011 of 1203
Page 1012 of 1203
Page 1013 of 1203
Page 1014 of 1203
Page 1015 of 1203
Page 1016 of 1203
Page 1017 of 1203
Page 1018 of 1203
Page 1019 of 1203
Page 1020 of 1203
Page 1021 of 1203
Page 1022 of 1203
Page 1023 of 1203
Page 1024 of 1203
Page 1025 of 1203
Page 1026 of 1203
Page 1027 of 1203
Page 1028 of 1203
Page 1029 of 1203
Page 1030 of 1203
Page 1031 of 1203
Page 1032 of 1203
Page 1033 of 1203
Page 1034 of 1203
Page 1035 of 1203
Page 1036 of 1203
Page 1037 of 1203
Page 1038 of 1203
Page 1039 of 1203
Page 1040 of 1203
Page 1041 of 1203
Page 1042 of 1203
Page 1043 of 1203
Page 1044 of 1203
Page 1045 of 1203
Page 1046 of 1203
Page 1047 of 1203
Page 1048 of 1203
Page 1049 of 1203
Page 1050 of 1203
Page 1051 of 1203
Page 1052 of 1203
Page 1053 of 1203
Page 1054 of 1203
Page 1055 of 1203
Page 1056 of 1203
Page 1057 of 1203
Page 1058 of 1203
Page 1059 of 1203
Page 1060 of 1203
Page 1061 of 1203
Page 1062 of 1203
Page 1063 of 1203
Page 1064 of 1203
Page 1065 of 1203
Page 1066 of 1203
Page 1067 of 1203
Page 1068 of 1203
Page 1069 of 1203
Page 1070 of 1203
Page 1071 of 1203
Page 1072 of 1203
Page 1073 of 1203
Page 1074 of 1203
Page 1075 of 1203
Page 1076 of 1203
Page 1077 of 1203
Page 1078 of 1203
Page 1079 of 1203
Page 1080 of 1203
Page 1081 of 1203
Page 1082 of 1203
Page 1083 of 1203
Page 1084 of 1203
Page 1085 of 1203
Page 1086 of 1203
Page 1087 of 1203
Page 1088 of 1203
Page 1089 of 1203
Page 1090 of 1203
Page 1091 of 1203
Page 1092 of 1203
Page 1093 of 1203
Page 1094 of 1203
Page 1095 of 1203
Page 1096 of 1203
Page 1097 of 1203
Page 1098 of 1203
Page 1099 of 1203
Page 1100 of 1203
Page 1101 of 1203
Page 1102 of 1203
Page 1103 of 1203
Page 1104 of 1203
Page 1105 of 1203
Page 1106 of 1203
Page 1107 of 1203
Page 1108 of 1203
Page 1109 of 1203
Page 1110 of 1203
Page 1111 of 1203
Page 1112 of 1203
7.D.
C ONS E NT B I D S A ND P URC HA S E S OV E R $100,000
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission:
Proposed Resolution No. R20-146 - Approve and authorize the Mayor to sign an extension of a consultant
agreement with Florida Caribbean Architecture, I nc. (FC A) in the amount of $101,250 for project
management and professional architectural services for the new Public W orks Facility to be located at the
City's Rolling Green complex at 515 NW 14th Court, and the renovation and improvements to the existing
building and site for the new Utility Water Quality Laboratory project to be located at the former Fire
Rescue Station # 2 site at 2201 S. Congress Ave., Boynton Beach, Florida.
Explanation of Request:
On May 1st, 2018 the City Commission approved, by Resolution R18-068, a Consultant Agreement with F C A
to provide project management services/owner ’s representative services for the Town Square project which
included: Fire Station #1, Police Department Headquarters, City Hall/Library, Cultural Center, District Energy
Plant, Kapok Park, amphitheater, and related site improvements. F C A, Anderson Slocombe, is a Boynton
Beach Business and has worked with the City in the past on several construction projects.
Staff is requesting to extend this agreement to include two (2) current projects, the New Public W orks Facility
and the Utilities Water Quality Laboratory. Based on the consultant’s direct knowledge of City operations and
previous experience in managing and working on utilities and public works projects, it is in the City’s best
interest to continue our contractual arrangement with F C A. By utilizing FC A consulting services it will help
streamline the project's implementation process, expediting delivery and provide a much need augmenting of
staff to complete these fast pace projects.
Both, the Public Works facility, located at 222 NE 9th Avenue and the current water quality laboratory, located
at the W est Water Treatment Plant are deteriorating, obsolete and reaching the end of their useful life.
The professional services to be provided by FC A include project management, architectural, engineering,
pre-construction services, permitting and bidding assistance, and construction phase services for the
proposed new Public Works facility and Utility Water Quality Laboratory project are needed to support
completion of the construction and certification of both projects.
The consultant will develop Phase I plans for each project which include 30% design plans and a cost
estimate. The Water Quality Laboratory is full funded in the current Utility C I P. The new Public Works
facility at Rolling Green included in the City's C I P and is funded for design this year. Additional review and
approvals by the City Commission for the projects will be required to move to construction.
The proposed Public W orks facility would be located on City owned land with a separate entrance that does
not use the local neighborhood roadway system. Emergency access to the local neighborhood would be
included. Once a full concept plan is developed along with a 30% cost estimate, additional discussion with the
Commission will be required to move the project to final design and construction. The existing site is
proposed to be offered for private development of a mixed-use residential development in the HOB. Proceeds
from the land may be used to offset some of the costs for the new facility. Additional information will be
developed and discussed once staff receives the 30% plans and cost estimates.
High level concept site plans are included in the agenda item for informational purposes.
Page 1113 of 1203
How will this affect city programs or services?
Approval of this agreement will provide the necessary professional services for the construction of new
modern buildings at the Public W orks facility at the Rolling Green site, just west of I -95 and north of the
Boynton Canal and the Utility Water Quality Laboratory to be located at the former Fire Rescue Station # 2
site at 2201 S. Congress Ave., Boynton Beach, just south of Woolbright Rd.
Fiscal Impact: Budgeted
Funding is available in the following accounts:
303-4116-580.62-03-GG1842 $17,600, for Public Works facility
403-5000-533.65-02-W T1605 $83,650 for Utility Water Quality Laboratory
Alternatives:
Do not approve the agreement.
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant? No
Grant Amount:
Contracts
Vendor Name: Florida Caribbean Architecture, I nc
Start Date:
End Date:
Contract Value:
Minority Owned Contractor?:
Extension Available?:
Extension Explanation:
Page 1114 of 1203
AT TAC H ME N TS:
Type Description
Resolution Resolution extending Consultant Agreement with
Florida Caribbean Architecture, I nc.
Quotes Public W orks Facility - Quote
Quotes Utilities W ater Quality Lab - Quote
Contract Resolution R18-068
Drawings Water Quality Laboratory Concept Plan
Drawings Public W orks Facility Concept Plan
Page 1115 of 1203
S:\CA\RESO\Agreements\Extending Florida Caribbean Architecture Consultant Agreement - Reso.docx
RESOLUTION NO. R20- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4
SIGN AN EXTENSION OF A CONSULTANT AGREEMENT 5
WITH FLORIDA CARIBBEAN ARCHITECTURE, INC (FCA) IN 6
THE AMOUNT OF $101,250 FOR PROJECT MANAGEMENT 7
AND PROFESSIONAL ARCHITECTURAL SERVICES FOR THE 8
NEW PUBLIC WORKS FACILITY AND THE RENOVATION 9
AND IMPROVEMENTS TO THE EXISTING BUILDING AND 10
SITE FOR THE NEW UTILITY WATER QUALITY 11
LABORATORY; AND PROVIDING AN EFFECTIVE DATE. 12
13
14
WHEREAS, On May 1st, 2018 the City Commission approved, by Resolution R18-15
068, a Consultant Agreement with FCA to provide project management services/owner’s 16
representative services for the Town Square project which included: Fire Station #1, Police 17
Department Headquarters, City Hall/Library, Cultural Center, District Energy Plant, Kapok 18
Park, amphitheater, and related site improvements; and 19
WHEREAS, Staff is requesting to extend this agreement to include two (2) current 20
projects, the New Public Works Facility and the Utilities Water Quality Laboratory, and 21
believes that based on the consultant’s direct knowledge of City operations and previous 22
experience in managing and working on utilities and public works projects, it is in the City’s 23
best interest to continue our contractual arrangement with FCA; and 24
WHEREAS, staff is recommending approval of this extension of the Agreement 25
based on the Quotes attached hereto as Exhibit “A” and “B” which will provide the necessary 26
professional services for the construction of new modern buildings at the Public Works 27
facility at the Rolling Green site, just west of I-95 and north of the Boynton Canal and the 28
Utility Water Quality Laboratory to be located at the former Fire Rescue Station # 2 site at 29
2201 S. Congress Ave., Boynton Beach, just south of Woolbright Road. 30
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31
Page 1116 of 1203
S:\CA\RESO\Agreements\Extending Florida Caribbean Architecture Consultant Agreement - Reso.docx
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 33
as being true and correct and are hereby made a specific part of this Resolution upon adoption 34
hereof. 35
Section 2. The City Commission of the City of Boynton Beach, Florida does 36
hereby approve and authorize the Mayor to sign the quotes attached hereto as Exhibits “A” 37
& “B” extending the original Agreement which will provide the necessary professional 38
services for the construction of new modern buildings at the Public Works facility at the 39
Rolling Green site, just west of I-95 and north of the Boynton Canal and the Utility Water 40
Quality Laboratory to be located at the former Fire Rescue Station # 2 site at 2201 S. 41
Congress Ave., Boynton Beach, just south of Woolbright Road. 42
Section 3. This Resolution shall become effective immediately upon passage. 43
PASSED AND ADOPTED this _____ day of December, 2020. 44
CITY OF BOYNTON BEACH, FLORIDA 45
46
YES NO 47
Mayor – Steven B. Grant _____ _____ 48
49
Vice Mayor – Ty Penserga _____ _____ 50
51
Vice Mayor – Justin Katz _____ _____ 52
53
Commissioner – Woodrow L. Hay _____ _____ 54
55
Commissioner – Christina L. Romelus _____ _____ 56
57
ATTEST: VOTE ______ 58
59
_____________________________ 60
Crystal Gibson, MMC 61
City Clerk 62
63
64
(Corporate Seal) 65
Page 1117 of 1203
City of Boynton Beach – Owner’s Representative/
Page 1 of 3
Florida Caribbean Architecture Inc.
7 Erwood Place
Boynton Beach, Florida, 33426
Tel: 561 308 6694 (C)
561 287 5420 (O)
anderson@fcarchitecture.com
www.FCArchitecture.com
December 1, 2020
Mr. Andrew Mack, Director of Public Works
City of Boynton Beach Development
100 E. Ocean Avenue
P.O. Box 310
Boynton Beach, FL 33435-0310
Re: City of Boynton Beach – New Public Works Facility - Owner’s Representative
Dear Mr. Mack:
Florida Caribbean Architecture Inc. (CONSULTANT) appreciates the opportunity and is pleased to provide our
proposal for Owner’s representative/ Project Management services for the City of Boynton Beach on a “continuing
services / as needed” basis. It is our understanding that the City intends to develop a new Public Works Facility, located
at the existing Rolling Green site, 515 NW 14th Ct. Boynton Beach, Fl.
Project Description/ Intent:
The intent of the scope of work is for FCA to be the Owner’s (City of Boynton Beach) Representative/ Project Manager
and act as an extension of the Owner’s staff managing the day to day operations of any given project during the design
and construction phases. FCA will act as a liaison between the design team and the City to ensure that the City/
Owner’s best interest are at the heart of every decision made.
Scope of Services:
It is Florida Caribbean Architecture, Inc. understanding that the scope of work is based on the development of the new
public works facility is currently limited to the development of the programing/ conceptual design and schematic design
phases at this time.
The Owner maintains ALL decision making authority and all contractual relationships flow back to the Owner. As an
extension of the Owner’s staff, the Owner’s Representative/ Project Manager interfaces with all project team members,
tracking issues and facilitating and expediting solutions. The Owner’s Representative/ Project Manager will be
responsible for maintaining clear and concise communication, keeping accurate records and thorough documentation
throughout all phases of the project.
FCA will be responsible for monitoring the following:
1.Project coordination
2.Programming and Conceptual Design
3.Schematic Design (30%) Documents
4.The overall project budget/ costs
Florida Caribbean Architecture, Inc. (CONSULTANT) will provide Owner’s Representative/ Project Management
services noted above. Services include monitoring the following:
A.Project Coordination with design team and City /Stakeholders.
B.Review and development of project space programing requirements (site/ building)
C.Review and development of conceptual site and building plans
D.Review and development of schematic design documents
-Preliminary Site/ civil plans
-Preliminary floor & roof plans
-Preliminary building sections and elevations.
-Comprehensive project budget / costs.
-Provide advice regarding potential project pitfalls and suggesting solutions
Page 1118 of 1203
City of Boynton Beach – Owner’s Representative/
Page 2 of 3
Schedule:
Florida Caribbean Architecture, Inc. shall commence services immediately upon authorization and receipt of “Notice to
Proceed” but is subject to adjustments for delays which are beyond the control of FCA.
Assumptions:
1. Owner to provide copies of all pertinent information, i.e. design criteria, schedule, scope of work, team chart,
etc.
2. Access to site for field inspection by the architect and sub-consultants shall be made available.
3. Any assessment or removal of hazardous or toxic materials shall be handled by others.
4. Any delays in schedule which are outside the control of Florida Caribbean Architecture, Inc. (including
reviews and approvals) may constitute a change in schedule and require an amendment to the schedule herein,
and may constitute additional services/ compensation.
5. Florida Caribbean Architecture, Inc.’s and its sub-consultants liability for damages will, in the aggregate, not
exceed the amount of the fee. This provision takes precedence over any conflicting provision of this or any
document incorporated into it or referenced by it. In no event shall Florida Caribbean Architecture, Inc., its
officers or any of its sub-consultants be liable for any incidental, indirect, special, punitive, economic or
consequential damages, including but not limited to loss of revenue or profits, suffered or incurred by the
Owner(s) as a result of this agreement or Florida Caribbean Architecture, Inc.’s performance or non-
performance of services pursuant to this agreement.
6. The standard of care applicable to Florida Caribbean Architecture, Inc.’s services will be the degree of skill
and diligence normally employed by professional architects or consultants performing the same or similar
services at the time Florida Caribbean Architecture, Inc.’s services are performed. Florida Caribbean
Architecture, Inc. will perform any services not meeting this standard without additional compensation.
7. The presence or duties of Florida Caribbean Architecture, Inc.’s personnel at a construction site, whether as
onsite representatives or otherwise, do not make Florida Caribbean Architecture, Inc. or their personnel in any
way responsible for those duties that belong to the Client or its Construction Contractor, or other entities and
does not relieve the Construction Contractor or other entities from their obligations, duties and responsibilities,
including but not limited to all construction methods, means, techniques, sequences, and procedures necessary
for coordinating and completing all portions of the construction work. Florida Caribbean Architecture, Inc.’s
personnel have no authority to exercise any control over any Construction Contractor or any other entity in the
performance of the work or any health or safety precautions, and have no duty of inspecting, noting, observing,
correcting or reporting on health or safety deficiencies at the site, except as related to Florida Caribbean
Architecture, Inc.’s own personnel.
Compensation for Services: Hourly rate)
Compensation shall be as follows:
1. Compensation for the project services described above shall be based on an hourly basis scale unless otherwise
agreed to with the City and shall be paid at the Hourly rate as noted below for a not to exceed a maximum
total of 160 hours ( 4 weeks):
- Hourly $110/ Hr. ($110. x 160 = $17,600.00)
2. Owner has agreed to cover all expenses related to project equipment, supplies and postage where/ when
applicable.
Payment – In consideration for the services to be rendered by the Consultant hereunder, Owner agrees to pay Consultant
subject to the provisions of this agreement.
1. Consultant will submit monthly invoices to the Owner pursuant to the terms of this agreement. Owner shall
pay invoices within 15 days of receipt.
2. Owner will be charged interest at a rate of 1.5% per month or that permitted by law is lesser, on all past due
amounts starting 30 days after receipt of invoice.
3. In the event of a disputed billing, only the disputed portion shall be withheld from payment. Owner shall
exercise reasonableness in disputing any bill or portion thereof.
Page 1119 of 1203
City of Boynton Beach – Owner’s Representative/
Page 3 of 3
Termination:
Provided that the terminating party is not also in default hereunder, this Agreement may be terminated by any party
upon written notice that a material obligation, except for non-payment, has not been performed. The party to whom the
written notice is provided shall have thirty (30) days to correct the non-performance of the material obligation or the
contract shall be deemed terminated. In the event of a non-payment, written notice shall be delivered and the payment
identified in the notice shall be made within seven (7) days or the contract shall be deemed terminated. Proof of
correction or payment must also be submitted within the respective time periods referenced above.
Miscellaneous Provisions:
a. No Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual
relationship with or cause of action in favor of a third party against either the Owner or Consultant.
b. Delay and Additional Services: If and to the extent that the time initially established for the
Construction Phase of the project, as established by the construction contracts, is extraordinarily exceeded
or extended through no fault of the Consultant, compensation for services required for such extended
period of Administration of the Construction Contracts shall be computed in the manner set forth for
additional services.
c. Arbitration: Any controversy or claim arising out of or related to the contract, or the breach thereof, shall
first require mandatory mediation. In the event mediation is unsuccessful then it shall be settled by
arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration
Association and judgement upon the award rendered by the Arbitrator or Arbitrators may be entered in any
court having jurisdiction thereof.
d. Entire Agreement: This Agreement represents the entire agreement between Owner and Consultant and
supersedes all oral and prior negotiations.
We thank you for the opportunity to be of service to you on this project. Should you have any questions, please call
Mr. Anderson Slocombe, AIA at (561) 308 - 6694.
APPROVAL OF SCOPE AND FEES
Florida Caribbean Architecture, Inc.
CITY OF BOYNTON BEACH
__________________________
Steven B. Grant, Mayor Authorizing Signature
Attest/Authenticated:
___________________________ Anderson Slocombe, AIA, NCARB
Crystal Gibson, City Clerk Printed Name
Approved as to Form: Title: President
_______________________
Office of the City Attorney Date:_12/1/20
Page 1120 of 1203
Boynton Beach Utilities - Water Quality Lab.
Page 1 of 6
November 25, 2020
Mr. Joseph, Paterniti Jr. PE, Utility Director
City of Boynton Beach Utilities
City of Boynton Beach.
124 E. Woolbright Road
Boynton Beach, Florida 33435
Florida Caribbean Architecture Inc.
7 Erwood Place
Boynton Beach, Florida, 33426
Tel: 561 308 6694 (C)
561 287 5420 (O)
anderson@fcarchitecture.com
www.FCArchitecture.com
Re: City of Boynton Beach Utilities – New Water Quality Lab – Renovation of Old fire station #2
Dear Mr. Paterniti:
Florida Caribbean Architecture Inc. (CONSULTANT) appreciates the opportunity and is pleased to provide our
proposal for professional architectural/ engineering (minor structural, MEP) services for the renovation &
improvements to existing building and site to accommodate new Water Quality Lab, located at 2210 S. Congress Ave.,
Boynton Beach FL. The existing building is approximately 5,322 SF and located on a site that is approximately 21,062
SF (0.36 Acres).
Notes:
- Minor civil engineering and landscape/ irrigation services will be done “in-house” (with City staff) and will be
coordinated by FCA.
- Based on the size of the building and preliminary research, it’s assumed that fire sprinklers will not be
required.
- Fire alarm system will be addressed if determined to be required by code.
- Low Voltage design is not included in scope. However, low voltage requirements will be coordinated with the
Owner and devices, i.e. cameras, card readers, CCTV, etc. will be shown on plans for locations and installation
of conduit and boxes only.
Project Description/ Intent:
The intent of the project is to provide professional architectural / engineering (structural, MEP) services for
interior/exterior renovations and improvements of the existing building to accommodate the City’s new Water Quality
Lab and coordinate minor civil/ landscape/irrigation requirements with City staff for minor site improvements
Scope of Services:
Florida Caribbean Architecture, Inc. (CONSULTANT) and its sub-consultants will provide architectural and
engineering (Structural, MEP) and coordination with city staff for minor civil/ landscape services as necessary for the
proposed project noted above. Services include the following:
A. Preliminary Design: Site visit to get design team familiarized with existing site conditions and
project expectations. Update base plans as necessary and create new elevations.
B. Design Development: Based on approved preliminary design documents, further develop plans,
elevations, and sections and develop details, schedules and preliminary specifications for submittal.
C. Construction/ Permit Documents: Based on approved design development documents, provide final
drawings, details, schedules, notes and specifications as required for construction/ permit set of
construction documents.
D. Permitting Assistance: Provide signed and sealed copies of the permit documents to the CLIENT
for permit submittal to the City of Boynton Beach Building Department and respond to questions /
comments from the Building Department – including revisions to documents as may be required.
Page 1121 of 1203
Boynton Beach Utilities - Water Quality Lab.
Page 2 of 6
E. Bidding Assistance: Assist CLIENT with the development of bid packages and attend pre-bid
meeting/ conference with CLIENT and prospective bidders as necessary; conduct bid evaluations as
necessary.
F. Construction Phase Services: Provide basic construction phase services -Attend pre-construction
meeting; review shop drawings; answer RFI’s; review change orders; conduct site visits during
construction; conduct substantial/ final completion site inspection, provide punch lists and
conduct/coordinate project close-out.
Tasks:
Task A: Preliminary Design/ Review/ Coordination:
1. Conduct a “kick-off” meeting with design team and stakeholders, visit the proposed site and the existing
lab (West Water Treatment Plant) with the design team to familiarize the team members with the site
conditions and project expectations – includes photographic documentation.
2. Prior to “kick-off” meeting, review and analyze all existing documentation/ information provided by the
CLIENT.
- Preliminary building design plan layout of proposed Water Quality Lab.
- Lab equipment list and requirements
- Other miscellaneous documentation
3. Based on preliminary design floor plan, information provided by the CLIENT and results of meeting/ site
visit investigations, set up base CAD plans and files, create demo/ new site/ floor, ceiling plans, create
preliminary equipment schedule, conduct building code research/ analysis for wind load requirements,
occupancy/ construction type, etc. and develop life safety plans. Provide updated design plans and
elevations, addressing the scope and extent of work to be completed for CLIENT’s review
Structural scope includes:
- Provide structural design wind load criteria.
Mechanical/ Plumbing:
- Site visit, review of existing information and evaluation of mechanical/ plumbing systems.
Electrical:
- Site visit, review of information and evaluation of electrical system and new generator
requirements.
4. Provide a preliminary statement of probable construction costs.
5. One review/ coordination meeting will be held with the CLIENT to review, revise and finalize the
preliminary design layout.
Labor / Expenses: $ 7,950.
Includes coordination with design team, CLIENT
Deliverable: Two (2) hard copies and pdf’s of preliminary design documents (Plans).
Task B: Design Development:
1. Based on approved preliminary revised plans develop elevations and provide further detailed design
drawings for the new water quality lab. General information for architectural/ engineering (basic
structural, mechanical, plumbing and electrical) systems will be conveyed – including plans, sections,
elevations, schedules, details, notes and preliminary specifications.
Structural scope includes:
- Update structural wind load design criteria, miscellaneous details and notes.
Mechanical/ Plumbing:
- Provide plans, showing mechanical/ plumbing layouts, preliminary schedules, details, notes
and specifications to meet all applicable code requirements.
Electrical:
- provide electrical plans layouts showing power, data and lighting layouts, preliminary
schedules, details, one line diagrams, low voltage device locations for conduit/ boxes only
and preliminary specifications, etc. to meet all applicable required code requirements.
Page 1122 of 1203
Boynton Beach Utilities - Water Quality Lab.
Page 3 of 6
2. Update statement of probable construction costs.
3. One review/ coordination meeting will be held with the CLIENT to review, revise and finalize the design
development plans.
Labor / Expenses: $ 12,850.
Includes coordination with design team and CLIENT.
Deliverable: Three (3) hard copies and pdf’s of design development plans and specifications
Task C: Construction/ Permit Documents:
1. Based on approved Design Development drawings, final drawings and notes/ specifications for the
purpose of Construction /Permitting of the new water quality lab will be prepared. All basic architectural
and engineering (structural, MEP) drawings, details and notes will be finalized for the purpose of permit
submittal and construction. Documents, includes required NOA’s for permit submittal.
Structural scope includes:
- Finalize any miscellaneous details, schedules, and specifications/ notes required.
Mechanical/ Plumbing:
- Finalize mechanical/ plumbing design, schedules, details, energy calculations, notes and
specifications
Electrical:
- Finalize electrical design - power, data and lighting, schedules, details, one line diagrams,
low voltage device locations for conduit/ boxes only and specifications.
2. Update/ finalize statement of probable construction costs.
3. One review/ coordination meetings will be held with the CLIENT to review, revise and finalize the
construction documents.
Labor / Expenses: $ 20, 550.
Include coordination between disciplines and with CLIENT
Deliverable: Three sets of documents; Electronic signed and sealed documents (includes applicable NOA’s for
roofing, louvers, doors, etc.) for permit submittal; electronic files of documents (pdf, format)
Task D: Permitting Assistance:
1. Provide signed and sealed documents for permit submittal to the building department.
2. Responding to building department comments and revision of drawings as required.
Labor/Expenses: $ 7, 350.
Includes written responses to building department comments and signing and sealing of revised drawings for re-
submittal to the building department as may be required
Task E: Bidding Assistance: $ 5, 000.
1. Assist the CLIENT with the Development of bid package; attend one pre-bid meeting/conference with
CLIENT and prospective bidders. Assist the CLIENT in answering questions, prepare addendums as may
be required.
2. Conduct bid evaluation as necessary.
3. Prepare Conformed Documents as necessary
Task F: Construction Phase Services: $ 29,950.
1. Attend the pre-construction meeting
2. Attend/ conduct bi-weekly construction meetings during construction
Page 1123 of 1203
Boynton Beach Utilities - Water Quality Lab.
Page 4 of 6
3. Review and process shop drawings, RFI’s, change orders and pay applications
4. Conduct site visits/ inspections during construction – to coincide with monthly pay application review.
5. Conduct substantial inspection and provide punch list.
6. Conduct final inspection and project close-out.
Total basic Services: labor and expense (Tasks A, B, C, D, E and F) (Lump Sum) $ 83, 650.
Work Not Included:
• Movable Equipment and Furnishings
• Site utility Infrastructure Improvements
• Landscape / Irrigation Design – FCA to coordinate with City “in-house” staff.
• Civil Engineering requirements – FCA to coordinate with City “in-house” staff
• Destructive /non-destructive testing
• Security systems, including access control and CCTV. Locations of devices will be shown on plans for conduit and
boxes only.
• Cathodic protection
• Lightning protection
ADDITIONAL SERVICES:
Additional services beyond the scope of work or for changes due to actions of the CLIENT will be pre-approved by the
CLIENT and billed at the rates below:
Schedule of Hourly Rates:
Principal $145
Project Manager $125
Architect $110
Engineer $110
Administrative Assistant $ 60
Reimbursable costs for additional services, in addition to the reimbursement for hourly rates above, client shall pay all
usual and customary out-of-pocket expenses incurred by Florida Caribbean Architecture, Inc.
Additional services not presently contemplated in this proposal will be scoped and priced separately under a subsequent
Work Authorization amendment as appropriate, where so authorized by the CLIENT. Possible additional services may
include:
a) Any additional work not listed above
b) Permit Fees
c) Extension of Tasks A-F beyond that described herein
d) Management of sub consultants associated with additional services
e) Revisions to previously approved work
f) Communication system selection, specification or design
Schedule:
Florida Caribbean Architecture, Inc. shall commence services immediately upon authorization and complete tasks as
indicated below from receipt of “Notice to Proceed”, not inclusive of any review periods required by the Owner.
Task A: Preliminary Design 4 weeks
Task B: Design development 6 weeks
Task C: Construction / permit documents 6 weeks
Task D: Permitting (dependent on Authority Having Jurisdiction)
Task E: Bidding 4 weeks
Task F: Construction Phase Services 34 weeks (8 months – estimated)
Schedule delays which are beyond the control of FCA Inc. may require schedule adjustment to compensate for such
delays.
Page 1124 of 1203
Boynton Beach Utilities - Water Quality Lab.
Page 5 of 6
Assumptions:
1. CLIENT to provide all/ any other relevant information
2. CLIENT to provide any civil engineering, landscape/irrigation services required.
3. One bid package, no construction phasing or multiple bid packages, no add alternates
4. Access to site for field inspection by the architect and sub-consultants shall be made available.
5. Any assessment or removal of hazardous or toxic materials shall be handled by others.
6. Any delays in schedule which are outside the control of Florida Caribbean Architecture, Inc. (including
reviews and approvals) may constitute a change in schedule and require an amendment to the schedule herein,
and may constitute additional services/ compensation.
7. Florida Caribbean Architecture, Inc.’s and its sub-consultants liability for damages will, in the aggregate, not
exceed the amount of the fee. This provision takes precedence over any conflicting provision of this or any
document incorporated into it or referenced by it. In no event shall Florida Caribbean Architecture, Inc., its
officers or any of its sub-consultants be liable for any incidental, indirect, special, punitive, economic or
consequential damages, including but not limited to loss of revenue or profits, suffered or incurred by the
CLIENT(s) as a result of this agreement or Florida Caribbean Architecture, Inc.’s performance or non-
performance of services pursuant to this agreement.
8. The standard of care applicable to Florida Caribbean Architecture, Inc.’s services will be the degree of skill
and diligence normally employed by professional architects or consultants performing the same or similar
services at the time Florida Caribbean Architecture, Inc.’s services are performed. Florida Caribbean
Architecture, Inc. will perform any services not meeting this standard without additional compensation.
9. The presence or duties of Florida Caribbean Architecture, Inc.’s personnel at a construction site, whether as
onsite representatives or otherwise, do not make Florida Caribbean Architecture, Inc. or their personnel in any
way responsible for those duties that belong to the Client or its Construction Contractor, or other entities and
does not relieve the Construction Contractor or other entities from their obligations, duties and responsibilities,
including but not limited to all construction methods, means, techniques, sequences, and procedures necessary
for coordinating and completing all portions of the construction work. Florida Caribbean Architecture, Inc.’s
personnel have no authority to exercise any control over any Construction Contractor or any other entity in the
performance of the work or any health or safety precautions, and have no duty of inspecting, noting, observing,
correcting or reporting on health or safety deficiencies at the site, except as related to Florida Caribbean
Architecture, Inc.’s own personnel.
Compensation for Services: (LUMP SUM)
RECAP: Lump Sum Fees & Expenses
Tasks:
Basic Services – Preliminary Design through Construction Phase Services
Task A: Preliminary Design/ Review/ Coordination $ 7, 950.
Task B: Design Development $ 12, 850.
Task C: Construction/ Permit Documents $ 20, 550.
Task D: Permitting Assistance $ 7, 350.
Task E: Bidding Assistance $ 5, 000.
Task F: Construction Phase services $ 29, 950.
TOTAL $ 83,650.
The total amount to be paid to Florida Caribbean Architecture Inc. by the CLIENT under this agreement for services is
in the amount of Eighty Three Thousand Six Hundred and Fifty Dollars ($83,650.00). Florida Caribbean Architecture,
Inc. will invoice the CLIENT on a tasks or monthly basis as required for payment.
We thank you for the opportunity to be of service to you on this project. Should you have any questions, please call
(561) 308 - 6694.
Page 1125 of 1203
Boynton Beach Utilities - Water Quality Lab.
Page 6 of 6
APPROVAL OF SCOPE AND FEES
Florida Caribbean Architecture, Inc.
CITY OF BOYNTON BEACH
_________________________
Steven B. Grant, Mayor Authorizing Signature
Attest/Authenticated:
___________________________ Anderson Slocombe, AIA, NCARB
Crystal Gibson, City Clerk Printed Name
Approved as to Form: Title: President
_______________________
Office of the City Attorney Date:_11/25/20
Page 1126 of 1203
City of Boynton Beach – Owner’s Representative/
Page 1 of 3
Florida Caribbean Architecture Inc.
7 Erwood Place
Boynton Beach, Florida, 33426
Tel: 561 308 6694 (C)
561 287 5420 (O)
anderson@fcarchitecture.com
www.FCArchitecture.com
December 1, 2020
Mr. Andrew Mack, Director of Public Works
City of Boynton Beach Development
100 E. Ocean Avenue
P.O. Box 310
Boynton Beach, FL 33435-0310
Re: City of Boynton Beach – New Public Works Facility - Owner’s Representative
Dear Mr. Mack:
Florida Caribbean Architecture Inc. (CONSULTANT) appreciates the opportunity and is pleased to provide our
proposal for Owner’s representative/ Project Management services for the City of Boynton Beach on a “continuing
services / as needed” basis. It is our understanding that the City intends to develop a new Public Works Facility, located
at the existing Rolling Green site, 515 NW 14th Ct. Boynton Beach, Fl.
Project Description/ Intent:
The intent of the scope of work is for FCA to be the Owner’s (City of Boynton Beach) Representative/ Project Manager
and act as an extension of the Owner’s staff managing the day to day operations of any given project during the design
and construction phases. FCA will act as a liaison between the design team and the City to ensure that the City/
Owner’s best interest are at the heart of every decision made.
Scope of Services:
It is Florida Caribbean Architecture, Inc. understanding that the scope of work is based on the development of the new
public works facility is currently limited to the development of the programing/ conceptual design and schematic design
phases at this time.
The Owner maintains ALL decision making authority and all contractual relationships flow back to the Owner. As an
extension of the Owner’s staff, the Owner’s Representative/ Project Manager interfaces with all project team members,
tracking issues and facilitating and expediting solutions. The Owner’s Representative/ Project Manager will be
responsible for maintaining clear and concise communication, keeping accurate records and thorough documentation
throughout all phases of the project.
FCA will be responsible for monitoring the following:
1. Project coordination
2. Programming and Conceptual Design
3. Schematic Design (30%) Documents
4. The overall project budget/ costs
Florida Caribbean Architecture, Inc. (CONSULTANT) will provide Owner’s Representative/ Project Management
services noted above. Services include monitoring the following:
A. Project Coordination with design team and City /Stakeholders.
B. Review and development of project space programing requirements (site/ building)
C. Review and development of conceptual site and building plans
D. Review and development of schematic design documents
- Preliminary Site/ civil plans
- Preliminary floor & roof plans
- Preliminary building sections and elevations.
- Comprehensive project budget / costs.
- Provide advice regarding potential project pitfalls and suggesting solutions
Page 1127 of 1203
City of Boynton Beach – Owner’s Representative/
Page 2 of 3
Schedule:
Florida Caribbean Architecture, Inc. shall commence services immediately upon authorization and receipt of “Notice to
Proceed” but is subject to adjustments for delays which are beyond the control of FCA.
Assumptions:
1. Owner to provide copies of all pertinent information, i.e. design criteria, schedule, scope of work, team chart,
etc.
2. Access to site for field inspection by the architect and sub-consultants shall be made available.
3. Any assessment or removal of hazardous or toxic materials shall be handled by others.
4. Any delays in schedule which are outside the control of Florida Caribbean Architecture, Inc. (including
reviews and approvals) may constitute a change in schedule and require an amendment to the schedule herein,
and may constitute additional services/ compensation.
5. Florida Caribbean Architecture, Inc.’s and its sub-consultants liability for damages will, in the aggregate, not
exceed the amount of the fee. This provision takes precedence over any conflicting provision of this or any
document incorporated into it or referenced by it. In no event shall Florida Caribbean Architecture, Inc., its
officers or any of its sub-consultants be liable for any incidental, indirect, special, punitive, economic or
consequential damages, including but not limited to loss of revenue or profits, suffered or incurred by the
Owner(s) as a result of this agreement or Florida Caribbean Architecture, Inc.’s performance or non-
performance of services pursuant to this agreement.
6. The standard of care applicable to Florida Caribbean Architecture, Inc.’s services will be the degree of skill
and diligence normally employed by professional architects or consultants performing the same or similar
services at the time Florida Caribbean Architecture, Inc.’s services are performed. Florida Caribbean
Architecture, Inc. will perform any services not meeting this standard without additional compensation.
7. The presence or duties of Florida Caribbean Architecture, Inc.’s personnel at a construction site, whether as
onsite representatives or otherwise, do not make Florida Caribbean Architecture, Inc. or their personnel in any
way responsible for those duties that belong to the Client or its Construction Contractor, or other entities and
does not relieve the Construction Contractor or other entities from their obligations, duties and responsibilities,
including but not limited to all construction methods, means, techniques, sequences, and procedures necessary
for coordinating and completing all portions of the construction work. Florida Caribbean Architecture, Inc.’s
personnel have no authority to exercise any control over any Construction Contractor or any other entity in the
performance of the work or any health or safety precautions, and have no duty of inspecting, noting, observing,
correcting or reporting on health or safety deficiencies at the site, except as related to Florida Caribbean
Architecture, Inc.’s own personnel.
Compensation for Services: Hourly rate)
Compensation shall be as follows:
1. Compensation for the project services described above shall be based on an hourly basis scale unless otherwise
agreed to with the City and shall be paid at the Hourly rate as noted below for a not to exceed a maximum
total of 160 hours ( 4 weeks):
- Hourly $110/ Hr. ($110. x 160 = $17,600.00)
2. Owner has agreed to cover all expenses related to project equipment, supplies and postage where/ when
applicable.
Payment – In consideration for the services to be rendered by the Consultant hereunder, Owner agrees to pay Consultant
subject to the provisions of this agreement.
1. Consultant will submit monthly invoices to the Owner pursuant to the terms of this agreement. Owner shall
pay invoices within 15 days of receipt.
2. Owner will be charged interest at a rate of 1.5% per month or that permitted by law is lesser, on all past due
amounts starting 30 days after receipt of invoice.
3. In the event of a disputed billing, only the disputed portion shall be withheld from payment. Owner shall
exercise reasonableness in disputing any bill or portion thereof.
Page 1128 of 1203
City of Boynton Beach – Owner’s Representative/
Page 3 of 3
Termination:
Provided that the terminating party is not also in default hereunder, this Agreement may be terminated by any party
upon written notice that a material obligation, except for non-payment, has not been performed. The party to whom the
written notice is provided shall have thirty (30) days to correct the non-performance of the material obligation or the
contract shall be deemed terminated. In the event of a non-payment, written notice shall be delivered and the payment
identified in the notice shall be made within seven (7) days or the contract shall be deemed terminated. Proof of
correction or payment must also be submitted within the respective time periods referenced above.
Miscellaneous Provisions:
a. No Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual
relationship with or cause of action in favor of a third party against either the Owner or Consultant.
b. Delay and Additional Services: If and to the extent that the time initially established for the
Construction Phase of the project, as established by the construction contracts, is extraordinarily exceeded
or extended through no fault of the Consultant, compensation for services required for such extended
period of Administration of the Construction Contracts shall be computed in the manner set forth for
additional services.
c. Arbitration: Any controversy or claim arising out of or related to the contract, or the breach thereof, shall
first require mandatory mediation. In the event mediation is unsuccessful then it shall be settled by
arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration
Association and judgement upon the award rendered by the Arbitrator or Arbitrators may be entered in any
court having jurisdiction thereof.
d. Entire Agreement: This Agreement represents the entire agreement between Owner and Consultant and
supersedes all oral and prior negotiations.
We thank you for the opportunity to be of service to you on this project. Should you have any questions, please call
Mr. Anderson Slocombe, AIA at (561) 308 - 6694.
APPROVAL OF SCOPE AND FEES
Florida Caribbean Architecture, Inc.
CITY OF BOYNTON BEACH
__________________________
Steven B. Grant, Mayor Authorizing Signature
Attest/Authenticated:
___________________________ Anderson Slocombe, AIA, NCARB
Crystal Gibson, City Clerk Printed Name
Approved as to Form: Title: President
_______________________
Office of the City Attorney Date:_12/1/20
Page 1129 of 1203
Boynton Beach Utilities - Water Quality Lab.
Page 1 of 6
November 25, 2020
Mr. Joseph, Paterniti Jr. PE, Utility Director
City of Boynton Beach Utilities
City of Boynton Beach.
124 E. Woolbright Road
Boynton Beach, Florida 33435
Florida Caribbean Architecture Inc.
7 Erwood Place
Boynton Beach, Florida, 33426
Tel: 561 308 6694 (C)
561 287 5420 (O)
anderson@fcarchitecture.com
www.FCArchitecture.com
Re: City of Boynton Beach Utilities – New Water Quality Lab – Renovation of Old fire station #2
Dear Mr. Paterniti:
Florida Caribbean Architecture Inc. (CONSULTANT) appreciates the opportunity and is pleased to provide our
proposal for professional architectural/ engineering (minor structural, MEP) services for the renovation &
improvements to existing building and site to accommodate new Water Quality Lab, located at 2210 S. Congress Ave.,
Boynton Beach FL. The existing building is approximately 5,322 SF and located on a site that is approximately 21,062
SF (0.36 Acres).
Notes:
- Minor civil engineering and landscape/ irrigation services will be done “in-house” (with City staff) and will be
coordinated by FCA.
- Based on the size of the building and preliminary research, it’s assumed that fire sprinklers will not be
required.
- Fire alarm system will be addressed if determined to be required by code.
- Low Voltage design is not included in scope. However, low voltage requirements will be coordinated with the
Owner and devices, i.e. cameras, card readers, CCTV, etc. will be shown on plans for locations and installation
of conduit and boxes only.
Project Description/ Intent:
The intent of the project is to provide professional architectural / engineering (structural, MEP) services for
interior/exterior renovations and improvements of the existing building to accommodate the City’s new Water Quality
Lab and coordinate minor civil/ landscape/irrigation requirements with City staff for minor site improvements
Scope of Services:
Florida Caribbean Architecture, Inc. (CONSULTANT) and its sub-consultants will provide architectural and
engineering (Structural, MEP) and coordination with city staff for minor civil/ landscape services as necessary for the
proposed project noted above. Services include the following:
A. Preliminary Design: Site visit to get design team familiarized with existing site conditions and
project expectations. Update base plans as necessary and create new elevations.
B. Design Development: Based on approved preliminary design documents, further develop plans,
elevations, and sections and develop details, schedules and preliminary specifications for submittal.
C. Construction/ Permit Documents: Based on approved design development documents, provide final
drawings, details, schedules, notes and specifications as required for construction/ permit set of
construction documents.
D. Permitting Assistance: Provide signed and sealed copies of the permit documents to the CLIENT
for permit submittal to the City of Boynton Beach Building Department and respond to questions /
comments from the Building Department – including revisions to documents as may be required.
Page 1130 of 1203
Boynton Beach Utilities - Water Quality Lab.
Page 2 of 6
E. Bidding Assistance: Assist CLIENT with the development of bid packages and attend pre-bid
meeting/ conference with CLIENT and prospective bidders as necessary; conduct bid evaluations as
necessary.
F. Construction Phase Services: Provide basic construction phase services -Attend pre-construction
meeting; review shop drawings; answer RFI’s; review change orders; conduct site visits during
construction; conduct substantial/ final completion site inspection, provide punch lists and
conduct/coordinate project close-out.
Tasks:
Task A: Preliminary Design/ Review/ Coordination:
1. Conduct a “kick-off” meeting with design team and stakeholders, visit the proposed site and the existing
lab (West Water Treatment Plant) with the design team to familiarize the team members with the site
conditions and project expectations – includes photographic documentation.
2. Prior to “kick-off” meeting, review and analyze all existing documentation/ information provided by the
CLIENT.
- Preliminary building design plan layout of proposed Water Quality Lab.
- Lab equipment list and requirements
- Other miscellaneous documentation
3. Based on preliminary design floor plan, information provided by the CLIENT and results of meeting/ site
visit investigations, set up base CAD plans and files, create demo/ new site/ floor, ceiling plans, create
preliminary equipment schedule, conduct building code research/ analysis for wind load requirements,
occupancy/ construction type, etc. and develop life safety plans. Provide updated design plans and
elevations, addressing the scope and extent of work to be completed for CLIENT’s review
Structural scope includes:
- Provide structural design wind load criteria.
Mechanical/ Plumbing:
- Site visit, review of existing information and evaluation of mechanical/ plumbing systems.
Electrical:
- Site visit, review of information and evaluation of electrical system and new generator
requirements.
4. Provide a preliminary statement of probable construction costs.
5. One review/ coordination meeting will be held with the CLIENT to review, revise and finalize the
preliminary design layout.
Labor / Expenses: $ 7,950.
Includes coordination with design team, CLIENT
Deliverable: Two (2) hard copies and pdf’s of preliminary design documents (Plans).
Task B: Design Development:
1. Based on approved preliminary revised plans develop elevations and provide further detailed design
drawings for the new water quality lab. General information for architectural/ engineering (basic
structural, mechanical, plumbing and electrical) systems will be conveyed – including plans, sections,
elevations, schedules, details, notes and preliminary specifications.
Structural scope includes:
- Update structural wind load design criteria, miscellaneous details and notes.
Mechanical/ Plumbing:
- Provide plans, showing mechanical/ plumbing layouts, preliminary schedules, details, notes
and specifications to meet all applicable code requirements.
Electrical:
- provide electrical plans layouts showing power, data and lighting layouts, preliminary
schedules, details, one line diagrams, low voltage device locations for conduit/ boxes only
and preliminary specifications, etc. to meet all applicable required code requirements.
Page 1131 of 1203
Boynton Beach Utilities - Water Quality Lab.
Page 3 of 6
2. Update statement of probable construction costs.
3. One review/ coordination meeting will be held with the CLIENT to review, revise and finalize the design
development plans.
Labor / Expenses: $ 12,850.
Includes coordination with design team and CLIENT.
Deliverable: Three (3) hard copies and pdf’s of design development plans and specifications
Task C: Construction/ Permit Documents:
1. Based on approved Design Development drawings, final drawings and notes/ specifications for the
purpose of Construction /Permitting of the new water quality lab will be prepared. All basic architectural
and engineering (structural, MEP) drawings, details and notes will be finalized for the purpose of permit
submittal and construction. Documents, includes required NOA’s for permit submittal.
Structural scope includes:
- Finalize any miscellaneous details, schedules, and specifications/ notes required.
Mechanical/ Plumbing:
- Finalize mechanical/ plumbing design, schedules, details, energy calculations, notes and
specifications
Electrical:
- Finalize electrical design - power, data and lighting, schedules, details, one line diagrams,
low voltage device locations for conduit/ boxes only and specifications.
2. Update/ finalize statement of probable construction costs.
3. One review/ coordination meetings will be held with the CLIENT to review, revise and finalize the
construction documents.
Labor / Expenses: $ 20, 550.
Include coordination between disciplines and with CLIENT
Deliverable: Three sets of documents; Electronic signed and sealed documents (includes applicable NOA’s for
roofing, louvers, doors, etc.) for permit submittal; electronic files of documents (pdf, format)
Task D: Permitting Assistance:
1. Provide signed and sealed documents for permit submittal to the building department.
2. Responding to building department comments and revision of drawings as required.
Labor/Expenses: $ 7, 350.
Includes written responses to building department comments and signing and sealing of revised drawings for re-
submittal to the building department as may be required
Task E: Bidding Assistance: $ 5, 000.
1. Assist the CLIENT with the Development of bid package; attend one pre-bid meeting/conference with
CLIENT and prospective bidders. Assist the CLIENT in answering questions, prepare addendums as may
be required.
2. Conduct bid evaluation as necessary.
3. Prepare Conformed Documents as necessary
Task F: Construction Phase Services: $ 29,950.
1. Attend the pre-construction meeting
2. Attend/ conduct bi-weekly construction meetings during construction
Page 1132 of 1203
Boynton Beach Utilities - Water Quality Lab.
Page 4 of 6
3. Review and process shop drawings, RFI’s, change orders and pay applications
4. Conduct site visits/ inspections during construction – to coincide with monthly pay application review.
5. Conduct substantial inspection and provide punch list.
6. Conduct final inspection and project close-out.
Total basic Services: labor and expense (Tasks A, B, C, D, E and F) (Lump Sum) $ 83, 650.
Work Not Included:
• Movable Equipment and Furnishings
• Site utility Infrastructure Improvements
• Landscape / Irrigation Design – FCA to coordinate with City “in-house” staff.
• Civil Engineering requirements – FCA to coordinate with City “in-house” staff
• Destructive /non-destructive testing
• Security systems, including access control and CCTV. Locations of devices will be shown on plans for conduit and
boxes only.
• Cathodic protection
• Lightning protection
ADDITIONAL SERVICES:
Additional services beyond the scope of work or for changes due to actions of the CLIENT will be pre-approved by the
CLIENT and billed at the rates below:
Schedule of Hourly Rates:
Principal $145
Project Manager $125
Architect $110
Engineer $110
Administrative Assistant $ 60
Reimbursable costs for additional services, in addition to the reimbursement for hourly rates above, client shall pay all
usual and customary out-of-pocket expenses incurred by Florida Caribbean Architecture, Inc.
Additional services not presently contemplated in this proposal will be scoped and priced separately under a subsequent
Work Authorization amendment as appropriate, where so authorized by the CLIENT. Possible additional services may
include:
a) Any additional work not listed above
b) Permit Fees
c) Extension of Tasks A-F beyond that described herein
d) Management of sub consultants associated with additional services
e) Revisions to previously approved work
f) Communication system selection, specification or design
Schedule:
Florida Caribbean Architecture, Inc. shall commence services immediately upon authorization and complete tasks as
indicated below from receipt of “Notice to Proceed”, not inclusive of any review periods required by the Owner.
Task A: Preliminary Design 4 weeks
Task B: Design development 6 weeks
Task C: Construction / permit documents 6 weeks
Task D: Permitting (dependent on Authority Having Jurisdiction)
Task E: Bidding 4 weeks
Task F: Construction Phase Services 34 weeks (8 months – estimated)
Schedule delays which are beyond the control of FCA Inc. may require schedule adjustment to compensate for such
delays.
Page 1133 of 1203
Boynton Beach Utilities - Water Quality Lab.
Page 5 of 6
Assumptions:
1. CLIENT to provide all/ any other relevant information
2. CLIENT to provide any civil engineering, landscape/irrigation services required.
3. One bid package, no construction phasing or multiple bid packages, no add alternates
4. Access to site for field inspection by the architect and sub-consultants shall be made available.
5. Any assessment or removal of hazardous or toxic materials shall be handled by others.
6. Any delays in schedule which are outside the control of Florida Caribbean Architecture, Inc. (including
reviews and approvals) may constitute a change in schedule and require an amendment to the schedule herein,
and may constitute additional services/ compensation.
7. Florida Caribbean Architecture, Inc.’s and its sub-consultants liability for damages will, in the aggregate, not
exceed the amount of the fee. This provision takes precedence over any conflicting provision of this or any
document incorporated into it or referenced by it. In no event shall Florida Caribbean Architecture, Inc., its
officers or any of its sub-consultants be liable for any incidental, indirect, special, punitive, economic or
consequential damages, including but not limited to loss of revenue or profits, suffered or incurred by the
CLIENT(s) as a result of this agreement or Florida Caribbean Architecture, Inc.’s performance or non-
performance of services pursuant to this agreement.
8. The standard of care applicable to Florida Caribbean Architecture, Inc.’s services will be the degree of skill
and diligence normally employed by professional architects or consultants performing the same or similar
services at the time Florida Caribbean Architecture, Inc.’s services are performed. Florida Caribbean
Architecture, Inc. will perform any services not meeting this standard without additional compensation.
9. The presence or duties of Florida Caribbean Architecture, Inc.’s personnel at a construction site, whether as
onsite representatives or otherwise, do not make Florida Caribbean Architecture, Inc. or their personnel in any
way responsible for those duties that belong to the Client or its Construction Contractor, or other entities and
does not relieve the Construction Contractor or other entities from their obligations, duties and responsibilities,
including but not limited to all construction methods, means, techniques, sequences, and procedures necessary
for coordinating and completing all portions of the construction work. Florida Caribbean Architecture, Inc.’s
personnel have no authority to exercise any control over any Construction Contractor or any other entity in the
performance of the work or any health or safety precautions, and have no duty of inspecting, noting, observing,
correcting or reporting on health or safety deficiencies at the site, except as related to Florida Caribbean
Architecture, Inc.’s own personnel.
Compensation for Services: (LUMP SUM)
RECAP: Lump Sum Fees & Expenses
Tasks:
Basic Services – Preliminary Design through Construction Phase Services
Task A: Preliminary Design/ Review/ Coordination $ 7, 950.
Task B: Design Development $ 12, 850.
Task C: Construction/ Permit Documents $ 20, 550.
Task D: Permitting Assistance $ 7, 350.
Task E: Bidding Assistance $ 5, 000.
Task F: Construction Phase services $ 29, 950.
TOTAL $ 83,650.
The total amount to be paid to Florida Caribbean Architecture Inc. by the CLIENT under this agreement for services is
in the amount of Eighty Three Thousand Six Hundred and Fifty Dollars ($83,650.00). Florida Caribbean Architecture,
Inc. will invoice the CLIENT on a tasks or monthly basis as required for payment.
We thank you for the opportunity to be of service to you on this project. Should you have any questions, please call
(561) 308 - 6694.
Page 1134 of 1203
Boynton Beach Utilities - Water Quality Lab.
Page 6 of 6
APPROVAL OF SCOPE AND FEES
Florida Caribbean Architecture, Inc.
CITY OF BOYNTON BEACH
_________________________
Steven B. Grant, Mayor Authorizing Signature
Attest/Authenticated:
___________________________ Anderson Slocombe, AIA, NCARB
Crystal Gibson, City Clerk Printed Name
Approved as to Form: Title: President
_______________________
Office of the City Attorney Date:_11/25/20
Page 1135 of 1203
Page 1136 of 1203
Page 1137 of 1203
Page 1138 of 1203
Page 1139 of 1203
Page 1140 of 1203
Page 1141 of 1203
Page 1142 of 1203
Page 1143 of 1203
Page 1144 of 1203
Page 1145 of 1203
0'25'50'100'20' HT. CONC. SOUND BARRIER WALL15' FT. LANDSCAPE BUFFERSWALEPROPOSED ROAD49' - 6 27/32"25' - 0"15' - 0"15' - 0"12' - 0"AS-1.011Sim25' - 0"25' - 0"25' - 0"25' - 0"COPY RIGHT NOTICE 2020,ALL IDEAS, DESIGNS, ARRANGEMENT AND PLANSINDICATED OR REPRESENTED BY THIS DRAWING ARE THE PROPERTY OF THIS OFFICE AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ONAND IN CONNECTION WITH THE SPECIFIED PROJECT.NONE OF THE IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSONS, FIRM OR CORPORATION FOR ANY PURPOSE WITHOUT THE WRITTEN PERMISSION OF WEST ARCHITECTURE + DESIGN, LLC. MATTHEW F. WESTAR 93859WESTARCHITECTURE+ DESIGN, LLC820 N. 4THSTREET, LANTANA, FLORIDA, 33462561-588-2027 T561-582-9419 Fwww.west-arch.comAA26001503DATE:CONSULTANT:NUMBER:REVIEWED:REVISION:MANAGED:DRAWN:\\west-arch\Data\Architecture+Design\A+D - Projects\19 PROJECTS\A19-029 - Boynton PW Masterplan\02-Design Development\A19-029 - Boynton PW Masterplan-Phase 2.rvtAS-1.00BOYNTONBEACH PWMASTERPLAN- PHASE 2515 NW 14TH CTBOYNTON BEACH, FL 33425A19-02907-06-2020CONCEPTUALOVERALLARCHITECTURALSITE PLANMASTER PLAN DESIGNFOR:JAPGMW1" = 100'-0"AS-1.001OVERALL SITE PLANPage 1146 of 1203
10' - 0"25' - 0"141' - 4 1/32"36' - 0"50' - 0"100' - 0"50' - 0"36' - 0"15' - 0"25' - 0"15' - 0"15' - 0"15' - 0"15' - 0"15' - 0"1010101010510101010531517AADFHGCCKELLETELEELELPONMRQSSJ11BC37' - 0"25' - 6"27' - 10 1/32"102' - 0"60' - 0"100' - 0"128' - 0"50' - 0"GATEGATE30' - 0"33' - 0"12' - 0"25' - 0"15' - 0"5' - 0"160' - 0"52' - 0"20' - 0"18' - 0"25' - 0"18' - 0"12' - 0"25' - 0"15' - 0"36' - 0"50' - 0"36' - 0"7' - 0"25' - 0"7' - 0"36' - 0"30' - 0"36' - 0"28' - 3 9/16"20' - 0"50' - 0"20' - 0"18' - 0"25' - 0"18' - 0"12' - 0"25' - 0"15' - 0"65' - 0"30' - 0"33' - 0"18' - 0"52' - 0"L82' - 0 3/4"32' - 0 25/32"204' - 0"60' - 0"5180' - 8 11/16"GATEGATE25' - 0"195' - 8 11/16"45' - 0"25' - 0"25' - 0"30' - 0"60' - 8 1/32"15' - 0"15' - 0"45' - 0"25' - 0"30' - 9 5/32"10' - 0"132' - 0"5' - 0"65' - 0"38' - 0"25' - 0"18' - 0"12' - 0"25' - 0"15' - 0"36' - 0"6' - 0"80' - 0"33' - 5 31/32"8140' - 0 21/32"7163' - 0"20' WALL20' WALL180' - 0"60' - 0"20' WALL20' WALL20' WALL 44' - 0"74' - 0"44' - 0"30' - 0"PLAN LEGEND:A. GARBAGE TRUCK STORAGE B. VISITOR / EMPLOYEE PARKINGC. REPAIR VEHICLE STORAGED. VEHICLE WASHE. DRAINAGE / AREAF. FUEL ISLANDG. COURTYARD BREAK/ BARBEQUES AREAH. GREEN/ LANDSCAPE AREAJ. COMMUNICATION TOWER + EXISTING BLDGS.K. MAIN DRIVEWAYL. BUFFER AREAM. VEHICLE MAINTENANCEN. SHOPS/ BUILDING MAINTENANCEO. STORAGE WAREHOUSEP. ADMINISTRATION BLDG.Q. PARK & RECREATION BLDG.R. STREET & SANITATION BLDG.S. STORAGE BUILDINGT. EXISTING BILLBOARDZONING DISTRICT:LOT FRONTAGE, MINIMUMLOT DEPTH, MINIMUMFLOOR-AREA-RATIO (FAR), MAXIMUMPU - PUBLIC USAGEEXISTING75 FT.SITE DATA:CITY OF BOYNTON -PUBLIC WORK -MAINTENANCE FACILITIES270.83' FT.N/A15.7%50%1.0010%REQUIREDLOT AREA PER UNIT, MINIMUM (SQ. FT.)403, 365 SQ. FT.LOT STANDARDS8,000 SQ. FT.LOT COVERAGE, MAXIMUM (BUILDINGS)FRONTREARINTERIOR SIDE13332140N/ACORNER SIDEBUILDING SETBACK, MINIMUM (FT)REQUIREDPROVIDED152525150.1ADMINISTRATION BLDG. (1/200 SF) 2,500 SF =STORAGE WAREHOUSE (1/1000 SF) 10,240 SF =TOTAL STANDARD PARKING (9'X18')PARKING REQUIREMENTSREQUIREDPROVIDED5131164BUILDING SETBACK, MINIMUM IFABUTTING A RESIDENTIAL DISTRICT (FT)REARINTERIOR SIDECORNER SIDEWATERFRONT YARD3030N/AN/AMAXIMUM STRUCTURE HEIGHT45 FT.-HANDICAP ACCESSIBLE (12'X18')VEHICLE MAINTENANCE (1/250 SF) 16,000 SF = SHOPS/ BUILDING MAINTENANCE (1/1000 SF) 5,200 SF =PARK & RECREATION BLDG (1/800 SF) 6,630 SF =STREET & SANITATION (1/800 SF) 3,900 SF =8510651105LANDSCAPE BUFFER ABUTTING A RESIDENTIALLANDSCAPE SETBACKREQUIREDPROVIDED15REQUIREDPROVIDED15BUFFER WALL ABUTTING A RESIDENTIAL6 HT.6 HT.133140N/AN/ACOPY RIGHT NOTICE 2020,ALL IDEAS, DESIGNS, ARRANGEMENT AND PLANSINDICATED OR REPRESENTED BY THIS DRAWING ARE THE PROPERTY OF THIS OFFICE AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ONAND IN CONNECTION WITH THE SPECIFIED PROJECT.NONE OF THE IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSONS, FIRM OR CORPORATION FOR ANY PURPOSE WITHOUT THE WRITTEN PERMISSION OF WEST ARCHITECTURE + DESIGN, LLC. MATTHEW F. WESTAR 93859WESTARCHITECTURE+ DESIGN, LLC820 N. 4THSTREET, LANTANA, FLORIDA, 33462561-588-2027 T561-582-9419 Fwww.west-arch.comAA26001503DATE:CONSULTANT:NUMBER:REVIEWED:REVISION:MANAGED:DRAWN:\\west-arch\Data\Architecture+Design\A+D - Projects\19 PROJECTS\A19-029 - Boynton PW Masterplan\02-Design Development\A19-029 - Boynton PW Masterplan-Phase 2.rvtAS-1.01BOYNTONBEACH PWMASTERPLAN- PHASE 2515 NW 14TH CTBOYNTON BEACH, FL 33425A19-02907-06-2020ENLARGECONCEPTUALARCHITECTURALSITE PLANMASTER PLAN DESIGNFOR:JAPGMW1" = 50'-0"AS-1.011ENLARGE CONCEPTUAL ARCHITECTURAL SITE PLANPage 1147 of 1203
8.A.
P UB LI C HE A RI NG
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission:
Proposed Ordinance No. 20-043 - Second Reading - Request for abandonment of a portion of the S W 6th
Street right-of-way consisting of a portion of the unimproved swale abutting the east lot line of the subject
property located at 704 S W 25th Avenue (A B A N 20-010). (Tabled from the December 1, 2020 City
Commission Meeting. The applicant is requesting the item to be tabled to the January 19, 2021 City
Commission Meeting.)
Explanation of Request:
The applic ant is requesting to abandon a portion (25 feet wide) of the SW 6th Street right-of-way – currently
consisting of unimproved swale – in order to construct a single-family residenc e on the vac ant parc el located
at 704 S W 25th Avenue, as depic ted and described in Exhibit “B ” (Sketc h and Legal Description). According
to the Forest Hills Subdivision Plat (Exhibit C), the parcel borders the Ridgewood Estates and Seac rest Hills
Subdivisions. I t is also located immediately west of the existing P oint of Reference Monument (P.R.M) –
which marks the geographical location where the three subdivisions (Forest Hills, Ridgewood Estates and
Seacrest Hills) meet. Staff notes that the subject property is the only one with an excessively wide right-of-way
along S W 6th Street. The alignment of S W 6th Street was shifted as the result of the three (3) separate plats
meeting at this loc ation, resulting in the extraordinarily large unimproved right-of-way segment abutting this
parcel. I t also c aused a swale in excess of that of others in the area, creating the impression that the large
grass area is part of the adjacent lot.
The ty pic al width of a right-of-way c lassified as a loc al street (a.k.a. neighborhood street) is 50 feet.
According to the Forest Hills Subdivision plat (Exhibit C ), nearly the entire length of the NW 6th Street
R.O.W . is 50 feet wide, except for the portion of the R.O.W . in front of the subjec t property. The width of this
portion varies between 73 feet, at the narrowest point, and 105 feet, at the widest point, as depic ted in Exhibit
“D”. The proposed abandonment would reduc e the existing R.O.W . width to 50 feet, at the narrowest point,
and 79 feet, at the widest point, as shown in Exhibit “E”. The resulting swale in front of the subject property will
be consistent with the swales in front of other properties in the immediate vic inity and large enough to serve its
intended purpose.
The Planning and development Board recommended approval of this item at the October 27, 2020 meeting.
How will this affect city programs or services? NA
Fiscal Impact: NA
Alternatives: Non recommended
Strategic Plan:
Strategic Plan Application: NA
Page 1148 of 1203
C L IMAT E AC T IO N AP P LIC AT IO N: NA
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Ordinance Ordinance approving abandonment of 25 ft ROW
(S W 6th)
Staff Report Staff Report
Location Map Exhibit A - Location Map
Drawings Exhibit B - Sketch and Legal Description
Exhibit Exhibit C - Forest Hills Plat
Exhibit Exhibit D - Subject Property W ithout
Abandonment
Exhibit Exhibit E - Subject Property W ith Abandonment
Addendum Exhibit F - Conditions of Approval
Exhibit Development Order
Page 1149 of 1203
{S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx
ORDINANCE NO. 20- 1
2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, APPROVING THE ABANDONMENT OF A 25 FOOT 4
WIDE PORTION OF THE SOUTHWEST 6TH STREET RIGHT-OF-5
WAY CONSISTING OF A PORTION OF THE UNIMPROVED 6
SWALE ABUTTING THE EAST LOT LINE OF THE PROPERTY 7
LOCATED AT 704 SW 25TH AVENUE; AUTHORIZING THE CITY 8
MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE 9
RECORDED WITH THIS ORDINANCE IN THE PUBLIC 10
RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 11
PROVIDING AN EFFECTIVE DATE. 12
13
WHEREAS, Applicant is requesting abandonment of a 25 foot wide portion of the SW 14
6th Street right-of-way currently consisting of unimproved swale in order to construct a single 15
family residence on the vacant parcel located at 704 SW 25th Avenue; and 16
17
WHEREAS, Staff has determined that the subject portion of the right-of-way requested 18
to be abandoned does not adversely impact traffic, does not adversely affect other adjacent 19
property owners, subject to the conditions of approval including the provision of the necessary 20
utility easements noted by staff during their review; and 21
22
WHEREAS, comments have been solicited from the appropriate City Departments, and 23
public hearings have been held before the City Commission on the proposed abandonment; and 24
25
WHEREAS, staff has determined that the subject right-of-way no longer serves a public 26
purpose other than retention of a utility easement, if warranted and therefore reco mmends 27
approval of the request, subject to the accompanying conditions. 28
29
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 30
CITY OF BOYNTON BEACH, FLORIDA THAT: 31
32
Section 1. The foregoing whereas clauses are true and correct and incorporated herein by 33
this reference. 34
35
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 36
abandon a 25 foot wide portion of the SW 6th Street right-of-way currently consisting of 37
unimproved swale in order to construct a single family residence on the vacant parcel located at 38
704 SW 25th Avenue. The property being abandoned is more particularly described as follows: 39
40
A PORTION OF THE 50 FOOT RIGHT -OF-WAY LYING EAST OF AND ADJACENT TO 41
LOT 7, BLOCK 4 OF "FOREST HILLS", ACCORDING TO THE PLAT THEREOF AS 42
RECORDED IN PLAT BOOK 25 AT PAGE 57 OF THE PUBLIC RECORDS OF PALM 43
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 44
COMMENCING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 4 OF THE 45
AFOREMENTIONED PLAT OF "FOREST HILLS"; THENCE NORTH 87°19'10" EAST ON 46
THE NORTH PROPERTY LINE OF SAID LOT 7, A DISTANCE OF 54.68 FEET TO THE 47
Page 1150 of 1203
{S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx
POINT OF BEGINNING; THENCE CONTINUE NORTH 87°19'10" EAST ON THE 48
EASTERLY PROLONGATION OF SAID NORTH PROPERTY LINE OF LOT 7, A DISTANCE 49
OF 25.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE 50
RIGHT; THENCE SOUTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING 51
A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'18", A DISTANCE OF 39.59 52
FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°56'32" EAST ON A LINE 25 53
FEET EASTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 7, A 54
DISTANCE OF 79.69 FEET; THENCE SOUTH 87°19'10" WEST ON THE EASTERLY 55
PROLONGATION OF THE SOUTH LINE OF SAID LOT 7, A DISTANCE OF 12.50 FEET TO 56
THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, AT WHICH THE 57
RADIUS POINT BEARS NORTH 28°03'28" EAST; 58
THE FOLLOWING THREE COURSES AND DISTANCES ARE COINCIDENT WITH THE 59
EAST LINE OF SAID LOT 7: 60
1) NORTHWESTERLY ON THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET 61
AND A CENTRAL ANGLE OF 60°00'00", A DISTANCE OF 26.18 FEET TO THE POINT OF 62
TANGENCY; 63
2) NORTH 01°56'32" WEST, A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY 64
OF A CIRCULAR CURVE TO THE LEFT; 65
3) THENCE NORTHWESTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A 66
RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'18", A DISTANCE OF 39.59 67
FEET TO THE POINT OF BEGINNING. 68
69
SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, 70
FLORIDA AND CONTAINING 2,545 SQUARE FEET, MORE OR LESS. 71
72
Section 3. The City Manager is hereby authorized and directed to execute the attached 73
Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm 74
Beach County, Florida. 75
76
Section 4. This Ordinance shall take effect immediately upon passage. 77
78
FIRST READING this ____ day of November, 2020. 79
80
SECOND, FINAL READING AND PASSAGE THIS _____day of __________, 2020. 81
82
CITY OF BOYNTON BEACH, FLORIDA 83
YES NO 84
Mayor – Steven B. Grant _____ _____ 85
86
Vice Mayor – Ty Penserga _____ _____ 87
88
Commissioner – Justin Katz _____ _____ 89
90
Commissioner – Woodrow L. Hay _____ _____ 91
92
Commissioner – Christina L. Romelus _____ _____ 93
94
VOTE ______ 95
Page 1151 of 1203
{S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx
ATTEST: 96
97
_____________________________ 98
Crystal Gibson, MMC 99
City Clerk 100
101
102
(Corporate Seal) 103
Page 1152 of 1203
{S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of
Boynton Beach, Florida, does hereby abandon a 25 foot wide portion of the SW 6th Street right-of-
way currently consisting of unimproved swale in order to construct a single family residence on the
vacant parcel located at 704 SW 25th Avenue. The property being abandoned is more particularly
described as follows:
A PORTION OF THE 50 FOOT RIGHT -OF-WAY LYING EAST OF AND ADJACENT TO LOT 7,
BLOCK 4 OF "FOREST HILLS", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 25 AT PAGE 57 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 4 OF THE
AFOREMENTIONED PLAT OF "FOREST HILLS"; THENCE NORTH 87°19'10" EAST ON THE
NORTH PROPERTY LINE OF SAID LOT 7, A DISTANCE OF 54.68 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 87°19'10" EAST ON THE EASTERLY
PROLONGATION OF SAID NORTH PROPERTY LINE OF LOT 7, A DISTANCE OF 25.00 FEET
TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE
SOUTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00
FEET AND A CENTRAL ANGLE OF 90°44'18", A DISTANCE OF 39.59 FEET TO THE POINT OF
TANGENCY; THENCE SOUTH 01°56'32" EAST ON A LINE 25 FEET EASTERLY OF AND
PARALLEL WITH THE EAST LINE OF SAID LOT 7, A DISTANCE OF 79.69 FEET; THENCE
SOUTH 87°19'10" WEST ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID
LOT 7, A DISTANCE OF 12.50 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO
THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 28°03'28" EAST;
THE FOLLOWING THREE COURSES AND DISTANCES ARE COINCIDENT WITH THE EAST
LINE OF SAID LOT 7:
1) NORTHWESTERLY ON THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND
A CENTRAL ANGLE OF 60°00'00", A DISTANCE OF 26.18 FEET TO THE POINT OF
TANGENCY;
2) NORTH 01°56'32" WEST, A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY OF A
CIRCULAR CURVE TO THE LEFT;
3) THENCE NORTHWESTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A
RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'18", A DISTANCE OF 39.59 FEET
TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA
AND CONTAINING 2,545 SQUARE FEET, MORE OR LESS.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach,
Florida, have hereunto set their hands and affixed the seal of the City this ____ day of November,
2020.
Page 1153 of 1203
{S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
___________________ _____________________________
Crystal Gibson, MMC Lori LaVerriere, City Manager
City Clerk
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared by means of physical
presence or online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach,
Florida, known to me to be the person described in and who executed the foregoing instrument,
and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses
and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and
that said instrument is the act and deed of said corporation.
WITNESS my hand and official seal in the said State and County this _____ day o f
________________, 2020.
_____________________________
NOTARY PUBLIC, State of Florida
My Commission Expires:
Page 1154 of 1203
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 20-028
TO: Chair and Members
Planning & Development Board
THRU: Ed Breese
Planning and Zoning Administrator
FROM: Luis Bencosme
Planner II
DATE: October 13, 2020
SUBJECT: Request for abandonment of a portion of the SW 6th Street right-of-way
(ABAN 20-010) consisting of a portion of the unimproved swale abutting the
east lot line of the subject property (704 SW 25th Avenue). Applicant:
Zachary Schaffer
NATURE OF REQUEST
Zachary Schaffer, property owner of 704 SW 25th Avenue, is requesting to abandon a portion of the
SW 6th Street right-of-way consisting of 25 feet of unimproved swale located between the existing
east property line of the subject property and SW 6th Street. (see Exhibit “A” – Location Map).
Should the abandonment be approved, the remaining grass swale would vary in width between 11-
24 feet; consistent with the swale in front of other properties in the immediate vicinity, and sufficient
width to serve its intended purpose.
The portion of the right-of-way to be abandoned would ultimately increase the subject property’s lot
area. The abandonment request has been depicted and described in Exhibit “B” (Sketch and Legal
Description).
BACKGROUND
The applicant is requesting to abandon a portion (25 feet wide) of the SW 6th Street right-of-way –
currently consisting of unimproved swale – in order to construct a single-family residence on the
vacant parcel located at 704 SW 25th Avenue, as depicted and described in Exhibit “B” (Sketch and
Legal Description). According to the Forest Hills Subdivision Plat (Exhibit C), the parcel borders the
Ridgewood Estates and Seacrest Hills Subdivisions. It is also located immediately west of the
existing Point of Reference Monument (P.R.M) – which marks the geographical location where the
three subdivisions (Forest Hills, Ridgewood Estates and Seacrest Hills) meet. Staff notes that the
subject property is the only one with an excessively wide right-of-way along SW 6th Street. The
alignment of SW 6th Street was shifted as the result of the three (3) separate plats meeting at this
location, resulting in the extraordinarily large unimproved right-of-way segment abutting this parcel.
It also caused a swale in excess of that of others in the area, creating the illusion that the large
grass area already is part of the adjacent lot.
The typical width of a right-of-way classified as a local street (a.k.a. neighborhood street) is 50 feet.
Page 1155 of 1203
Page 2
Memorandum No. PZ 20-028
ABAN 20-010
According to the Forest Hills Subdivision plat (Exhibit C), nearly the entire length of the NW 6th
Street R.O.W. is 50 feet wide, except for the portion of the R.O.W. in front of the subject property.
The width of this portion varies between 73 feet, at the narrowest point, and 105 feet, at the widest
point, as depicted in Exhibit “D”. The proposed abandonment would reduce the existing R.O.W.
width to 50 feet, at the narrowest point, and 79 feet, at the widest point, as shown in Exhibit “E”. The
resulting swale in front of the subject property will be consistent with the swales in front of other
properties in the immediate vicinity and large enough to serve its intended purpose.
ANALYSIS
Owners of properties within 400 feet of the subject site were mailed a notice of this request and
respective hearing dates. The applicant has certified that they posted signage and mailed notices
in accordance with Ordinance No. 04-007. A summary of the responses from the easement holders
follows:
CITY DEPARTMENTS/DIVISIONS
Engineering - No objection.
Public Works/ Utilities - No objection with the following conditions:
1. Provision of a 12’ easement; and
2. Prohibition of planting canopy trees within
the easement.
Planning and Zoning - No objection.
PUBLIC UTILITY COMPANIES
Florida Power and light - No objection with provision of necessary easements
to cover existing and future facilities as needed.
AT&T - No objection with provision of necessary easements
to cover existing and future facilities as needed.
Comcast - No objection
Florida Public Utilities No objection with provision of necessary easements
to cover existing and future facilities as needed.
RECOMMENDATION
Staff has determined that the subject portion of the right-of-way requested to be abandoned does
not adversely impact traffic, does not adversely affect other adjacent property owners, and therefore
no longer serve a public purpose, subject to the conditions of approval including the provision of the
necessary utility easements noted by staff during their review. Based on the above analysis, staff
recommends APPROVAL of the applicant’s request to abandon this portion of the right-of-way,
subject to the attached conditions. Any conditions requested by the Planning and Development
Board or required by the Commission will be placed in Exhibit “F” - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\704 SW 25th (SW 6th Street Abandonment)\Staff Report ABAN_20-010.doc
Page 1156 of 1203
±0 20 40 60 8010Feet
LOCATION MAP
EXHIBIT A
Legend
S W 2 5 T H S T
SW 6TH STFeetSUBJECT PROPERTY
Page 1157 of 1203
P&Z
09/22/2020
Page 1158 of 1203
P&Z
09/22/2020
Page 1159 of 1203
Page 1160 of 1203
S W 2 5 t h A v e
SW 5th StSW 6th StS W 2 5 t h P l
SW7thSt0 25 50 75 10012.5 Feet /Page 1161 of 1203
S W 2 5 t h A v e
SW 5th StSW 6th StS W 2 5 t h P l
SW7thSt0 25 50 75 10012.5 Feet /Page 1162 of 1203
EXHIBIT F
Conditions of Approval
Project Name: 704 SW 25th - SW 6th Street Abandonment
File number: ABAN 20-010
Reference: 1st review documents identified as Abandonment Application with a September 22,
2020 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. Provide a 12 feet wide utility easement. X
2. Canopy trees shall not be planted within the easement. X
FIRE
Comments: Not applicable.
POLICE
Comments: Not applicable.
BUILDING DIVISION
Comments: Not applicable.
PARKS AND RECREATION
Comments: Not applicable.
PLANNING AND ZONING
Comments:
1. Provide necessary easements to cover existing and future utility
facilities as needed. X
COMMUNITY REDEVELOPMENT AGENCY
Comments: Not applicable.
Page 1163 of 1203
704 SW 25th Street – SW 6th Street Abandonment (ABAN 20-010)
Conditions of Approval
Page 2 of 2
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None
CITY COMMISSION CONDITIONS
Comments: To be determined.
ADDITIONAL REPRESENTATIONS / COMMITMENTS
The applicant or applicant’s representatives made the following
representations and commitments during the quasi-judicial and/or public
hearings that now constitute binding obligations of the applicant. The
obligations have the same weight as other conditions of approval.
__________________________________________________________
__________________________________________________________
__________________________________________________________
S:\Planning\SHARED\WP\PROJECTS\704 SW 25th (SW 6th Street Abandonment)\ABAN 20-010 COA.docx
Page 1164 of 1203
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: 704 SW 25th Avenue – SW 6th Street Abandonment (ABAN 20-010)
APPLICANT: Zachary Schaffer, Property Owner
APPLICANT’S ADDRESS: 4807 NW 16th Terrace, Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 1, 2020
APPROVAL SOUGHT: Request for abandonment of a portion of the SW 6th Street right-of-way (ABAN
20-010) consisting of 25 feet of unimproved swale abutting the east lot line of
the property located at 704 SW 25th Avenue.
LOCATION OF PROPERTY: Portion of the SW 6th Street R.O.W. located south of SW 25th Avenue, and
north of SW 25th Place.
DRAWING(S): SEE EXHIBITS “B”, “C”, “D” & “E” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit “F”
with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED: __________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\704 SW 25th (SW 6th Street Abandonment)\ABAN 20-010 DO.doc
Page 1165 of 1203
9.A.
C I TY MA NA GE R’S RE P ORT
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Police Chief Gregory will give a presentation on traffic safety and
issues surrounding driving off road vehicles on public streets.
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1166 of 1203
9.B.
C I TY MA NA GE R’S RE P ORT
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Discuss recommendations provided by the Recreation & Parks
Advisory Board for naming city facilities in the Town Square Project in downtown Boynton Beach.
Explanation of Request:
As completion of the public facilities in the Town Square project in downtown Boynton Beach nears
completion, it is now time to consider naming the new facilities. Ordinance 06-078 outlines a procedure that
guides how city facilities are named. Staff recommends naming the open space park area by the new
amphitheater, the renovated high school building, and the open space park immediately west of the high
school where the historic Kapok tree is located.
The naming of the city facilities listed will be discussed during a public meeting with the Recreation & Parks
Advisory Board on December 7, 2020, in accordance with Ordinance 06-078.
Staff recommended the following names for these facilities:
Centennial Park - for the park space by the amphitheater in reference that the park space was completed
during the City's Centennial.
Kapok Park - for the open space west of the high school for the historic Kapok tree on site.
Boynton Beach Arts and Cultural Center - for the renovated historic high school, which will now be utilized for
arts and cultural programs, events, weddings, lectures, art exhibitions, community programs, and concerts.
All of these names meet the criteria outlined in the ordinance.
As the Commission is aware, an active naming rights campaign is underway. Should the City receive funds
for any of its facilities included in the campaign, they will be renamed accordingly. I n the meantime, marketing
materials are being developed to advertise the new facilities and appropriate names are needed.
How will this affect city programs or services? No affect.
Fiscal Impact: Non-budgeted No fiscal impact
Alternatives: Not to have the discussion.
Strategic Plan: Boynton Beach Branding
Strategic Plan Application:
Appropriately naming the facilities listed will assist with being able to effectively advertise each site.
C L IMAT E AC T IO N AP P LIC AT IO N: No climate action application.
Page 1167 of 1203
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Attachment Ordinance NO. 06-078
Page 1168 of 1203
Page 1169 of 1203
Page 1170 of 1203
Page 1171 of 1203
Page 1172 of 1203
11.A.
NE W B US I NE S S
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: J K M Developers have provided their monthly update to the City
Commission on the Town Square Project. See attached.
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Attachment J K M Development Written Update
Page 1173 of 1203
2300 Glades Road
Suite 202 East
Boca Raton, FL 33431
Office: 561-886-6684
Ms. Lori LaVerriere, City Mgr. Via Email
City of Boynton Beach, FL
City Hall: 100 E. Ocean Ave.
Boynton Beach, FL 33435
(LaVerriereL@bbfl.us)
Boynton Town Square City Commission Update-Private Sector December 8, 2020
North Parcel 2, Mixed-use Building and North Parking Garage:
• Negotiations between the City, potential Workforce Housing Developers and separately
with JKM have taken place. All negotiations have been stopped by the City pending
litigation filed by the City for declaratory judgement.
South Parcel 7, Parking Garage and Apartments:
• Final review of Building Permit is in process. Project Architects & Engineers have
submitted a garbage service re-design.
• Efforts to secure construction debt for the South Parking Garage and South Apartments
continue. Construction debt availability and financial markets are tied directly to COVID
19. Prospective Lenders have inquired about the nature of the City filed litigation.
• The effects of the COVID 19 Pandemic on construction debt lending are unknown and
indeterminate in nature.
• Pending litigation has negatively affected the prospects of obtaining any project
construction financing.
Central Parcel 3, Mixed-use Building:
• The Central, Parcel 3 Mixed-use Building has been re-designed for 175 Apartments with
8,400 square feet of restaurant space.
• An administrative amendment to the Master & Site Plans will be submitted pending
resolution of litigation.
Respectfully submitted,
John Markey
Page 1174 of 1203
12.A.
LE GA L
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Proposed Resolution No. R20-147 - Extending Ordinance 20-030 to
continue provisions for public meetings by use of Communications Media Technology during the C OV I D-19
public health emergency.
Explanation of Request: On October 6, 2020, the City Commission passed Ordinance 20-030, which made
provisions for public meetings by use of Communications Media Technology (C MT) and attendance by use of
such technology by elected and appointed officials during periods where the City Commission determines
and declares a local public health emergency or other circumstances by which the Commission determines
necessary to protect the health and safety of City officials, City staff and the public. The ordinance will expire
on December 31, 2020, but may be extended by Resolution of the City Commission.
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Resolution Resolution extending the use of Communication
media technology for City meetings
Ordinance Ordinance 20-030
Page 1175 of 1203
{00417297.2 306-9001821} S:\CA\RESO\Reso Extending Virtual Meetings (00417297-2xc4b6a).Docx
1
RESOLUTION NO. R20-_____ 2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 3
BOYNTON BEACH, FLORIDA, EXTENDING ORDINANCE 4
20-030 TO CONTINUE PROVISIONS FOR PUBLIC 5
MEETINGS BY USE OF COMMUNICATIONS MEDIA 6
TECHNOLOGY DURING THE COVID-19 PUBLIC 7
HEALTH EMERGENCY; AND PROVIDING AN EFFECTIVE 8
DATE. 9
WHEREAS, on October 6, 2020, the City Commission passed Ordinance 20-030, which 10
provided for public meetings by use of Communications Media Technology (CMT) and attendance 11
by use of such technology by elected and appointed officials during periods where the City 12
Commission determines and declares a local public health emergency or other circumstances by 13
which the Commission determines necessary to protect the health and safety of City officials, City 14
staff and the public; and 15
WHEREAS, due to the uncertainty associated with predicting the end of the public health 16
emergency resulting from the pandemic Ordinance 20-030 allowed for extension of virtual 17
meetings provided the extension was by City Commission Resolution; and 18
WHEREAS, the City Commission finds that the public health emergency in Boynton 19
Beach has not abated to the degree that it makes safe to resume face to face public meetings and 20
thereby exposure citizens, staff, and other invitees to risk of exposure to the COVID-19 virus; and 21
Page 1176 of 1203
{00417297.2 306-9001821} S:\CA\RESO\Reso Extending Virtual Meetings (00417297-2xc4b6a).Docx
WHEREAS, the City Commission finds that media reports regarding the testing data 22
being issued by the State of Florida makes reliance on that data questionable1; and 23
WHEREAS, the availability of a COVID-19 vaccine for Boynton Beach residents and 24
workers does not appear to be imminent and no specific State plan for distribution in Boynton 25
Beach has yet been announced; 26
WHEREAS, the City Commission finds that the virtual meeting format the City is using 27
has not diminished the public’s right to attend and participate in the City’s public meetings and to 28
some degree has made public participation easier. 29
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 30
CITY OF BOYNTON BEACH, FLORIDA, THAT: 31
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 32
true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 33
Section 2. In accordance with the provision for extension set forth in Section 8 of 34
Ordinance 20-030, and the City Commission findings as stated above, there continues to be public 35
health risk associated with gatherings for City meetings. 36
Section 3. The City Commission hereby extends virtual meetings until March 31, 37
2021. 38
1 On December 3, 2020, it was reported in the Sun Sentinel that: Throughout the COVID-19 crisis in Florida, Gov.
Ron DeSantis’ administration engaged in a pattern of spin and concealment that misled the public on the gravest
health threat the state has ever faced, a South Florida Sun Sentinel investigation has found.
http://www.sun-sentinel.com/coronavirus/fl-ne-coronavirus-florida-desantis-spin-ss-prem-20201203-
tyjmgkos6bd7vo7vnripqliany-htmlstory.html
Page 1177 of 1203
{00417297.2 306-9001821} S:\CA\RESO\Reso Extending Virtual Meetings (00417297-2xc4b6a).Docx
Section 4. The City Commission may shorten or further extend virtual meetings 39
pursuant to the authority granted in Section 8 of Ordinance 20-030. 40
Section 5. This Resolution will become effective immediately upon passage. 41
PASSED AND ADOPTED this _____ day of December, 2020 42
CITY OF BOYNTON BEACH, FLORIDA 43
YES NO 44
Mayor – Steven B. Grant _____ _____ 45
46
Vice-Mayor – Ty Penserga _____ _____ 47
48
Commissioner – Justin Katz _____ _____ 49
50
Commissioner – Woodrow L. Hay _____ _____ 51
52
Commissioner – Christina L. Romelus _____ _____ 53
54
VOTE ______ 55
56
ATTEST: 57
58
59
_____________________________ 60
Crystal Gibson, MMC 61
City Clerk 62
63
64
(Corporate Seal) 65
Page 1178 of 1203
00389071.3 306-9001821} S:\CA\Ordinances\ORD 20-030 CMT Meetings (00389071-3xc4b6a)(Rev For 2nd Read) Clean.Docx
ORDINANCE NO. 20-030
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO MAKE
PROVISIONS FOR PUBLIC MEETINGS BY USE OF COMMUNICATION
MEDIA TECHNOLOGY AND FOR ATTENDANCE BY USE OF SUCH
TECHNOLOGY BY ELECTED AND APPOINTED OFFICIALS DURING
PERIODS WHEN THE CITY COMMISSION DETERMINES AND
DECLARES A LOCAL PUBLIC HEALTH EMERGENCY OR OTHER
CIRCUMSTANCES WHICH THE COMMISSION DETERMINES
NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CITY
OFFICIALS, CITY STAFF, AND THE PUBLIC; PROVIDING FOR THIS
ORDINANCE TO CONTROL IN THE EVENT OF CONFLICT WITH OTHER
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission deems it to be in the best interest of the citizens
and residents of the City of Boynton Beach, to make provisions for public meetings by use of
communication media technology and for attendance by use of such technology by elected
and appointed officials during periods when the City Manager determines and issues a
declaration of local public health emergency or other circumstances in which the City
Manager determines necessary to protect the health and safety of City Officials, City staff,
and the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
SECTION 1. The foregoing whereas clause is hereby ratified and confirmed as
being true and correct and is hereby made a part of this Ordinance.
SECTION 2. LEGISLATIVE FINDINGS, PURPOSE, AND INTENT.
In adopting this Ordinance, the City Commission of the City of Boynton Beach (the “City
Commission”) intends to protect the public health and safety by making provisions for the
occurrence of and attendance at public meetings by use of communication media technology
Page 1179 of 1203
00389071.3 306-9001821} S:\CA\Ordinances\ORD 20-030 CMT Meetings (00389071-3xc4b6a)(Rev For 2nd Read) Clean.Docx
2
CMT”) during local public health emergencies, as determined by the City Manager. The
City Commission finds:
1. The Coronavirus (COVID-19), a respiratory illness caused by a virus that spreads
rapidly from person to person and may result in serious illness or death, constitutes
a clear and present threat to the lives, health, welfare, and safety of the people of
Boynton Beach.
2. On March 1, 2020, Ron DeSantis, Governor of the State of Florida, issued Executive
Order No. 20-51, directing the Florida Department of Health to issue a Public Health
Emergency.
3. On March 1, 2020, the State Surgeon General and State Health Officer declared that
a Public Health Emergency exists in the State of Florida as a result of COVID-19.
4. On March 9, 2020, Governor DeSantis declared that a state of emergency exists in
the State of Florida as a result of the continued spread of COVID-19.
5. Since April 21, 2020, either in accord with Florida Governor Executive Orders or
City Emergency Ordinances 20-008, 20-009 and 20-026 the City has been
conducting public meetings by use of communication media technology (CMT).
6. To reduce the spread of COVID-19, the United States Centers for Disease Control
and Prevention (“CDC”) recommends implementation of community mitigation
strategies to increase containment of the virus.
7. The current outbreak of COVID-19 has made the City Commission acutely aware
that provisions must be made to ensure that the business of municipal governance
can occur without unnecessarily exposing public officials, City personnel or
members of the public to a risk of infection while ensuring public access and open
government.
8. As of September 20, 2020, the Florida Department of Health reports a total number
of COVID-19 cases of 685,439 with 13,480 deaths in Florida and 45,425 cases and
1,277 deaths in Palm Beach County. These numbers continue to rise and current
data is available at:
https://experience.arcgis.com/experience/96dd742462124fa0b38ddedb9b25e429.
9. Palm Beach County has recently announced the extension of its facemask
requirements which indicates a continuing public health concern in Palm Beach
County. Palm Beach County Emergency Order 2020-026.
10. Florida law, including Article 1, Section 24 (b) Florida Constitution, and Florida
Statutes Sections 286.011 and 166.041, requires that meetings of elected and
appointed officials (“Bodies”), for the conduct of public business, must be held
Page 1180 of 1203
00389071.3 306-9001821} S:\CA\Ordinances\ORD 20-030 CMT Meetings (00389071-3xc4b6a)(Rev For 2nd Read) Clean.Docx
3
following procedures (notice, access of meetings, opportunity to be heard, the taking
of minutes, etc.) that ensure that the public is able to participate in and be aware of
the decision making process (the “Sunshine Law”).
11. Previously, when asked whether a public body complies with the Sunshine Law
when one or more members of the Body wish to participate in a meeting
electronically from a remote location, the Florida Attorney General (“AG”) has
opined that a quorum of the Body must be physically present in order to allow a
member, who due to “extraordinary circumstances” is unable to physically attend
the meeting, to appear and participate electronically.
12. On March 19, 2020, the AG issued an AGO 2020-03 which provides that “unless
and until legislatively or judicially determined otherwise, if a quorum is required to
conduct official business, local government bodies may only conduct meetings by
teleconferencing or other technological means if either a statute permits a quorum to
be present by means other than in-person, or the in-person requirement for
constituting a quorum is lawfully suspended by the Governor during the state of
emergency.”
13. On March 20, 2020, Governor DeSantis issued Executive Order Number 20-69
which suspends any Florida Statute that requires a quorum to be present in person or
requires a local government body to meet at a specific public place and permits local
government bodies to utilize CMT such as telephonic and video conferencing, as
provided in section 120.54(5)(b)2., Florida Statutes. EO 20-69 has been extended on
several occasions reflecting the continued state of emergency and threat to the public
when gathering to attend public meetings but at this time the extension are scheduled
to end September 30, 2020 and there is no indication of additional extension. The
City Commission finds further extension is justified but has no authority to compel
the Governor to so act.
14. Section 4 D of Governor DeSantis’ Executive Order 20-52 expressly authorizes the
City Commission to take whatever prudent action is necessary to ensure the health,
safety, and welfare of the community in accordance with section 252.38, Florida
Statutes.
15. Chapter 252, Florida Statutes, among other things, confers upon the City
Commission the emergency powers provided for in Chapter 252 in order to protect
the public peace, health, and safety; and to preserve the lives and property of the
people of the state; and to “make, amend, and rescind such orders and rules as are
necessary for emergency management purposes and to supplement the carrying out
of the provisions of ss. 252.31-252.90, but which are not inconsistent with any orders
or rules adopted by the division or by any state agency exercising a power delegated
to it by the Governor or the division.” Section 252.46(1), Florida Statutes.
Page 1181 of 1203
00389071.3 306-9001821} S:\CA\Ordinances\ORD 20-030 CMT Meetings (00389071-3xc4b6a)(Rev For 2nd Read) Clean.Docx
4
16. COVID-19 has created or imminently threatens to create conditions that may
severely affect the public health, safety, welfare and security of the residents and
visitors of the City of Boynton Beach, Florida.
17. The City Commission finds there is a clear and present danger in holding a public
in person” meeting for those attending and those who come in contact with those
attending.
18. The technology exists to conduct public meetings using technology in which the City
can comply with the provisions of the Sunshine Law while preserving human life.
19. The City Commission also possesses broad home rule powers that authorize it to
protect the public health, safety, and welfare, declare emergencies, and protect its
citizens.
20. There is no statute, Charter provision, or ordinance that defines “present” as
physically within the walls of the City Hall chambers. Webster’s Dictionary
includes “in attendance” as a meaning of “present”.
21. Section 4 of the City Charter provides: The City Commission shall be the judges of
the qualifications, election and returns of its own members: it may enact rules of
procedure and may prescribe penalties for the non-attendance or dis-orderly
conduct of its members (emphasis added) , and enforce the same. A majority of the
members of the Commission shall be necessary to constitute a quorum for the
transaction of any business; but a smaller number may adjourn from time to time,
and under the provisions of ordinances or rules of procedure may compel the
attendance of the absent members by the imposition of fines or penalties.
Additionally, Sec. 8 of the Charter provides:
All regular and special meetings of the City Commission shall be open
to the public. The City Commission shall determine its own rules and
order of business (emphasis added).
22. The Charter does not prohibit attendance at the meeting of City Commissioners by
electronic media and the City Commission finds that its attendance requirement for
the purpose of establishing a quorum, participating and voting can be satisfied by
physical or CMT attendance. This same rule of attendance applies to City Board or
Committee meetings and quasi-judicial hearings.
23. There is no intrinsic evil to telephonic or CMT attendance to achieve a quorum.
Consequently, the “preemption” of phone attendance, if it exists, must be expressly
set forth in the Florida Constitution or general or special law, not vaguely and
ambiguously implied. Thus, the City Commission finds that no preemption exists
in state law.
Page 1182 of 1203
00389071.3 306-9001821} S:\CA\Ordinances\ORD 20-030 CMT Meetings (00389071-3xc4b6a)(Rev For 2nd Read) Clean.Docx
5
24. The City Commission finds that it is in the best interests of the City Commission,
Boards, Committees, City personnel, and citizens and residents of the City to
authorize the City Manager to provide for the City Commission and members of the
various Boards and Committees to be able to attend meetings electronically during
a declared public health emergency, pursuant to the City’s Charter, Chapter 252,
Florida States, Section 4 D of Governor DeSantis’ Executive Order 20 -52, and the
City’s home rule authority, including that set forth in Article VIII, Section 2(b),
Florida Constitution, and Section 166.021, Florida Statutes.
SECTION 3. DECLARATION OF EMERGENCY. Pursuant to its home
rule powers, Chapter 252, Florida Statutes, section 4 D of Governor DeSantis’ Executive
Order 20-52, and based upon the Legislative Findings set forth in the above-stated recitals,
the City Commission of the City of Boynton Beach hereby finds and declares that a public
health emergency exists requiring immediate action by the City Commission. By virtue of
the threat to public health and safety and by virtue of the threat to the City’s financial health
and home rule powers, it is necessary for the City to implement this regulation.
SECTION 4. LIMITED AUTHORIZATION FOR PUBLIC MEETINGS
WITHOUT PHYSICAL PRESENCE. The City Manager is hereby authorized,
pursuant to the home rule authority of the City Commission, Chapter 252, Florida Statues,
section 4 D of Governor DeSantis’ Executive Order 20-52, and based upon the Legislative
Findings set forth in the above-stated recitals, during a declared public health emergency to:
a) arrange for the City Commission, Boards, and Committees to meet electronically ;
b) promulgate rules of procedure that will ensure compliance with the Sunshine
Law;
c) provide technology and administrative support as necessary to fulfill these
objectives.
Such a meeting may only be conducted without the physical presence of a quorum of the City
Commissioners, Boards, and Committees, if an emergency is declared based upon an infectious
disease, and only so long as (1) the meeting is properly noticed, (2) minutes are taken, and (3) the
Page 1183 of 1203
public is permitted to attend via communication media technology (CMT), technology such as
teleconferencing or web-based conferencing.
SECTION 5. SEVERABILITY. If any clause, section, or other part of this
Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way
affecting the validity of the other provisions of this Ordinance.
SECTION 6. HYBRID MEETING. Nothing herein shall be construed to prohibit
hybrid public meetings in which one or more members of the City Commission (or a City
Board)physically attend at a City Hall location while other Commission (or Board)members
attend by communication media technology, provided proper notice is provided and all
requirements for conducting a sunshine law compliance meeting are met.
SECTION 7. CONFLICTS. All Ordinances or parts of Ordinances,Resolutions,or
parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such
conflict.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately.
This Ordinance shall expire on December 31,2020,but may be extended by Resolution of the
City Commission.
FIRST READING this Oday of August, 2020.
00389071.3 306-9001821)S:\CA\Ordinances\ORD 20-030 CMT Meetings(00389071-3xc4b6a)(Rev For 2nd Read)Clean.Docx
6
Page 1184 of 1203
SECOND, FINAL READING AND PASSAGE this4ay ofae4e4c2020.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor—Steven B. Grant t/
Vice-Mayor—Ty Penserga
Commissioner—Justin Katz
Commissioner—Woodrow L. Hay
Commissioner—Christina L. Romelus
VOTE
ATTEST:
C stal Gibson, MMC
City Clerk
Corporate Seal)
2.
O ,
1.
O .•
71k
1 ...._.. Vf
00389071.3 306-9001821)S.1CA1Orc9na iceMORD 20-030 CMT Meetings(00389071-3sc4b6a)(Rev For 2nd Read)Clean.Docx
7
Page 1185 of 1203
13.A.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Proposed Ordinance No. 20-034 - First Reading - Approve Legacy
at Boynton Beach (RE ZN 20-001) rezoning subject property from C B D (Central Business District) to MU-C
(Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail,
located at the northeast corner of S E 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GC I
Acquisitions L L C. - January 5, 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1186 of 1203
13.B.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Proposed Ordinance No. 20-035 - First Reading - Approve
Legacy at Boynton Beach (A B A N 20-009) abandoning a portion of the improved 45 foot wide right-of-way of
S E 1st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan
Vlaeminck of GC I Acquisitions L L C. - January 5, 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1187 of 1203
13.C.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Approval of Legacy at Boynton Beach (NW S P 20-003) new site
plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units,
12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre
site. Applicant: Evan Vlaeminck, GC I Acquisitions LLC. - January 5, 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1188 of 1203
13.D.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Staff to present a summary as requested by the Commission regarding
a potential polystyrene ordinance. - January 5, 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1189 of 1203
13.E.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Hear a presentation by David Scott, Director of Economic
Development and Strategy, on the City's Tourism Strategic Plan. January 19, 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1190 of 1203
13.F.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Staff will present a Legislative Priority List for the Commission's
consideration and adoption - January 19, 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1191 of 1203
13.G.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Per the request of S FW MD staff will prepare a year round irrigation
ordinance for the Commission's consideration which comports the District's Mandatory Year-Round
Landscape I rrigation Conservation Measures Rule - January 19, 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1192 of 1203
13.H.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission:
A presentation of the City of Boynton Beach Operations Performance Management Dashboard. - January
19, 2021
Explanation of Request:
Transparency is essential to the delivery of effective and accountable government services. As such, the City
of Boynton Beach is developing an Operational Performance Management Dashboard that will provide the
public with access to select contextualized data through the City’s website.
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1193 of 1203
13.I .
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Resolution will be presented for consideration to award bid for
construction of two isolation valves into existing 36" force main on Congress Avenue. - January 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1194 of 1203
13.J .
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Resolution will be presented for consideration to award bid for
construction of a new water main from East W ellfield to East Water Treatment Plant. January 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1195 of 1203
13.K.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Mayor Grant requested information on the water quality of canal
systems within the City. - February 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1196 of 1203
13.L.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: I LA for Women's Club transfer to the City - February 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1197 of 1203
13.M.
FUTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: I LA for Sara Sims Park Pavilion I mprovements - February 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1198 of 1203
13.N.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Vice Mayor Penserga requested a discussion regarding a City Mural
Program - March-2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1199 of 1203
13.O.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Staff will present the City's 15 year Roadway C I P plan and
demonstrate the software and data collected to implement this plan. - March 2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1200 of 1203
13.P.
F UTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Present option for management of canal assessment program - March,
2021
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1201 of 1203
13.Q.
FUTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Discussion on funding for expanding W i-Fi to City parks. - T B D
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1202 of 1203
13.R.
FUTURE A GE ND A I TE MS
12/15/2020
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 12/15/2020
Requested Action by Commission: Discussion of L OI process for sale of city land - TB D
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
Page 1203 of 1203